Motoring Offences

At BCL, we appreciate that being concerned in a road traffic matter can be a particularly distressing experience and have significant implications on daily life, whether it be receiving a Single Justice Procedure Notice for speeding or facing prosecution for being involved in a serious road traffic collision.

Obtaining timely legal advice following involvement in a motoring incident is vital and can often lead to achieving a positive outcome, including avoiding disqualification.

Establishing the standard of driving, and whether the way a particular individual drives falls below or far below what would be expected of a competent and careful driver, is often a point of contention that commands much legal debate and the determination by a tribunal. Where there is ambiguity, we work with leading forensic experts to make sense of the evidence and to find clues that others have missed.

They’re absolutely at the top of their game and would be my first port of call for general crime work
Chambers and Partners

Our expertise

BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.

We have a specialist expertise in dealing with the full range of driving offences. This includes all of the most frequently encountered motoring offences, such as:

Failing to furnish / provide information to identify the driver of a vehicle
Driving without insurance
Speeding
Driving whilst disqualified
Failing to stop / failing to report
Driving while using a mobile phone
Dangerous or careless driving
Motoring offences involving excess alcohol or drugs
Failing to provide a specimen
Causing death or serious injury by careless or dangerous driving
Causing death by driving while unlicensed / uninsured / disqualified

In addition, we have significant experience in relation to dealing with driver disqualification proceedings, particularly those relating to the accumulation of penalty points and exceptional hardship arguments. We appreciate that the loss of a driving licence can have far reaching consequences – not simply for the driver, but for those who rely on them.

Our advice and representation covers the entire enforcement process, from the initial receipt of a section 172 notice of intended prosecution to subsequent court proceedings, including advice at the police station and advocacy in the magistrates’ court and the crown court. It is essential to have specialist legal advice, even when it comes to the most minor road traffic contraventions, as it may be possible to identify a procedural error by the police.

BCL’s reputation is for proactive engagement with investigators and prosecutors to achieve the most favourable outcome for our clients, often avoiding prosecution or resulting in early termination of court proceedings.

Our experience

Examples of our instructions include:

Representing a surgeon prosecuted for causing the death of his young son by dangerous driving. The Crown Prosecution Service were persuaded to offer no evidence against our client shortly before the trial was due to be heard.
Successfully defending a doctor prosecuted for an offence of causing death by careless driving. Our client’s motor vehicle was involved in a collision with a motorcyclist, who suffered fatal injuries. During the first trial to be heard at the Central Criminal Court after the country went into national lockdown during the coronavirus pandemic, the jury unanimously acquitted our client of the charge.
Advising a priest concerning a charge of driving a motor vehicle whilst his alcohol concentration was above the prescribed limit, which allegedly occurred in the grounds of an independent London school. Following written representations to the Crown Prosecution Service, the decision was taken to discontinue the proceedings against our client due to there being insufficient evidence to provide a realistic prospect of conviction.