Question 1

Do I have to tell my employer about a motoring conviction?

Accepted Answer

There is no law that says that any person who is convicted has to tell his or her employer about it. However, if you have a contract of employment, it may include a condition that if you are convicted of an offence you must tell your employer. It is worth bearing in mind that for offences where you appear in court in person, there is a chance that your name will be published in the local newspaper or online if you are either found guilty or plead guilty at court.

Question 2

I am guilty of drink driving. Will I lose my job?

Accepted Answer

Whether you lose your job as a result of a drink driving case might depend on whether you have a job which requires you to have a licence, or whether the company you work for has a particular policy on drink driving convictions. In many cases, companies will take a pragmatic view. If you're a valued employee with a good work record, many companies will allow you to stay.

Question 3

Is a motoring conviction or a drink driving conviction a criminal conviction?

Accepted Answer

The short answer is yes. If you got the penalty as a result of a court hearing, whether you were there in person or not, it is technically a criminal conviction. But, for the purposes of most declarations about previous convictions on applications for jobs or security clearance etc, you are unlikely to be treated as having a real criminal conviction for a speeding offence. In fact, most questions on forms about previous convictions only require you to disclose any non-motoring convictions.

Question 4

Are points on my licence a criminal conviction?

Accepted Answer

Penalty points on a licence aren't necessarily a sign of a criminal conviction unless they came about as a result of a court hearing. They can come about as a result of accepting a fixed penalty offer which is not a conviction. They still have to be notified to insurance companies, but they are not considered convictions by employers.

Question 5

If I say I will lose my job will I avoid a ban for drink driving?

Accepted Answer

A judge has very little discretion not to ban a driver who is convicted of driving with excess alcohol. If there was something special about the circumstance of the driving itself, such as for someone who had been spiked and didn't know they were over the limit, a court may decide not to disqualify. But this does not apply to somebody's life situation, for example, if he or she will lose his job, or has a disabled relative who relies on him or her to be able to get around. This is called mitigation and it might reduce the length of the ban, but not below the minimum 12 months (9 months with an awareness course).

Question 6

Can I ask for anonymity in a motoring prosecution?

Accepted Answer

Generally speaking, there is no anonymity in criminal proceedings unless you are a minor, or unless identifying you will risk identifying a minor who is involved in proceedings.

Question 7

I will lose my job if I am banned from driving. Will the court take this into account?

Accepted Answer

If you're charged with drink driving and plead guilty or are found guilty, the court has no power to not ban you from driving based on your personal circumstances. If you are at risk of being disqualified because you have reached 12 penalty points on your licence, the court MAY decide to allow you to continue to drive if losing your job will be an 'exceptional hardship'. The court would expect that everyone faces some hardship if they are banned, and many people will lose their job. If it means you will damage your career significantly or there will be serious effects on other people such as family, a court may take these factors into account.

Question 8

Can I get legal aid for a motoring case or use the duty solicitor at court?

Accepted Answer

Motoring cases do not usually carry the possibility of a prison sentence, and so do not qualify for legal aid. This also means they do not qualify for help from the court's duty solicitor. The best course of action if you are charged with a motoring offence is to instruct a specialist motoring offence solicitor.

Question 9

Should I use a local solicitor for an interview or magistrates' court appearance for a motoring case?

Accepted Answer

Many local solicitors are experienced and skilled. But choosing somebody for a motoring case just because their office is local to your home or the court building is unwise. You should choose a solicitor based on their experience and specialism. Motoring law is a specialist. A lawyer picked for convenience is perhaps less likely to be a specialist.

Our motoring offence solicitors can help even if the case against you looks strong.

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