Criminal and motoring barrister advice

Criminal allegations and driving offences can have serious consequences for your liberty, livelihood, reputation or ability to drive.

The barrister can help you understand the allegation, assess the evidence and possible outcomes, and identify the practical steps you should consider taking next.

Criminal and motoring matters we may be able to help with

Criminal allegations and proceedings

If you are accused of a criminal offence, early advice can help you understand the case against you and how you may respond.

Advice may cover:

  • the nature and elements of the alleged offence;

  • the evidence relied upon by the prosecution;

  • possible defences and evidential weaknesses;

  • whether further evidence or witness statements may be required;

  • the court procedure and what to expect at each stage;

  • the implications of a guilty or not-guilty plea;

  • bail and conditions of bail;

  • sentencing powers and applicable sentencing guidelines;

  • the likely consequences of a conviction; and

  • whether there may be grounds for an appeal.

Speeding offences

A speeding allegation may result in a fixed penalty, penalty points, a court summons or disqualification.

A barrister may advise on:

  • notices of intended prosecution;

  • the applicable speed limit;

  • requests for driver information;

  • failure to identify the driver;

  • the admissibility and reliability of speed-detection evidence;

  • possible factual or legal defences;

  • fixed-penalty and court procedures;

  • the likely number of penalty points;

  • the risk of disqualification; and

  • the likely sentence if convicted.

Careless and dangerous driving

The distinction between careless and dangerous driving can have a significant effect on the procedure, available sentence and risk of disqualification.

Advice may concern:

  • the legal test for careless or dangerous driving;

  • the prosecution evidence;

  • witness, video or expert evidence;

  • whether the alleged driving meets the required legal threshold;

  • possible defences;

  • causing injury or death by driving;

  • the likely sentence or period of disqualification; and

  • whether further specialist evidence may be required.

Drink and drug driving

Drink- and drug-driving allegations may involve technical evidence, statutory procedures and strict time limits.

Advice may cover:

  • the prosecution evidence and possible defences;

  • breath, blood or urine testing procedures;

  • the reliability or admissibility of test results;

  • prescribed medication and medical issues;

  • failure to provide a specimen;

  • being in charge of a vehicle while over the prescribed limit;

  • sentencing and mandatory disqualification; and

  • the possible consequences of conviction.

Insurance, licensing and other driving offences

Advice may also be available concerning:

  • driving without insurance;

  • permitting another person to drive without insurance;

  • driving otherwise than in accordance with a driving licence;

  • driving while disqualified;

  • failing to stop or report an accident;

  • using a mobile telephone while driving;

  • failing to comply with traffic signs or signals;

  • vehicle-documentation offences; and

  • disputes about whether the alleged offence has been established.

In this section, “licensing” refers only to driving-licence offences. Taxi, private-hire, premises and other licensing matters are addressed separately.

Penalty points and totting-up disqualification

Accumulating 12 or more penalty points within the relevant period will ordinarily place a driver at risk of disqualification under the “totting-up” provisions.

A barrister may advise on:

  • the number and effect of existing penalty points;

  • whether previous points fall within the relevant period;

  • the likely period of disqualification;

  • exceptional-hardship applications;

  • the evidence needed to support an exceptional-hardship argument;

  • the effect of disqualification on other people;

  • discretionary disqualification; and

  • the court procedure.

Special reasons

Special reasons may sometimes allow a court not to impose penalty points or disqualification despite a conviction.

Advice may cover:

  • whether the circumstances are capable of amounting to a special reason;

  • short-distance or emergency situations;

  • unknowingly driving without insurance;

  • drinks being added or consumed without the driver’s knowledge;

  • the evidence required;

  • witness statements and supporting documents; and

  • the procedure at a special-reasons hearing.

Bail, sentencing and appeals

Advice may be available before or after a court has made an important decision.

This may include:

  • applications for bail;

  • bail conditions;

  • the likely sentencing range;

  • aggravating and mitigating factors;

  • preparation for a sentencing hearing;

  • the effect of a guilty plea;

  • ancillary orders;

  • whether a conviction or sentence may be appealed;

  • the applicable appeal procedure; and

  • relevant time limits.

What advice can the barrister provide?

Depending on the questions accepted, the barrister may help you understand:

  • the allegation or charge;

  • the legal and procedural issues involved;

  • the strengths and weaknesses of the evidence;

  • the defences that may be available;

  • the likely sentence, penalty points or period of disqualification;

  • what further information or evidence may be required;

  • any important procedural requirements or time limits;

  • whether representation or further legal assistance may be appropriate; and

  • the practical steps you should consider taking next.

Barristerly is an independent booking and introduction service connecting clients with participating independent Public Access barristers. Barristerly is not a firm of solicitors or a barristers’ chambers and does not itself provide legal advice.