Motoring Offences (England & Wales): 12 questions answered
Most motoring offences in England and Wales are dealt with by fixed penalty or in the magistrates' court. Penalty points stay on your licence for four or eleven years, 12 points in three years usually means a ban, and new drivers lose their licence at six points.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What is a Notice of Intended Prosecution?
A Notice of Intended Prosecution (NIP) is a warning that you may be prosecuted for certain offences, such as speeding, careless or dangerous driving, or running a red light. Under section 1 of the Road Traffic Offenders Act 1988, it must be given at the time of the offence or sent to the registered keeper within 14 days. Otherwise, a prosecution for those offences usually cannot go ahead. There are exceptions, including where an accident happened that the driver knew about, or where the keeper's details could not be found in time.
Do I have to tell the police who was driving?
Yes. This is a real legal duty. Under section 172 of the Road Traffic Act 1988, the registered keeper, and anyone else asked, must give information identifying the driver when required by police, usually within 28 days of the notice. Failing to do so is an offence carrying six penalty points and a fine of up to £1,000, often more than the original offence. It is a defence to show you did not know and could not, with reasonable diligence, have found out who was driving. Naming someone falsely is a serious crime.
What happens if I am caught speeding?
The minimum penalty for speeding is a £100 fixed penalty and three points on your licence. You may instead be offered a speed awareness course if the police think it is appropriate and you have not done one in the past three years. The course has a fee but no points. If you reject the fixed penalty, or the speed was very high, the case goes to court. There the fine is based on your weekly income, up to £1,000, or £2,500 on a motorway, with three to six points or a ban.
How long do penalty points stay on my licence?
Most endorsements stay on your driving record for four years, counted from the date of the offence or, for some offences and where you were banned, from conviction. Drink and drug driving endorsements stay for eleven years from conviction. For totting-up, points count if the offences were committed within three years of each other. Insurers and employers may ask about endorsements while they remain on your record. You can check your points and removal dates free using the View Driving Licence service on GOV.UK.
How many points before I get banned from driving?
If you reach 12 or more penalty points within three years, the court must normally disqualify you for at least six months under the totting-up rules in section 35 of the Road Traffic Offenders Act 1988. The minimum rises to one year if you have had one ban of 56 days or more in the previous three years, and two years if you have had two or more. Totting-up cases are always dealt with in court, not by fixed penalty. The court can decide not to ban you, or ban you for less, only if you prove exceptional hardship.
Can I avoid a driving ban for exceptional hardship or special reasons?
Exceptional hardship applies only to totting-up bans. You must prove that a ban would cause hardship well beyond the normal inconvenience, usually to other people, such as employees losing their jobs or a dependent relative losing essential care. You cannot rely on the same hardship again within three years. Special reasons are different: they relate to the circumstances of the offence, not the offender, such as a spiked drink or driving a very short distance in a genuine emergency. If accepted, the court can decide not to endorse or ban. Specialist legal advice is recommended.
What happens if I get six points as a new driver?
Under the Road Traffic (New Drivers) Act 1995, your licence is revoked if you reach six or more penalty points within two years of passing your first driving test. Unexpired points on your provisional licence carry over and count towards the six. This is not a court ban: the DVLA cancels the licence, and you must apply for a new provisional licence and pass both the theory and practical tests again. Using a hand-held phone (six points) or driving uninsured (six to eight points) is enough on its own.
What is the drink-drive limit in England and Wales?
The legal limit in England and Wales is 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine. Scotland has a lower limit. The government's Road Safety Strategy, published in January 2026, proposed lowering the England and Wales limit and consulted on it. As at 25 September 2026 the limit has not changed. There is no safe amount to drink before driving, because alcohol affects people differently.
What is the penalty for drink or drug driving?
Driving or attempting to drive over the drink-drive limit, or over a specified drug limit under section 5A of the Road Traffic Act 1988, carries up to six months in prison, an unlimited fine and a minimum 12-month ban. The ban rises to a minimum of three years for a second offence within ten years. Refusing to give a specimen without a reasonable excuse carries similar penalties. Being in charge of a vehicle while over the limit carries up to three months, a fine and ten points or a ban. Courts can offer a drink-drive rehabilitation course to shorten the ban.
What is the penalty for using a mobile phone while driving?
It is illegal to hold and use a phone or any similar device while driving, including when stopped at traffic lights or queuing in traffic. The fixed penalty is six points and a £200 fine. If the case goes to court, the fine can be up to £1,000, or £2,500 for lorry and bus drivers, and you could be banned. New drivers will lose their licence. You can use a phone hands-free if it is secured and does not block your view. You can hold it to call 999 in an emergency when it is unsafe to stop.
What happens if I drive without insurance?
Driving without at least third-party insurance is an offence under section 143 of the Road Traffic Act 1988. Police can give a £300 fixed penalty and six points, or the case can go to court, where the fine is unlimited and you can get six to eight points or a ban. Police can also seize the vehicle, and it may be destroyed if not reclaimed with valid insurance. It is an offence of strict liability, so honest mistakes usually do not provide a defence, although they may affect the penalty or support special reasons.
What is the difference between careless and dangerous driving?
Careless driving under section 3 of the Road Traffic Act 1988 means driving below the standard of a competent and careful driver. It carries an unlimited fine and three to nine points or a discretionary ban. Dangerous driving under section 2 means driving far below that standard, where it would be obvious to a competent driver that it was dangerous. It carries up to two years in prison, a compulsory ban of at least one year and an extended retest. Causing death by dangerous driving can lead to life imprisonment.
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