Have you been accused of committing a driving or motoring offence in Northern Ireland? Get the expert legal support of our experienced motoring offence solicitors to guide your case towards the best possible outcome.
Committing a Motoring Offence in Northern Ireland
The number of motoring offences committed in Northern Ireland has halved since 2011. Although it is now rarer than ever to be prosecuted for a driving offence, some cases are still referred for prosecution.
If you’re being prosecuted for a driving offence in Northern Ireland, this is likely to be under one of the following:
- Road Traffic (NI) Order of 1981
- Road Traffic (NI) Order of 1995
- Road Traffic (NI) Order of 1996
- Road Traffic (NI) Order 1997
Between them, these pieces of legislation cover all aspects of driving, including speeding, parking, contravention of traffic signs, careless, inconsiderate and dangerous driving, and causing death or grievous bodily injury by driving.
With the prospect of penalty points on your driving licence, driving disqualifications and even imprisonment in the most serious cases, being charged with any motoring offence can have devastating consequences, especially if your job or family life is dependent on being able to drive. For that reason, it’s important to get the expert legal advice of our specialist solicitors at the earliest opportunity if you’re charged with a motoring offence in Northern Ireland.
Types of Motoring & Driving Offences
Our specialist driving offence solicitors have vast experience representing drivers accused of motoring offences in Northern Ireland. This includes defending people charged with a variety of common driving offences including:
Speeding
Driving above the speed limit can result in penalty points or even disqualification from driving. Prosecutions leading to disqualification will usually be due to prior convictions or driving significantly above the speed limit. In many cases we are able to present the facts of your case to the court to allow you to remain on the road.
Careless or dangerous driving
Driving that falls below the acceptable standard expected of all motorists can be categorised as either careless driving or dangerous driving. Depending on how far below that standard it falls, it may lead to penalty points, disqualification or imprisonment.
Drink driving or drug driving
Driving — or attempting to drive — while unfit due to drink or drugs can lead to prosecution. Drink driving and drug driving convictions in Northern Ireland could lead to a driving ban of at least 12 months, a fine of up to £5,000 or even a prison sentence.
Failing to provide a specimen
Failing to provide a breath, blood or urine specimen is dealt with almost exactly the same as drink driving in Northern Ireland. That means not providing a roadside breath test or another specimen when you’re suspected of drink driving will also result in a minimum disqualification of 12 months under.
Driving without insurance
Driving without car insurance or permitting someone else to drive your car without insurance is punishable by penalty points or disqualification. You must be able to prove that you were insured to drive a vehicle at the time you were driving it.
Failing to stop for the police
Failing to stop when asked to by police and failing to stop, remain or report an accident in which someone else is injured or someone else’s property is damaged are all offences. This can lead to a fine, disqualification or up to six months’ imprisonment.
Failing to provide driver details
Failing to provide information on who was driving your car when a driving offence was committed is itself a motoring offence. You could potentially receive a fine, penalty points or disqualification if you don’t respond to a Notice of Intended Prosecution by confirming the driver’s details.
Driving while using a mobile phone
Using your mobile phone while driving in Northern Ireland leads to an automatic fine of £200 and six penalty points. If your case goes to court, you could face a fine of up to £1,000 and disqualification.
Vehicle defects
It is a legal requirement to make sure your car is in a safe condition. Driving a vehicle in a dangerous condition, including with defective brakes, tyres or steering, can be punishable by penalty points.
Restoration of Driver Licence
If your Driving Licence has been revoked on medical grounds we can assist in applying to the Court to have your Licence reinstated. We can offer expert advice and court representation to have your Licence reinstated.
Impacts of Motoring & Driving Offences
Being charged with motoring offences can have a significant impact on your life. In the most serious cases, driving offences can result in imprisonment. Even in cases that don’t lead to prison, a criminal record or a driving disqualification can have major consequences for your employment prospects and quality of life.
A handful of relatively minor offences can result in a driving disqualification under the totting up of penalty points. Given these high stakes, our specialist motoring offence solicitors will help you to mitigate and minimise the upheaval in your life.
How Our Motoring Offence Solicitors Can Help You
If you’ve been charged with driving or motoring offences in Northern Ireland, our specialist motoring offence solicitors are always ready to provide urgent legal advice. Whether you intend to enter a guilty plea or contest the charges against you, we will help you to achieve the best possible outcome from your case.
To do that, we draw on our considerable experience of representing clients involved in driving offence cases, including:
- Police station and court representation – Providing you with a robust and effective defence at interview and in court.
- Forensic case assessments – Overseeing reviews of forensic evidence and expert witness testimonies to strengthen your case.
- Evidence gathering – Compiling photos, video footage, witness accounts and other evidence that will support your defence.
- Police station and court representation – Providing you with a robust and effective defence at interview and in court.
- Forensic case assessments – Overseeing reviews of forensic evidence and expert witness testimonies to strengthen your case.
- Evidence gathering – Compiling photos, video footage, witness accounts and other evidence that will support your defence.
Garret McCann – Expert Motoring Offence Solicitor
- Garret qualified as a Solicitor in 2010 after graduating from Queens University Belfast in Law.
- Garret also has gained significant experience in the area of Personal Injury Law and has secured millions in damages for clients.
- For expert legal advice call Garret on 028 9446 1509
FAQs
Do you need a solicitor for a driving offence?
Yes, it is always a good idea to get a solicitor for a driving offence. While you are not required to have legal representation in court, representing yourself might ultimately damage your case. For example, not fully understanding how the court operates in a complex legal case could slow your hearing down, which can be frustrating for a judge.
Equally, having a trained legal expert working on your case will help to ensure that no important aspects of your case are overlooked. This could include legal technicalities that strengthen your defence.
Do all drunk driving cases go to court?
Yes, all cases of drunk driving in Northern Ireland go to court. If you are charged with driving while unfit through drink or drugs under Article 15 of the Road Traffic (NI) Order 1995, your case will go to court and you will be required to appear in court to face the charge.
What are the penalties for drink driving in Northern Ireland?
The penalties for drink driving in Northern Ireland are a driving ban of at least 12 months, a fine of up to £5,000 and up to six months' imprisonment. If you’re convicted of drink driving twice within 10 years, you could be banned from driving for up to three years.
The penalties imposed by a court will depend on the circumstances of your drunk driving arrest, your previous record and any mitigating factors. Our motoring offence solicitors can help you to build a strong defence to minimise the drink driving penalties you are given.
What happens if I refuse to take a breathalyser test?
If you refuse to take a breathalyser test in Northern Ireland you will be treated almost identically to how you would be if you failed the breathalyser test. The penalties under Article 96 of the 1995 Road Traffic (NI) Order are the same as they would be if you were over the legal limit. That means you would get a minimum driving ban of 12 months.
What is the exceptional hardship argument for totting up driving offences?
An exceptional hardship argument can be made to show there are grounds to reduce or avoid the minimum driving disqualification caused by a driver accumulating 12 penalty points. This argument must prove that the normal consequences of the conviction — a driving ban — would cause exceptional hardship to the driver or their family.
Almost every driving disqualification is expected to cause hardship, so this mitigation only applies to exceptional cases. For example, loss of employment alone is not considered to be an exceptional hardship. Please contact our office to discuss the best defence for your case.
Contact Our Motoring Offence Solicitors Today
If you’ve been charged with a motoring or driving offence in Northern Ireland, and need urgent legal advice, contact us for a free, friendly, no-obligation consultation.
We look forward to hearing from you.
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