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Best Road Traffic/Motoring Defence & Totting Up Legal Advice UK

There are millions of us on the roads in the UK, and unfortunately, many people fall foul of the law, whether it be due to a lesser offence such as speeding, or a more serious one such as causing death by dangerous driving.

Punishments can include prison sentences, fines, and penalty points on your driving licence, including something often referred to as ‘totting up’.

1: What are the criminal offences that can take place on the roads?

The law says that there are a variety of different criminal offences which can take place on the roads in the UK. These vary both in their severity and their nature, and if you are accused of an offence, you should always seek expert legal advice.

What follows are some examples of the more common offences, together with their penalties under the law.

At the most serious end of the scale is the criminal offence of ‘causing death by dangerous driving’. This is extremely serious, and depending upon the case, those convicted can go to prison for a maximum of 14 years; a clear indication of how serious the law says this offence is.

If you are found to be driving a vehicle that does not have a valid MOT, you can be fined £1000, and for not wearing a seatbelt, you can be fined £500. For speeding offences, the law says that you can be fined £1000, or £2500 for offences that take place on the motorway, as this is often considered more serious. You can also be given between 3-6 points on your driving licence, or 3 points if it is given as a fixed penalty.

These are a few examples of offences that can occur on the roads, and the examples are not exhaustive.

2: What is totting up?

Totting up is defined as the accumulation of 12 or more driving penalty points, which are usually speeding points, over a three year period.

If a driver reaches 12 points in a three year period, he or she will automatically be given a driving ban of six months.

However, magistrates can consider mitigating circumstances, such as needing a vehicle to work, or other people such as family members relying upon you having a car.

This can be legally complex however, and in any event, you should always seek expert legal advice.

Points are valid on your licence for three years from the date of conviction, but it is necessary to wait until the 4th anniversary before they can be completely removed.

3: What should I do next?

If you are arrested for an alleged offence, charged with one, or issued with a fixed penalty or otherwise, it is always imperative to seek expert legal advice from a solicitor specialising in criminal offences relating to road traffic law.

Such Solicitors who specialise in road traffic law in the UK include the following:-

Keep Me On the Road (Rothera Sharp Solicitors) – Midlands – “We act for motorists, LGV & PCV drivers and operators, taxi drivers, motorcyclists, cyclists… basically all road users in respect of road related legal problems.”

Nationwide Road Traffic Lawyers – Scotland – “Our senior partner, Mr Euan Cameron. is a former Procurator Fiscal Depute who has not only successfully defended by also prosecuted hundreds of road traffic cases during the course of his career.”

The Robert Kerr Partnership – Paisley & Greenock, Scotland – “With over 100 years combined experience, Robert Kerr Partnership is one of the most accomplished criminal law practices in Scotland.” Their road traffic defence legal information section is available here.

Keith J Tuck Solicitors – Glasgow – “Keith Tuck Solicitors are highly experienced in road traffic defence and have the expertise needed to give you the best possible outcome. We offer our services to both privately funded and Legal Aid clients.”

Stephen Lickrish Solicitors – Manchester – “When you are worried about losing your licence, and the impact that could have on your life, there is no such thing as a minor offence. ”

McGovern Court Lawyers – Wishaw, Lanarkshire, Glasgow, Edinburgh

Richard Silver – London – “With over 15 years’ experience, we understand what is at stake if you lose your licence.”

Lewis Nedas – Camden, London – “We have 30 years experience in defending drivers and have helped countless people retain their licenses.”

Road Traffic Law – Scotland – “In December 2001 Graham Walker Solicitor established the first firm in Scotland to dedicate itself to the specialisation of road traffic law”

Precedence Law – Leeds, Yorkshire – “We represent professionals, regulated professionals, executives, directors, business owners, high profile and high net worth individuals from Leeds, Bradford, Yorkshire, London, Manchester, Birmingham and all jurisdictions in England and Wales.”

Freeman & Co – Manchester and Across England & Wales – “Freeman & Co Solicitors is one of the UK’s best known criminal law practices, headed by its founder, Nick Freeman.”

There are, of course, many more road traffic legal specialists across the UK – if there are any we haven’t listed above that should be considered please let us know.

If you have further questions or need legal advice, please do not hesitate to contact the site’s editor, Gavin Ward, either via the contact form, or by email.

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WardBlawg

Legal Blogger at WardBlawg
+Gavin Ward is the founder of WardBlawg, Director of YouBlawg Limited and Operations Director at Moore Legal Technology Limited, specialising in helping law firms, lawyers and businesses grow their businesses online and aiming to help get great legal content published and shared across the web. Gavin created this law blog or ‘blawg’ to aim to contribute useful updates, thoughts and advice to help law firms, businesses and the legal profession in the UK and across the world succeed both online and offline.
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