I have nine relevant points on my driving licence within 3 years and am now facing a new speeding case, will I be disqualified under the totting up process.

The law states that if you accumulate 12 or more points within 3 years, you could be disqualified under the totting up process for a minimum period of 6 months. This is because speeding carried a minimum 3 points and would take you to 12 points. However, a disqualification can be avoided in certain circumstances, where you can show that the loss of your licence would cause you, or others, exceptional hardship.

I have been stopped by the police for using my mobile phone whilst driving, will I receive penalty points.

The offence of using a mobile phone whilst driving carries a discretion to disqualify you from driving for the offence or the imposition of 6 penalty points. This may have implications for your insurance premiums and, should you already have 6 points on your licence, make you a totter when any new points are added to your licence. It is fair to say that this offence is not always clear cut and there are available defences depending on the facts of your case.

I have been charged with driving with excess alcohol and must attend court. Will I be disqualified from driving if I plead guilty.

This offence carries a mandatory disqualification from driving. The starting point is for 12 months but can be more depending on the nature of the driving, other aggravating factors and reading levels. Should you have a relevant similar conviction within 10 years, the starting point is a 3-year disqualification from driving.

Road traffic offences

Being accused of a road traffic offence can be a stressful and uncertain experience. Whether you have received a section 172 notice, or more commonly called, a Notice of Intended Prosecution (NIP), been asked to attend a police interview, or have been summoned to court, obtaining specialist legal advice at an early stage can help you understand your position and protect your rights.

B P Collins has a high success rate when it comes to defending motoring offences. Our success is long-standing (our team has over 60 years of experience) and built on our strong desire to protect the interests of our clients.

What does a road traffic offence solicitor do?

The road traffic offence solicitors at B P Collins provide expert advice, representation and support to individuals and businesses, facing a wide range of motoring allegations, from speeding and mobile phone offences to drink driving, drug driving, careless driving and more serious allegations involving dangerous driving or road traffic collisions.

From the outset, our solicitors take a proactive defence approach – they will review the evidence, explain the potential consequences of the allegation and identify any available defences or mitigating factors. They can assist with responding to police enquiries, preparing representations, attending interviews under caution and advising on the most appropriate course of action based on the facts of the case.

Where court proceedings are necessary, our road traffic offence solicitors will prepare your case thoroughly, gather supporting evidence, liaise with expert witnesses where required and arrange representation at hearings. They can also present arguments to help reduce penalties, challenge the prosecution’s case or seek to avoid disqualification where exceptional hardship or other relevant factors apply.

For many clients, the impact of a conviction extends beyond penalty points or fines. A driving ban can affect employment, business responsibilities and family commitments. Our experienced solicitors understand these wider implications and work proactively to advance and protect your interests from the very first meeting with you. This way, your defence will always be out in front of you, and you’ll be able to put your best foot forward.

Start a confidential conversation with our experts.

Related articles

Have you received a notice of intended prosecution (NIP)? Here is what happens next

Driving offence solicitors can help with the following situations:

Careless driving	Construction and use offences such as exceeding permitted axle weight	Dangerous driving	Drink driving (See sentencing guidelines)	Driving whilst on a mobile phone
Drug driving	Failing to provide information about the identity of the driver	Failure to report a road traffic accident	Failure to stop	Fatal road traffic investigations
Lack of insurance	Roadworthiness or driver hours	Speeding (See sentencing guidelines)

You will find answers to common questions around Road Traffic Offences in the FAQs at the bottom of this page.

Sentencing Guidelines

Do I need a solicitor for a driving offence?

You may not need a solicitor for a driving offence if, for example, you have received a fine for speeding that you do not wish to appeal. However, if you have to go to the police station or to court for a driving offence, or if the penalty for the driving offence results in a driving ban, then you may need a solicitor.

Why choose B P Collins as your road traffic offence solicitors?

We understand that facing a road traffic offence and investigation can be extremely stressful, and as a team, we never lose sight of this impact. Our solicitors emphasis a proactive defence, continuity of representation, and clear communication throughout what can often be a overwhelming and complex process. Whether you are concerned about penalty points, a potential driving disqualification or the long-term impact of a conviction, a road traffic offence solicitor can provide clear advice, robust representation and practical support at every stage of your case.

With over 60 years of experience in criminal law, we’re consistently ranked by Chambers UK and The Legal 500 for the strength of our strategic advice and effective representation for individuals and businesses facing allegations, investigations and prosecutions.

Jonothan Moss and Rubin Italia have both been accredited individually by The Law Society for their expertise in Criminal Litigation. Rubin has also been a Higher Courts Advocate since 2007 and is qualified to represent clients throughout the criminal courts. This advocacy experience is particularly valuable in disputes involving allegations of wrongdoing, regulatory issues or potential reputational consequences.

Price and service transparency (Click here)
The information provided is on the presumption that you have entered a guilty plea and have a date for your hearing. The final amount of time in order to reach the end of the initial hearing in the Magistrates Court will also be impacted on the efficiency of the Crown Prosecution Service, the listing pattern of the Court, and waiting time at Court, as these are all factors outside our control.

View our price and service transparency here.

Contact our road traffic offence solicitors today

From our offices based in London, Thame and Gerrards Cross, our road traffic lawyers can work directly with you wherever needed. Contact us now in confidence on 01753 889995 or enquiries@bpcollins.co.uk.