Motoring Offences: Your Top 10 Questions Answered
Motoring offences can carry consequences far beyond a fine. From drink driving charges to penalty points, speeding notices to driving without insurance, the questions drivers face are often urgent - and the answers matter.
We spoke to Neil Corre, specialist motoring barrister at DBN and author of A Step-by-Step Guide to Motoring Law, to provide clear, expert answers to the questions he hears most.
1. Will my employer find out if I'm caught drink driving?
In many cases, yes. Drink driving is a criminal offence, meaning it forms part of your criminal record. It will also appear on your driving licence and may show up on a DBS (Disclosure and Barring Service) check for up to 11 years.
If you work in a regulated profession - such as healthcare, law, or roles involving vulnerable people - your employer or governing body may be notified. Many regulators require their members to self-report any criminal charge.
Many employment contracts also require disclosure of convictions, and failing to do so could result in disciplinary action or dismissal.
✦ Key takeaway: A drink driving conviction can affect both your career and your licence.
2. I've moved house - who do I need to notify?
This is a common but serious oversight. When you change address, you must:
Update your driving licence with the DVLA
Update your V5C logbook (vehicle registration document)
If you fail to update your V5C, important notices - such as speeding fines - may be sent to your old address. Missing these can lead to prosecution for failing to provide driver details, which carries 6 penalty points.
✦ Key takeaway: Keeping your details up to date can prevent unnecessary penalties.
3. What happens if I'm caught driving without insurance?
Driving without insurance is a serious offence in the UK. The offence extends to using a motor vehicle without insurance even if you are not the one driving at the time. You can expect:
A minimum of 6 penalty points
Up to 8 points or a driving ban in more serious cases
Possible vehicle seizure
✦ Key takeaway: Even a short lapse in insurance can have long-term consequences.
4. The driver isn't visible in a speeding photo - can I deny it?
No. Speed cameras capture the vehicle, not necessarily the driver. As the registered keeper, you are legally required to identify who was driving at the time. You'll usually receive a Notice of Intended Prosecution (NIP) within 14 days, followed by a formal request to identify the driver.
Failing to respond or refusing to provide details can result in harsher penalties than the original speeding offence itself, including a minimum of six penalty points.
✦ Key takeaway: Ignoring a speeding notice often makes things significantly worse.
5. Can I get free legal representation for speeding or drink driving?
Legal aid is limited in motoring cases:
Speeding offences are not eligible for legal aid
Drink driving cases may qualify only if there is a real risk of imprisonment
In most situations, you will need to instruct a specialist motoring barrister.
✦ Key takeaway: Most motoring cases require private legal representation.
6. How much does a motoring offence barrister cost?
Costs depend on the complexity of your case and the barrister's experience. As a general guide, fees typically start from around £1,500 + VAT. This usually includes:
Case preparation
Legal advice
Court representation
✦ Key takeaway: Early legal advice can often reduce overall costs and improve outcomes.
7. What should I do if I'm involved in a road traffic accident?
If you're involved in an accident:
Stay calm and ensure everyone is safe
Exchange names, contact details, and insurance information
Take photos of the scene and any damage
Collect witness details if possible
Contact the police if someone is injured, damage is caused to another vehicle or property, the other party is uncooperative, or they appear to be under the influence.
✦ Key takeaway: Proper steps at the scene can protect you legally later.
8. Can you go to prison for drink driving?
Yes, in certain circumstances. Penalties can include:
A minimum 12-month driving ban
Up to 6 months' imprisonment
An unlimited fine
More serious cases - such as repeat offences or dangerous driving - can result in longer bans or custodial sentences.
✦ Key takeaway: Drink driving penalties can extend far beyond a driving ban.
9. What is 'totting up' and how does it work?
Totting up refers to accumulating 12 or more penalty points within a three-year period. If you reach this threshold, you may face disqualification from driving. Common offences that contribute include:
Speeding
Using a motor vehicle without insurance
Using a mobile phone while driving
✦ Key takeaway: Points add up quickly - multiple minor offences can lead to a ban.
10. How long is a drink driving ban?
The minimum disqualification period is 12 months. However:
Higher alcohol readings can result in longer bans
A second offence within 10 years leads to a minimum three-year ban
✦ Key takeaway: Repeat offences carry significantly harsher penalties.
Need Advice on a Motoring Offence?
Whether you're facing a drink driving charge, a speeding offence, or the risk of disqualification through totting up, getting expert legal advice early can make a significant difference to your outcome.
Find out more or contact the clerking team at Direct Barrister Network today for clear, practical guidance tailored to your situation.