What to do if you have been charged with a driving offence

In the nightmare scenario of being charged with a driving offence, you might feel stressed out and confused about the next steps.

Here we advise what to do if you are alleged to have committed an offence such as speeding, talking on your phone while driving or drink driving. You’ll read about the process, as well as your rights and responsibilities.

Before responding

We begin by addressing the start of the process. Before you respond to any allegations, there are a few things to bear in mind:

Do not respond immediately

The purpose of a Notice of Intended Prosecution (NIP) is to notify a potential defendant that they may be prosecuted. If you receive an NIP or a court summons, don’t reply impulsively. Take time to carefully read any documents you receive, checking the details of the alleged offence.

Seek legal advice

Don’t make any formal statement or plea before you have sought legal advice from a solicitor who specialises in careless or inconsiderate driving. A professional can assess evidence against you – including camera footage, police statements, or speed gun readings – to check whether there are grounds for challenging the charge.

You can also discuss whether you should plead guilty or not guilty, and potential penalties, with your solicitor.

Gather evidence

While waiting for advice, start gathering evidence that might support your case. This could include footage from your dashcam, if you have one, and maintenance records from your vehicle, and in some cases, witness statements.

Pleading guilty

If you choose to plead guilty, take the following into account:

Respond online or by post

If you choose to plead guilty, you can usually do so online through the Single Justice Procedure (a procedure in the UK that deals with non-imprisonable offences) or by post. The paperwork will include detailed step-by-step instructions on how to submit your plea. This method offers you the advantage of not having to attend court in person.

Request mitigation

Even if you plead guilty, you can still request mitigation. Mitigation is when you provide an explanation or context for your actions. This may persuade the magistrates to reduce your penalty.

Examples of when you may request mitigation include an emergency situation, when you’ve made a genuine mistake, or if you have an otherwise clean driving record.

Face a fine and penalty points

A guilty plea typically results in a fine, penalty points, or both. The severity of the penalty will depend on the type of offence, as well as in some cases, your financial situation. Some of the most serious driving offences – such as drink driving or dangerous driving – may also lead to disqualification or even imprisonment.

Pleading not guilty

If you believe you are innocent and want to plead not guilty, bear the below in mind:

Respond to the notice

If you believe you are innocent or the evidence is flawed, you have the right to plead not guilty. In this scenario, you would respond to the notice following the instructions in the notice. You can often do this by completing a form or replying online. This is a notification to the court that you intend to contest the charge.

Go to court

Once you plead not guilty, your case will be transferred to a Magistrates’ Court for a hearing. You must attend unless your solicitor advises otherwise. Missing your hearing may lead to the case proceeding without you, or even a warrant for your arrest. The court will outline the next steps. It may schedule a separate date for the trial.

Be prepared for a trial

If the case goes to trial, both the prosecution and defence will present evidence. You or your solicitor will have the chance to question witnesses and challenge the accuracy of the evidence. The court will then decide whether you are guilty or not guilty based on the facts presented.

What happens next

Finally, here’s what happens next:

Court proceedings

After your plea, the court process will continue according to your case type. A guilty plea may be dealt with quickly, while a contested case could be adjourned for a period of time.

Sentencing

If found guilty, sentencing can range from fixed-penalty fines to driving bans or imprisonment, depending on the seriousness of the offence.

Record keeping

Note that a conviction for a driving offence will appear on your driving record, and could remain there for several years. Insurers can access this information, often resulting in higher premiums. Keep copies of all court documents, correspondence, and receipts for fines.