| Penalties / Ban / Revocation |
| Maximum Ban by Driving Offence |
| Will I be banned from driving? |
| How will I know if I face a ban? |
| What are the Court guidelines/maximum driving ban? |
| What is a discretionary driving ban? |
| What is a mandatory driving ban? |
| Maximum Penalties for Driving Offences |
| What is the maximum fine / points / ban? |
| How is the fine calculated? |
| What is the better outcome, points or a ban? |
| What is the likely penalty in my case? |
| When is a prison sentence likely? |
| Totting Up Ban |
| What is the definition of totting up? |
| How does the totting up procedure work? |
| How do I avoid a totting up ban? |
| How long does a totting up ban last for? |
| Can a totting up disqualification be longer than 6 months? |
| Am I at risk of totting up? |
| Can I reduce the potential number of penalty points to avoid a totting up ban? |
| How long do penalty points/offences remain on my driving licence? |
| Some of my points expire before my Court appearance. Will I still face a totting up ban? |
| My points were due to expire shortly after the most recent offence was committed. Will the Court take this into account? |
| Can I be banned from driving under the Fixed Penalty Notice System? |
| Why have I received a Fixed Penalty Notice if I cannot accept it? |
| What happens if I am at risk of totting up, but accept the Fixed Penalty Notice anyway? |
| Can I appeal a totting up ban? |
| What are the rules for new drivers? |
| New Drivers Act / Driving Licence Revocation |
| What is the New Drivers Act? |
| I am a new driver. What happens if my driving licence is revoked? |
| Can the DVLA revoke my licence without prior warning or a Court attendance? |
| Do the DVLA, the Police or the Courts have to warn me that my licence could be revoked? |
| How do I avoid revocation of my driving licence? |
| My licence has been revoked. Can I appeal? |
| I have received 6 points but I've not been told that my licence has been revoked. Can I continue driving? |
| My licence was revoked so I have retaken and passed the driving test. Are my penalty points removed from my licence? |
| Does it follow that the New Drivers Act only applies once? |
| I am a new driver. If I receive an instant driving ban do I have to re–sit the driving test? |
| I already have 6 penalty points on my provisional licence. Can I actually take a driving test and if I pass, will my licence be revoked immediately the full licence is issued? |
| Can my provisional licence be revoked? |
| I passed my car test many years ago but I have now passed a bike test, am I subject to the New Drivers Act? |
| I have swapped my foreign licence for a UK licence. Am I subject to the provisions of New Drivers Act? |
| I hold a foreign car licence. I swapped it for a UK car licence. I now want to take a UK bike test. How does this affect things? |
| I have held a non-exchangeable driving licence for many years. Will I be subject to the terms of the New Drivers Act if I pass a UK test? |
| Procedure / Court / Legal Advice |
| Legal Procedure & Paperwork |
| What is the procedure if caught by camera? |
| What is the procedure if stopped by the Police? |
| What if I already have 9 points? |
| Do the Police have to prove the offence when they stop me? |
| Do I have to say anything to the Police when stopped? |
| Do the Police have to serve evidence with the Court process? |
| Notice of Proposed Disqualification |
| What is a Notice of Proposed Driving Disqualification? |
| Why have I received a Notice of Proposed Driving Disqualification? |
| What happens if I do not respond to the Notice? |
| Can I still prevent a ban? |
| Am I not automatically entitled to have my day in Court? |
| The Notice of Proposed Driving Disqualification is the first communication I have received. Why is that? |
| If a hearing date is allocated, can I be represented? |
| If I do not request a hearing, but provide a written submission, can I still avoid a ban? |
| If a Notice of Proposed Driving Disqualification has been issued, is it not inevitable that a ban will be imposed? |
| What if I am at risk of a totting up disqualification? |
| I have received more than one Notice. What should I do? |
| How do I avoid a driving ban? |
| Can I avoid a driving ban? |
| What Are Special Reasons? |
| What is Mitigation? |
| What is a Plea in Mitigation / Mitigating Circumstances? |
| What if I don't think I have any mitigation? |
| What is exceptional hardship? |
| What if I can show I will lose my job as a result of a driving ban? |
| Is my exceptional hardship case strong enough? |
