Road Transport

With the proliferation of speed cameras on the roads, it can be increasingly difficult to keep your driving licence clean of penalty points. If you're worried about a driving prosecution, help is on hand from the dedicated experts at Pickering & Butters.

If you have received an invitation by post to plead guilty to a driving allegation, we strongly advise you to read on before you do anything. Sometimes the worst thing you can do is plead guilty by post and hope for the best. Nowhere is this thrown more sharply into focus than where you risk amassing twelve or more penalty points.

Penalty Points and Disqualification

Most speeding offences are dealt with by a fixed penalty notice and the imposition of three penalty points. However, there are circumstances where the fixed penalty regime is not deemed appropriate. An example is where the speed is deemed to be excessive to the point where it justifies a summons to bring the motorist to court to consider the imposition of more than three points (in the range of three to six) or disqualification (usually for up to eight weeks). The punishment is dependent upon the amount by which the speed limit was exceeded. Depending on the circumstances, you may well benefit from legal representation and it is well worth taking advice to see if that is the case. When you talk to Pickering & Butters, we’ll let you know based on our experience what we think will benefit you.

A more draconian regime comes into play when your motoring offence (speeding or otherwise) is likely to lead to the imposition of points on your licence that will take you to twelve or more. In such a case, a fixed-penalty notice will not be issued but you will be summonsed to appear in court. If you are convicted and the points added to your licence take you to at least twelve current points, the court can disqualify you from driving under the ‘totting up’ procedure. Such disqualification is for a minimum of six months.

Any period of disqualification from driving is at the very least a considerable inconvenience. More than that, however, it could seriously damage you financially. If you need to drive to either commute to your job or perform your work then a period of disqualification may put your employment in jeopardy. If you are self-employed or run a business of your own, a driving disqualification could seriously disadvantage you commercially. After all, you cannot drive a business if you cannot drive a car.

So what is the answer? Talk to Pickering & Butters. The experience we have in helping motorists in mitigating or avoiding disqualification is well-regarded throughout the region.

We have considerable expertise and a respected track record in persuading courts that there are sufficient circumstances whereby a disqualification would cause ‘exceptional hardship’ to be taken into account, so as to justify not disqualifying a driver who would otherwise be off the road for at least six months.

Traffic Commissioner Representation on Public Enquiries

To be called before a Traffic Commissioner on a Public Enquiry is not only an uncomfortable experience, but also one that has the potential to seriously damage your business. You may be at risk of losing your Operator's Licence, seeing it suspended or having the number of vehicles you operate reduced. Furthermore, a conviction before a Magistrates’ Court could itself precipitate your appearance before the Commissioner.

This is precisely why highly specialised and timely advice and representation is vital. Here at Pickering & Butters we offer exactly this on a range of issues that may come before the court. At times like these, the right support and representation make all the difference. Here’s how we can help:

  • Representation before the Traffic Commissioner on Public Enquiries
  • Defence of prosecutions for overloading and Construction and Use offences
  • Defence of tacograph prosecutions:
    • Drivers' hours infringements
    • Speeding
    • MOT, VED and operator licensing offences

For tailored legal advice on any road transport issue, please get in touch with our Staffordshire solicitors in Stafford and Rugeley