FAQs
I have received a court summons for a driving offence, what do I do?
For a free telephone consultation, call 01905 691807. You will be able to speak to an expert driving offence lawyer.
Why choose Driving Justice?
William Smout, Director of Driving Justice has been an expert criminal barrister for twenty years and has practiced in top tier chambers such as 9BR Chambers and St Philips Chambers. He has a wealth of experience in driving offences and criminal law. You can speak to him directly for guidance. Please call 01905 691807 today.
Where are you based?
William is based in Worcester but frequently travels the country and can represent you in any court in England or Wales for driving offences. Conferences can also be arranged at your home address if convenient.
Will I be disqualified from driving?
Whether you are disqualified from driving depends on a number of factors including whether you plead guilty, what the driving offence is, your previous driving record and whether there is a ‘special reason’ for not disqualifying you. If you have reached 12 points on your licence, you may also be able to argue ‘exceptional hardship’ and that you should not receive a driving ban. Please call 01905 691807 for further advice.
Will I go to prison for a driving offence?
Whether or not the sentence is ultimately a custodial sentence will depend on the seriousness of the offence and the available mitigation. The seriousness of an offence is assessed with reference to harm and culpability, often with the use of sentencing guidelines. If the offence is of a serious nature, such as causing serious injury by dangerous driving, even in the lowest category of seriousness, the starting point is one year in prison. However, a sentence of two years of less can be suspended which means that there would not be an immediate prison sentence, subject to the satisfactory completion of probation appointments and unpaid work for example and that there are no further offences committed within the operation of the suspended sentence. Please contact Driving Justice on 01905 691807 for further advice.
What happens if I’m facing a driving disqualification in Worcester or nearby areas?
If you're at risk of a driving disqualification in Worcester, Cheltenham, Hereford, or surrounding areas, your case will likely be heard at the local magistrates’ court. Penalties can vary depending on the circumstances, but you may be able to avoid a ban with expert legal representation.
What is ‘totting up’ and can I avoid a driving ban in Gloucester, Redditch or Kidderminster?
‘Totting up’ occurs when you accumulate 12 or more penalty points within three years. This can lead to a driving disqualification of at least six months. At courts like Gloucester, Redditch, or Kidderminster Magistrates', we often argue ‘exceptional hardship’ to help clients retain their licence.
I’ve been charged with drug driving in Malvern or Ledbury – what should I do?
Drug driving is a serious offence that can lead to a ban and even imprisonment. If you were charged in Malvern, Ledbury, or nearby, it's vital to challenge the police’s evidence and ensure procedures were followed correctly. Our solicitors specialise in defending drug driving cases in local courts.
What are the penalties for drink driving in Hereford, Evesham or Cheltenham?
Drink driving offences in areas such as Hereford, Evesham, or Cheltenham can result in a fine, a ban, or even a prison sentence. We can assess the circumstances and advise on possible defences, including procedural errors or unreliable breath test results.
I’ve been summoned for driving without due care and attention – what does this mean in Droitwich or Stratford?
Driving without due care and attention (also called careless driving) includes actions such as failing to check mirrors or being distracted. If you're attending a magistrates' court hearing in Droitwich, Stratford, or nearby, our solicitors can help you prepare a solid defence or seek to reduce penalties.
What is dangerous driving and how is it treated in Worcester and surrounding courts?
Dangerous driving includes seriously risky behaviour like racing or ignoring traffic lights. The driving must fall far below that of a careful and competent driver. In Worcester, Kidderminster, and across the region, these cases often result in a driving disqualification and can lead to a prison sentence. We offer robust legal defence for clients facing these serious charges.
What should I do if I failed to identify the driver of a vehicle in Redditch, Gloucester, or Malvern?
Failure to identify the driver when requested (under Section 172) can lead to 6 points and a fine. If you’re dealing with this in Redditch, Gloucester, or Malvern, legal advice can make a significant difference—especially if you had a genuine reason for not responding in time.