Month: September 2025

Even the most careful of drivers might occasionally exceed the speed limit, especially if you are in an unfamiliar area or new rules have recently been introduced. If you are caught by a speed camera, you’ll be sent a Section 172 notice and a Notice of Intended Prosecution within 14 days.

Sometimes, confusion or administrative errors can cause drivers to respond incorrectly to a Section 172 notice, or they may have another legitimate defence or mitigating circumstances.  Here’s what to know. 

What Is a Section 172 Notice?

A Section 172 notice is a formal request from the police asking the registered keeper of a vehicle to confirm who was driving at the time a speeding offence occurred.  The notice will be issued within 14 days of the offence, and you’ll be given 28 days to respond. Ignoring it or providing false information is a criminal offence with serious consequences.

Why responding correctly matters

Responding to a Section 172 notice is mandatory. Failure to do so can result in prosecution, a fine of up to £1,000, or six penalties on your licence. 

Impact on your licence

For professional drivers such as HGV or taxi operators, the consequences can affect employment and earning potential. Even non-professional drivers must be cautious. Accumulating 12 points on your licence within three years can trigger a six-month ban under the “totting up” rules. 

New drivers within their first two years risk losing their licence after just six points, highlighting the importance of careful compliance.

Potential defences

There are legitimate defences to speeding charges and Section 172 notice prosecutions. For instance, the registered keeper may not have been the driver, or there may be technical issues with enforcement equipment. Occasionally, misdirected post or other administrative errors may be mitigating factors where a timely response has not been made. 

In some instances, the courts may accept “exceptional hardship” as a reason not to impose strict penalties such as a driving disqualification. Navigating these defences, however, requires expert legal advice to avoid worsening the situation.

The importance of legal representation

Even if you think you have a good reason for not responding to a Section 172, it is not enough to assume that the courts will accept it. It is essential that you have gathered all the correct information and evidence to support your claim, and it is presented well in court. 

A solicitor specialising in driving offences can help you respond correctly to a Section 172 notice, explore potential defences, and minimise penalties. Legal advice is particularly valuable for preserving your licence, mitigating fines, and protecting your employment prospects.

Speeding offences and s172 notices are serious matters. Prompt and accurate responses are crucial to avoid escalating penalties. Whether you are a young driver, a professional driver, or someone who relies on their licence for work or family, understanding your obligations and acting responsibly is the best way to protect your driving record.

Many of us are in the habit of automatically reaching for our phones as soon as it rings or pings, or simply to fill an idle couple of minutes scrolling through social media. However, if you happen to be behind the wheel (even when stationary) you could be committing a serious offence. Here’s what the law says. 

The law on mobile phone use while driving

The law makes it an offence to use a hand-held mobile phone while driving, or even while sitting in traffic or stopped at lights with the engine running. The law still applies if you are in a vehicle that automatically turns off the engine when you stop. It also applies to people who are supervising a learner driver. 

This includes making calls, sending texts, taking photos, or scrolling through apps, or using your phone as a sat nav if it’s not secured in a proper holder. To do any of these actions legally in a vehicle, you must be safely parked. 

Even momentary use — such as unlocking your phone at the lights — can result in prosecution. The only exceptions are for genuine emergencies, such as dialling 999 or 112 when it is unsafe to stop, or making contactless payments at drive-throughs (as long as the vehicle is stationary).

However, you can use devices with hands-free access such as voice commands or a Bluetooth headset. You must not hold the device at any time while you are using it, and if police believe you are distracted even when carrying out hands-free actions, they may still decide to prosecute you. 

The penalties in 2025

The penalties for using a mobile phone while driving are strict:

• Six penalty points on your licence
• A £200 fixed penalty fine
• If the matter goes to court, fines of up to £1,000 (or £2,500 for lorry and bus drivers)
• A possible driving ban for repeat offences or serious cases

For new drivers, the stakes are even higher. Accumulating six points in your first two years after passing your test leads to automatic revocation of your licence. You’ll need to reapply for a provisional licence and re-take both parts of your driving test.

Why the courts take it seriously

Driving while using a phone is classed as “distracted driving,” which is a major cause of accidents and fatalities on UK roads. Courts take a strict approach, particularly for professional drivers such as taxi drivers, delivery drivers, and HGV operators. For them, losing a licence can mean losing a career.

Repeat offenders are at risk of a totting-up ban once they reach 12 points on their licence within three years. This results in a minimum six-month disqualification unless you can successfully argue that losing your licence would cause exceptional hardship.

What to do if you’re charged

If you’ve been caught using your phone behind the wheel, don’t ignore it. Seeking early legal advice can make a significant difference to the outcome. A solicitor specialising in motoring offences can assess whether the evidence against you is strong enough for a conviction, or represent you in court and argue to reduce penalties or avoid disqualification.

Getting behind the wheel of a car is an inherently dangerous activity when you’re sober. Add alcohol into the mix and you’ve got a potentially deadly combination.

This is why we have drink driving laws, designed to deter people from taking to the road once they’ve had a certain amount. 

Currently, the limit for drinking and driving in England and Wales is 35 micrograms of alcohol per 100ml of breath (or 80 micrograms per 100ml of blood).

However, this could soon change in the near future, with the government considering reducing the limit to 22 micrograms, bringing it in line with that of Scotland.

While this is certainly commendable and will potentially make the nation’s roads safer for us all, confusion may still persist about what the actual limits are.

John Scruby, former South Yorkshire Police traffic officer and trustee of the Campaign Against Drink Driving organisation, told the BBC that it’s difficult to understand just what 35 micrograms of alcohol in 100ml of breath actually means in practical terms. How many drinks does this actually cover? How many units of alcohol is legally permissible?

It’s also important to note that other factors can also affect the impact that drinking will have, including weight, age, sex, metabolism, the type of alcohol, food intake, stress levels and so on. 

This ultimately means that the limit will affect different people in unpredictable ways – so it’s not easy to work out accurately just how much alcohol will put you over the limit.

The only way to know with 100 per cent certainty that you’re within the legal limit is to avoid alcohol entirely if you plan to drive, so put plans in place for alternative modes of transport if required.

But if, for whatever reason, you do find yourself on the wrong side of the law and need the help of drink driving solicitors, get in touch with the Caines Law team today.