In 2026, the UK roads are the most surveilled in the world. The era of the "lucky escape" is over. With the nationwide rollout of "AI-enabled" speed cameras (which can detect phone use and seatbelt infractions from hundreds of meters away) and the expansion of the "Smart Motorway" network, motoring offences are being detected at an industrial scale.
For most drivers, a Notice of Intended Prosecution (NIP) is just a stressful letter. But for professional drivers—taxi drivers, couriers, and sales representatives—it is a threat to their livelihood. The "totting up" system means that a few minor errors can lead to a 6-month disqualification, financial ruin, and job loss.
In this automated enforcement environment, simply accepting the points is a dangerous strategy. You need motoring offence solicitors who understand how to challenge the technology, the procedure, and the sentencing. Here is why fighting back is often the only option left.
- The "Single Justice Procedure" (SJP) Trap
Most minor motoring offences in 2026 are processed via the "Single Justice Procedure." This is a closed-door process where a magistrate looks at your plea on a screen and issues a fine and points without you ever entering a courtroom.
- The Risk:It is designed for speed, not justice. If you plead guilty by post/online without legal representation, you lose the chance to present "Special Reasons" or "Mitigating Circumstances" effectively. You become just another statistic.
- The Defence:Expert motoring offence solicitors intervene before the SJP concludes. We request a full court hearing. By moving the case to a physical courtroom, we force the prosecution to produce the actual evidence (calibration certificates, officer statements) rather than just a summary. Often, when pushed for strict proof, the prosecution case collapses due to administrative errors.
- "Totting Up" and Exceptional Hardship (12 Points)
If you reach 12 points within 3 years, you face an automatic 6-month ban ("totting up").
- The Myth:"I will lose my job" is not enough to save your licence. The court assumes you will lose your job; that is the punishment.
- The "Exceptional Hardship" Argument:To avoid the ban, you must prove that your disqualification would cause suffering to others (innocent third parties).
- The Strategy:We build a dossier proving that if you lose your licence, your elderly mother won't get to hospital, your employees will be made redundant, or your children will lose their home due to mortgage default. This requires detailed financial auditing and witness statements. A standard "plea in mitigation" will fail; you need a structured legal argument presented by a specialist advocate.
- The "New Driver" Revocation (6 Points)
For drivers who passed their test less than 2 years ago, the limit is just 6 points.
- The Cliff Edge:If you get 6 points (e.g., one speeding offence and one phone offence, or a single "no insurance" offence), your licence is revoked You have to retake your theory and practical tests. There is no appeal against the revocation itself.
- The Fix:The only way to save the licence is to prevent the points reaching 6 in court. motoring offence solicitors can sometimes negotiate a short discretionary ban (e.g., 14 days) instead of points. Paradoxically, taking a short ban is better because it doesn't trigger the "New Driver" revocation, allowing you to keep your full licence once the 2 weeks are up.
- The "Notice of Intended Prosecution" (NIP) Defence
The police have strict rules they must follow.
- The 14-Day Rule:If the NIP was not served on the registered keeper within 14 days of the offence, the prosecution may be invalid.
- The "Reasonable Diligence" Defence:If you genuinely don't know who was driving (e.g., a shared family car or a fleet vehicle), you can be charged with "Failing to Identify the Driver" (6 points). However, if we can prove you exercised "Reasonable Diligence" to find out but couldn't, you must be acquitted. We help you create the paper trail to prove this diligence.
- Why General Criminal Lawyers Fail
Motoring law is technical. A lawyer who spends their day dealing with assaults or theft may not know the intricacies of the Road Traffic Offenders Act 1988.
- Calibration Challenges:We know how to check if the speed gun was calibrated correctly.
- Signage Regulations:We know if the speed limit signs on that specific stretch of the M25 were lawful at 3:00 AM.
- TMC Solicitors:We specialize in keeping you on the road. We understand that for a taxi driver, a licence is life.
Don't let a machine decide your future. Contact us to review the evidence before you accept the points.
