8 Successful Motoring Defence Cases 

The specialist Road Traffic Solicitors team at Richard Nelson LLP consistently achieves outstanding results. We defend clients across the UK facing serious road traffic offences, including high-profile cases, complex drink-driving charges, and imminent totting-up bans. 

Our success stems from challenging police procedures, applying legal technicalities, and presenting robust, exceptional hardship arguments, as detailed in the recent achievements below.

Successful defence against drink & drug driving charges

The most successful outcome is having the charge against you dropped entirely. Our approach focuses on dissecting the prosecution’s evidence, identifying procedural failures, and leveraging technical legal defences.

Case #1: 

Instructed by a university lecturer who was accused of failing to provide a specimen of breath. 

We obtained medical evidence from an expert detailing the defendant’s various health issues. We also examined the prosecution’s evidence, including recorded footage of how the defendant was treated in custody. We raised legal arguments as to failures in the police procedure and the statutory defence available in these circumstances. 

The Crown offered no evidence at trial, and the defendant was acquitted. 

Case #2: 

Instructed by a driver charged with drink driving following a road traffic collision. 

Upon reviewing the prosecution evidence, it became apparent that the police procedure had not been followed appropriately for samples obtained from a person in the hospital. Representations were made to the Prosecution about the procedure and about evidence that had not been served. 

The Crown offered no evidence at trial, and the defendant was acquitted. 

Case #3: 

Instructed by a university student charged with being drunk in charge, whose alcohol breath reading was nearly 4 times over the legal limit.

The defendant pleaded guilty to the charge, and our team member Eve Patterson then successfully mitigated for the court to impose 10 penalty points on her licence rather than a disqualification. 

Exceptional hardship arguments & totting-up defence

Under the UK’s “totting-up” system, accumulating 12 or more penalty points within a three-year period results in a mandatory minimum 6-month driving disqualification. The only way to avoid this is to prove to the court that a ban would cause Exceptional Hardship. We have a proven track record of success in these high-stakes hearings.

Case #1: 

Instructed by a self-employed driver who had accrued several road traffic offences, leading to a totting hearing. 

We prepared a comprehensive Exceptional Hardship application, gathering detailed financial and employment evidence to support our claim. We successfully argued that the loss of his licence would lead to the loss of his employment and have a catastrophic, exceptional impact on his family and dependents.

Successfully argued exceptional hardship due to the loss of employment and the impact this would have on his family. 

We have also successfully argued exceptional hardship for a retired lady who had accrued 12 points for speeding offences, which was based on various caring responsibilities for her family, including an elderly relative. 

Another case we have done is instructed by a university lecturer who was facing a totting disqualification. Our team has successfully argued that exceptional hardship exists due to the need to care for a dependent who relies on them for transportation and day-to-day care. 

Defence for driving without insurance & other road traffic offences

Case #1: 

Instructed by a legal guardian on behalf of a driver with a brain injury. Whilst legally entitled to drive, an error had led to them driving with a lapsed insurance policy. 

We were initially instructed to deal with this matter as a special reasons case, but successfully argued for the Crown to withdraw the charge in its entirety on the grounds of public interest. 

Case #2: 

Instructed by a professional footballer accused of driving without insurance following a road traffic stop for speeding. 

We successfully argued that a 3rd party insurance policy covered the vehicle, and the charge was withdrawn. The speeding offence was dealt with by way of 3 points and a fine. 

How can we help

If you’re facing a motoring offence, from driving without insurance and speeding to serious charges like drink-driving and totting-up, it’s vital to seek expert legal advice early. Contact us today to protect your position before charges are brought.