When you are faced with a Notice of Intended Prosecution or a court summons for a motoring offence, it is natural to seek advice. The problem is that the "common knowledge" shared by friends, family, and online forums is often a dangerous collection of myths and misconceptions. Following this well-intentioned but incorrect advice can lead to a driver pleading guilty when they have a defence, or making a mistake that results in a far harsher penalty than necessary.
Your driving licence is far too valuable to risk on the basis of a myth. A successful defence is built on the hard reality of road traffic law, a reality that is often counter-intuitive. This guide, from the expert motoring offence solicitors at Motoring Defence, is here to debunk the most common and dangerous myths to help you make an informed, strategic decision.
Myth 1: "It's only 3 points. It's cheaper and easier to just accept it."
The Reality: This is the most common myth, and it ignores the significant, long-term financial consequences. While paying a fixed penalty might seem like the simplest option, it is rarely the cheapest in the long run. A conviction and points on your licence will almost certainly lead to a substantial increase in your insurance premiums for up to five years. This "conviction tax" can easily add up to thousands of pounds, far outweighing the cost of a legal defence that could have kept your licence clean. Furthermore, if you already have existing points, those "only 3 points" could be the ones that trigger a "totting up" ban and the loss of your livelihood. No points are ever "only" points.
Myth 2: "There's no point fighting it. The camera is always right."
The Reality: Police evidence, whether from a speed camera, a laser gun, or a breathalyser, is only as reliable as the procedures used to gather it. Road traffic law is incredibly technical, and it places a very high burden of proof on the prosecution. Specialist motoring offence solicitors know that this evidence is far from infallible. A successful defence can be built on a range of technical and procedural flaws, including:
- Failure to serve the initial notice within the strict 14-day time limit.
- An out-of-date calibration certificate for the speed detection device.
- Incorrect or obscured road signage for the speed limit in question.
- A failure by the police to follow the rigid procedural script for taking an evidential breath sample.
The evidence is a starting point for an investigation, not the end of the story.
Myth 3: "I can just explain what happened to the magistrates myself."
The Reality: The Magistrates' Court is a formal and intimidating legal environment. The magistrates and the prosecutor speak the language of the law, and they expect arguments to be framed in legal terms. An unrepresented driver, no matter how honest or articulate, is at a significant disadvantage. It is easy to become flustered, to say something that inadvertently harms your case, or to fail to make the crucial legal points that could lead to a better outcome. The best motoring offence solicitors are trained advocates. Their role is to be your professional spokesperson, presenting your case with the calm authority, legal precision, and persuasive skill that the court respects.
Myth 4: "Any high-street solicitor can handle a simple motoring case."
The Reality: This dangerously underestimates the complexity of the field. A general practice solicitor who handles a wide variety of legal work will simply not have the deep, niche knowledge required for a robust motoring defence. They are unlikely to know the technical specifications of a laser speed gun, the latest case law on "exceptional hardship," or the precise procedural steps of the MGDDA breathalyser document. This is a highly specialised area of law where dedicated focus makes a world of difference. The most successful motoring offence solicitors are those for whom this is their entire world.
Choosing Reality Over Myth: The Motoring Defence Approach
At Motoring Defence, our entire practice is dedicated to providing a defence based on the hard reality of the law, not on dangerous misconceptions. As specialist motoring offence solicitors, we have the deep, niche expertise to scrutinise the evidence, challenge the prosecution's case on technical and procedural grounds, and provide the powerful courtroom advocacy you need.
Don't Gamble With Your Licence
Your driving licence, your finances, and your livelihood are too important to be gambled on hearsay and myths. A successful defence is built on a foundation of expert legal knowledge and strategic action.
Before you make any decisions, get the facts from a true specialist. Contact Motoring Defence for a consultation.