Driving Offences Guide
Driving Offences: Penalties, Bans & Your Defence
A plain English guide to driving offences in England and Wales — drink driving, drug driving, speeding, totting up, dangerous driving, and how a solicitor can help protect your licence.
Drink Driving
Drink driving is one of the most serious road traffic offences. A conviction carries a mandatory minimum 12-month disqualification — the court has no discretion to avoid it, regardless of the circumstances. The ban is longer for higher readings, repeat offences, or aggravating factors such as an accident or a child in the vehicle.
The legal limit in England and Wales is 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams per 100 millilitres of blood). Scotland has a lower limit of 22 micrograms per 100 millilitres of breath.
Completing the drink drive rehabilitation course can reduce the ban by up to 25%. A solicitor can present mitigating factors to the court to argue for the minimum possible ban and advise on whether any defences are available.
Speeding
Speeding is the most common driving offence. Minor speeding offences are dealt with by a fixed penalty notice (£100 fine and 3 penalty points) or a speed awareness course. More serious speeding — particularly at very high speeds or in areas with vulnerable road users — is dealt with by the court and can result in a ban.
The Sentencing Council guidelines for speeding set out three bands based on the speed above the limit. Band C (the most serious) can result in a disqualification of 7–56 days or 6 penalty points. A solicitor can advise on the likely outcome and whether any defences are available.
Totting Up
If you accumulate 12 or more penalty points within 3 years, you face a mandatory 6-month driving ban. This is known as totting up. The ban can be avoided if you can demonstrate exceptional hardship — that the consequences of losing your licence would be disproportionately severe.
Exceptional hardship arguments must be carefully prepared. The court will consider the impact on your employment, your family, and any dependants. Simply saying you need your licence for work is not enough — you must provide detailed evidence of the specific consequences. A solicitor can help you build the strongest possible exceptional hardship argument.
Frequently Asked Questions
What are the most common driving offences in England and Wales?
The most common driving offences are: speeding (the most frequently prosecuted); using a mobile phone while driving; drink driving; drug driving; careless driving; dangerous driving; driving without insurance; driving without a valid licence; and failing to identify the driver of a vehicle. Each carries different penalties ranging from fixed penalty notices to unlimited fines and imprisonment.
What is the difference between careless and dangerous driving?
Careless driving (driving without due care and attention) is the lower-level offence. It covers driving that falls below the standard of a competent and careful driver — for example, tailgating, cutting across lanes, or failing to notice a hazard. Dangerous driving is the more serious offence, covering driving that falls far below the standard of a competent driver and where it would be obvious to a competent driver that driving in that way would be dangerous. Dangerous driving carries a maximum sentence of 2 years' imprisonment (14 years if death results).
What happens if I get 12 or more penalty points (totting up)?
If you accumulate 12 or more penalty points within 3 years, you face a mandatory 6-month driving ban under the totting-up provisions. However, you can avoid the ban by arguing exceptional hardship — demonstrating that the consequences of losing your licence would be disproportionately severe, for example because you would lose your job or be unable to care for a dependent. Exceptional hardship arguments must be carefully prepared and presented to the court.
What are the penalties for drink driving?
A drink driving conviction carries a mandatory minimum 12-month disqualification, an unlimited fine, and up to 6 months' imprisonment. The ban is longer for higher readings, repeat offences, or aggravating factors. Completing the drink drive rehabilitation course can reduce the ban by up to 25%. The offence remains on your licence for 11 years.
What are the penalties for drug driving?
Drug driving carries the same penalties as drink driving: a minimum 12-month ban, an unlimited fine, and up to 6 months' imprisonment. There are specified limits for 16 controlled drugs (including cannabis, cocaine, and prescription drugs such as diazepam and morphine). Exceeding the limit is an offence regardless of whether your driving was impaired.
Can I keep my licence if I need it for work?
For most driving offences, the court has discretion over whether to disqualify. For drink driving and drug driving, disqualification is mandatory — the court cannot avoid it, regardless of the impact on your employment. However, for totting-up cases, exceptional hardship arguments can prevent a ban. For other offences, a solicitor can present mitigating factors to minimise the penalty.
What is a special reasons argument?
A special reasons argument is a legal argument that, even though you committed the offence, there are special circumstances that justify the court not imposing the usual penalty (such as disqualification). Examples include: a genuine emergency that required you to drive; spiked drinks (where you did not know you had consumed alcohol); or a very short distance driven. Special reasons must be proved on the balance of probabilities and must relate to the offence, not to the offender.
What is a Notice of Intended Prosecution (NIP)?
A Notice of Intended Prosecution (NIP) is a notice that must be served on the registered keeper of a vehicle within 14 days of a speeding or other road traffic offence. If the NIP is not served within 14 days, the prosecution may be time-barred. However, there are exceptions — for example, if the driver was warned at the time of the offence. A solicitor can advise on whether a late NIP provides a valid defence.
What happens if I fail to identify the driver of a vehicle?
Under section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle must provide information about who was driving when required to do so by the police. Failure to respond to a section 172 notice is a criminal offence carrying 6 penalty points and a fine. It is not a defence that you cannot remember who was driving — you must make reasonable enquiries.
Do I need a solicitor for a driving offence?
For minor offences (such as a single speeding offence with a fixed penalty), you may not need a solicitor. For more serious offences — drink driving, drug driving, dangerous driving, totting-up cases, or any offence that could result in a ban or imprisonment — legal representation is strongly advisable. A solicitor can identify defences, present mitigating factors, and make the difference between keeping and losing your licence.
Speak to a Driving Offences Solicitor
PDA Law's motoring law team defends clients facing all types of driving offences across England and Wales. Contact us as soon as possible — early advice can make a significant difference to the outcome.