| I have successfully argued exceptional hardship in the past. Can I use the same arguments again? |
| How do I defend an allegation? |
| What defences are available? |
| How do I obtain the evidence? |
| Why do I need to instruct a lawyer/solicitor in order to retain my driving licence? |
| How can I establish the prospects of success? |
| Attending Court for a driving offence |
| Which Court will deal with my case? |
| How long will it take my case to get to Court? |
| Do I have to attend a Court hearing? |
| How long will a hearing last for a personal attendance? |
| Will my case be dealt with at one hearing? |
| Will the Court assist me at the hearing? |
| Is the Court not obliged to instruct a Duty Solicitor to represent me? |
| Can I represent myself at Court? |
| What are the benefits of being legally represented at the hearing? |
| Seeking Legal Advice |
| When should I seek legal advice if I face a driving ban? |
| What are the benefits of instructing a lawyer? |
| Can I use the local/duty solicitor? |
| Can I apply for Legal Aid for motoring cases? |
| Will my insurers pay my Legal bill? |
| How can I tell whether my lawyer specialises in motoring law? |
| How much will I pay for a motor lawyer? |
| Can I obtain free legal advice? |
| I've been banned from driving |
| I have been banned from driving. What happens next? |
| Will I now have a criminal record? / Is a driving ban a criminal offence? |
| Can I ride a moped or motorbike when banned? |
| I was banned for speeding on my motorbike. Can I still drive my car? |
| Can I drive abroad? |
| Can I apply for a foreign driving licence? |
| Can I supervise a learner driver? |
| I am already banned but cannot recall the period of disqualification. How can I find out how much longer I need to serve? |
| How do I get my licence back after a ban? |
| I was banned but why have my previous penalty points not been removed from my driving licence? |
| Can I apply for my licence to be returned before I have served the full ban? |
| I was ordered to retake my driving test. Do I need to apply for a provisional licence? |
| How to Appeal a Driving Ban |
| If I am banned from driving, what can I do about it? |
| How does the appeal procedure work? |
| I have just been to Court and have been banned from driving. How long have I got in which to lodge an appeal? |
| If I appeal can I drive whilst I wait for the Crown Court hearing? |
| On what basis can I appeal? |
| I have been convicted in my absence because I did not know about the hearing. How do I appeal? |
| If I win my appeal will I get my costs back? |
| I did not realise the implications of the hearing so I did not obtain legal advice and I have now been banned. What can I do about it? |
| My circumstances have changed since my original Court hearing. Can I appeal for a reduction in my ban? |
| Effect a driving offence has on Insurance |
| Do I have to inform my insurers if I receive penalty points or a driving ban? |
| What if I don't tell my insurers about my penalty points? |
| What affect will penalty points have on my insurance premiums? |
| What affect will a driving disqualification have on my insurance? |
| For how long is a conviction of interest to my insurers? |
| Anything else? |
| Will it be impossible to obtain insurance once I finish a driving ban? |
| Can I insure against the cost of Court proceedings or losing my driving licence? |
| Driving Offences |
| Speeding Ban / Speeding Offences |
| What is the maximum penalty for a speeding offence? |
| I have been caught speeding. Is an instant speeding ban likely? |
| What is the likely length of an instant ban for a speeding offence? |
| Is there any discretion on an instant speeding disqualification? |
| I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic? |
| Is it possible to avoid an instant speeding ban? |
| I was speeding because of a genuine emergency. Is this a defence? |
| What if I deny the speed alleged? |
| Can I reduce the penalty points? |
| I have received a Single Justice Procedure Notice, does that mean I cannot be banned as I do not have to attend Court? |
| How is a speeding fine calculated? |
| Careless Driving |
| What is careless driving? |
| Will I be offered a driver improvement course? |
| What is the penalty for careless driving? |
| Why am I also being prosecuted for failing to stop / report? |
| Will I be banned from driving? |
| Why have I been asked to attend Court in person? |
| I have been warned by the Court I face a ban, what can I do? |
| Is there a defence? |
