Driving Offence Solicitors Cardiff

Most driving offences are dealt with by the Magistrates courts. However, this is dependent on the severity of the offence or consequence of the motorists conduct.  The punishments for driving offences range from awareness courses, disqualification and fines to a custodial sentence.

Having legal advice and assistance for any driving offence has a number of benefits, and we pride our practice on:

 

  1. Our knowledge of and keeping to up to date with the law.
  2. Providing expert advice throughout legal proceedings.
  3. Over 75 years combined knowledge and experience in dealing with driving offences.
  4. Excellent defence, advocacy and mitigation skills (for the best outcome).

 

We offer fixed fees from as little as £150.00 for simple guilty pleas and competitive rates for contested trails.

Driving under the influence

It is illegal to drive a vehicle when the amount of alcohol or drug (legal or illegal) in your system is over the prescribed limit or found to be driving a vehicle whilst being deemed unfit to drive through drug or alcohol use.

 

It is also an illegal offence to be in charge of a motor vehicle whilst intoxicated through alcohol and drug use. This generally means in control of the motor vehicle.

 

Both offences are triable summary only. Therefore, only a magistrate court can hear the trial. If convicted the following punishment may be enforced by the court:

young man drinking and driving

Drink driving

A Fine.

Up to 6 months custody.

Drug Driving

12 Month Minimum disqualification.

Drink driving

Fine.

10 points on licence; or Disqualification of 12 months minimum.

Dangerous Driving

Dangerous driving occurs when a defendant’s driving falls below the standard of a competent and careful driver. Examples of dangerous driving include:

 

  • Excessive speeding.
  • Ignoring traffic signals and signs.
  • Overtaking on the wrong side of the road.
  • Undertaking vehicles on dual carriage or motor ways.
  • Driving under the influence of drugs or alcohol.

 

Such offences are triable either way. This means it can be tried by magistrates or crown court. An automatic endorsement of a minimum 12 month ban may apply; with a re-test if a defendant wishes to obtaining a new one. A court may also order a community order, fine or custodial sentence as punishment.

Driving without due care and attention (Careless Driving)

As with dangerous driving the defendant’s driving standard must again fall below that of a competent and careful driver. However, the manner in which the driver has driven will be considered less serious than dangerous driving. Examples of careless driving are:

 

  • Driving too close to a vehicle.
  • Driving through red lights by mistake.
  • Flashing lights and forcing other road user to give way.
  • Driving continually in the overtaking lane.

 

Careless driving is triable summarily. This means that only a magistrate court can hear the offence. The magistrates will hear each case on its individual facts and consider any aggravating and mitigating factors. Magistrates may order an endorsement of 3 to 9 points, disqualification and or a fine. If the offence is more serious than others it will attract more points or a large fine than those deemed less serious.

 

Should the consequence of the above mentioned offences result in death the defendant will be charged on the basis of:

Death by dangerous driving.

  • Is triable by indictment only.
  • A mandatory 2 year disqualification with re-test; and or
  • Custodial sentence ranging between 2 to 14 years. * 14 years being the maximum sentence imposed.

 

One of our most recent notable case was R v R (2012) heard at Cardiff Crown Court. The Defendant was acquitted of causing death by dangerous driving.

Death by careless driving.

  • Is triable either way meaning on summary or on indictment.
  • If tried on summary (by magistrates) the maximum custodial sentence imposed is 6 months with the possibility of level 5 fine and or a community order.
  • If tried on indictment the maximum custodial sentence imposable is 5 years or the possibility of a community order.

Death by careless driving whilst under the influence of alcohol or drugs.

  • Is triable by indictment only
  • A mandatory 2 year disqualification with re-test
  • Custodial sentence ranging between 6 months to 14 years. * 14 years being the maximum sentence imposed

 

There are many other offences in which a person may be found guilty of causing death whilst driving. We are able to provide expert assistant and representation for all driving offences.

Taxi Licensing Offences

The law regulating hackney carriage and private hire vehicles, drivers and operators is underpinned by a number of specified offences that are supported by a system of criminal sanctions and penalties.

Many of these fall to the local licensing authority to enforce, although the police can take action in some instances.  Here at Crowley & Co we have over 30 years’ experience of dealing with all manner of offences relating to taxi drivers and related licensing offences.

As experts in defending taxi drivers charged with committing taxi offences, such as taxi touting offences, Crowley & Co will endeavour to obtain the best possible outcome for you and your family. We fully understand the implications of losing your licence and livelihood and we will do everything within our power to ensure that this does not happen.

aggressive and angry man at wheel of car

Driving whilst using a mobile device

It is an offence to use a hand-held mobile device whilst driving. This remains a controversial subject for many road users. Since 2003 the UK has implemented points and fines if caught using a device. However this has recently doubled; the current penalty has risen to an endorsement of six points to a licence and a fine of £200.

Speeding

Breaking any specified speed limit (temporary or not) is an offence. Speeding offences can be categorised as minor or serious speeding offence. Serious speeding offences are often referred to as driving in excess (which is driving 20 mph (or more) over the prescribed limit).

Minor speeding offences usual attract a penalty of 3 points, a fine or driving awareness courses. Driving awareness course are usually given to those who have the least serious speeding offences or if it is their first speeding offence. Whereas serious offence attract 3-6 points on a person’s licence; with fines varying but not exceeding £1,000 for urban/country road. Or a fine not exceeding £2,500 for motorway offences. In some circumstances, a court may order disqualification from driving. This is usually ordered when the defendant is found of speeding in excess of 30 mph, over the specified limit.

A magistrate court will also endorse disqualification when a motorist already has 12 points on their licence or when the current offence will result in a driver exceeding 12 points on their licence if points are endorsed as punishment for the offence currently being heard.

Receiving legal advice not only provides peace of mind that your matter is getting taken care of the best possible way. It can also be the difference between keeping your licence or losing it. We understand how the loss of a licence can impact modern day life and a person livelihood. We will always try our best where possible to avoid disqualification.

If you are arrested for a driving offence we offer expert legal assistance at police stations throughout the south Wales area 24 hours a day 7 days a week, along with court attendance and proceedings.

police van

Contact Crowley & Company Today

Call the office today to make an enquiry 029 2045 8895 within offices hours or 07974 919 292 for out of hours emergency assistance or email your enquiry to [email protected]

You may require advice on driving matters without legal representation at a magistrate’s court. We offer one off, one hour appointments for £120.00 (inclusive of VAT) in which we are able to provide advice on the offence you are charged with.

Other driving offences we are are able to assist with (but not limited to) are:

  1. Driving whilst disqualified.
  2. Driving without Insurance, MOT and Tax.
  3. Failure to provide a specimen.
  4. Failure to comply.
  5. Failure to stop at accident.
  6. In charge of a motor vehicle whilst under the influence.