| What if I did not know I was involved in an accident? |
| Dangerous Driving |
| Is dangerous driving a serious allegation? Will I be banned? |
| What is dangerous driving? |
| Do I have to be involved in an accident to be convicted of dangerous driving? |
| Can I reduce the penalty? |
| What is the difference between dangerous and careless driving? |
| How easy is to persuade the Police to reduce a dangerous driving offence to careless driving? |
| Should I seek legal advice? |
| Drink Driving Ban |
| What is the drink driving limit? |
| What is the minimum penalty for a drink driving offence? |
| What is the minimum drink driving ban? |
| What is the maximum penalty for driving under the influence? |
| What are the Court Sentencing Guidelines for drink driving offences? |
| What if this is my second drink drive offence? |
| What if a driving ban will result in me losing my job? |
| What other factors will the Court take into account? |
| Is there any benefit from instructing a lawyer if a driving ban is inevitable? |
| Can I get the case dismissed? |
| What if my drink was spiked? |
| What if it was an emergency? |
| What if I was not driving on the road? |
| I had no intention of driving, do I have a defence? |
| How long does a drink drive conviction stay on my driving licence? |
| Driving Whilst Disqualified |
| Am I likely to get caught if I drive whilst disqualified? |
| What happens if I do get caught driving on a ban? |
| What is the maximum penalty for driving whilst disqualified? |
| What is the minimum penalty for driving whilst banned? |
| Is there anything that can be done to reduce the penalty? |
| I was not aware that I was banned. Is this a defence? |
| What is the difference between driving whilst disqualified and driving otherwise than in accordance with licence? |
| Drug Driving |
| What are the drug driving offences? |
| What is the penalty for drug driving? |
| What are the Court Sentencing Guidelines for drug driving offences? |
| Are all drugs illegal? |
| Do the Police have to show that the drugs affected my ability to drive? |
| What drugs are on the controlled list? |
| What if I was prescribed the drugs? |
| Are there defences available? |
| What if I wasn't impaired? |
| What if I didn't realise I would still be affected? |
| If I face a ban, is there any point instructing a lawyer? |
| Level Crossing |
| Is contravening Level Crossing Regulations a serious allegation? |
| What is the normal penalty range for a level crossing offence? |
| Is there a genuine risk of disqualification? |
| Can I deal with my case in my absence / writing? |
| Are there any defences? |
| Mobile Phone (Using) |
| What is the penalty for using a hand–mobile phone whilst driving? |
| Can I be banned for using a mobile phone whilst driving? |
| What if I was not using my phone? |
| What if the Police Officer refused to look at my mobile phone? |
| Will the Court impose a higher punishment if I have rejected a Fixed Penalty? |
| Is there a plea bargain option? |
| Will the Court always believe the Police Officer? |
| No Insurance |
| I have been stopped by the Police for driving without insurance. Do I face a driving ban? |
| Can I receive a Fixed Penalty for driving with no insurance? |
| My insurance policy expired and my insurance company failed to notify me. Is this a defence to driving uninsured? |
| I was driving a friend's car and I thought my comprehensive policy covered me for driving other cars. Now I realise it does not. Have I committed an offence? |
| I allowed a friend to drive my car believing they were insured when they were not. Where do I stand? |
| I was stopped for having no insurance. The Police have now impounded my car. Are they entitled to do this? |
| I was stopped for no insurance but have been prosecuted for driving uninsured and failing to produce an insurance certificate. Why have I been charged for the same offence twice? |
| I have been prosecuted for driving uninsured, but I can prove I had insurance at the time of the offence. Will I still be convicted? |
| I was driving a company car and my employer forgot to insure me. Do I have a defence? |
| I was driving my parent's car and they forgot to add me to their policy. Is this a defence? |
| Traffic Light / Red Light |
| Will I be banned for driving through a red light? |
| What is the penalty if the case is referred to Court? |
| Why has the Court demanded I attend in person for a red light offence? |
| The Police Officer said I went through a red light. I don't think I did, what should I do? |
| When should I seek legal advice? |
