The Most Googled Questions – A Brief Compilation by Motoring Defence Solicitors
When something happens on the road, most people don’t call a solicitor first.They Google it.
“What do I do if I’ve been caught drink driving?”
“Do I have to reply to a NIP?”
“Can I avoid a ban?”
At MAJ Law, we see the same questions come up every single day, usually at the point where someone is unsure what to say, what not to say, and what happens next.This guide pulls together those most commonly searched questions into one place.
But it’s important to be clear from the outset: this is a starting point, not a complete answer. Motoring cases are rarely straightforward. Outcomes often turn on technical detail, procedure, and evidence that isn’t obvious at first glance.
Throughout this guide, we’ve signposted where you can explore each topic in more detail.
What Do I Do If I’ve Been Stopped for Drink Driving?
Being stopped on suspicion of drink driving is, for most people, unfamiliar and unsettling.
At the roadside, you may be required to provide a preliminary breath test. If that test is positive, or if you refuse without a reasonable excuse, you will usually be arrested and taken to the police station for an evidential test.
What often catches drivers out is not the test itself, but what happens around it.
Conversations at the roadside, explanations about what you’ve had to drink, or attempts to justify driving decisions can all become part of the prosecution case. These moments feel informal, but legally, they matter.
In many cases, the focus later shifts to:
- The accuracy of the evidential reading
- Whether the correct procedures were followed
- Whether the testing process was carried out lawfully
It is not uncommon for issues to arise in these areas, particularly around procedure and compliance.
👉 Learn more about drink driving offences and possible defences here.
What Do I Do If I’ve Failed a Drug Driving Test?
Drug driving is one of the fastest-growing areas of motoring law, and one of the most widely misunderstood.
A positive roadside DrugWipe test does not mean you are automatically guilty. It is simply a screening tool used by the police to justify the next stage of the investigation. The case itself is built on the laboratory analysis of a blood sample taken later at the police station.
This is where many drivers are caught off guard. By the time they realise the seriousness of the situation, key decisions have already been made and important steps have already taken place.
“One of the biggest misunderstandings we see is drivers assuming a positive roadside test means the case is proven. In reality, that’s just the starting point. What actually matters is whether the correct legal process was followed and what the forensic evidence shows.”
A common assumption is that having a prescription provides a complete defence. It doesn’t. The law in this area is far more nuanced, and relying on a medical defence is not as straightforward as simply producing proof of a prescription.
In practice, these cases often come down to a combination of evidence, procedure, and timing. Issues can arise at multiple stages, from the initial stop, through to the way samples are taken, stored, and analysed.
From a legal perspective, the key areas we typically examine include:
- whether the police had a lawful basis to require a blood sample in the first place
- how the roadside DrugWipe test was administered and whether proper procedure was followed
- whether the blood sample was taken, handled, and analysed in accordance with forensic requirements
- whether full disclosure of the laboratory results and supporting evidence has been provided
- whether a medical defence is genuinely available based on prescription, usage, and impairment
These are not minor technicalities, they are often central to whether a case can proceed at all.
👉 Learn more about drug driving law and medical defences here:
What Do I Do If I Receive a Notice of Intended Prosecution (NIP)?
Receiving a Notice of Intended Prosecution is often the first formal step in a motoring case, and it’s one that should not be taken lightly.
You will usually have 28 days to respond, and in most cases, you are required to identify the driver of the vehicle at the time of the alleged offence under Section 172 of the Road Traffic Act 1988.
What seems like a straightforward administrative step can quickly become a separate legal issue. Failing to respond, responding late, or providing incorrect information can result in a failing to furnish offence, which carries 6 penalty points and a fine - often more serious than the original allegation.
Handled properly, this stage can also be an opportunity to identify potential issues early.
👉 Learn more about NIPs and failing to furnish here
What Do I Do If I’ve Been Caught Speeding?
Speeding offences are often seen as routine, but that doesn’t mean they are always straightforward.
Depending on the circumstances, you may receive a fixed penalty, be offered a speed awareness course, or be required to attend court. While many cases are resolved without issue, others raise questions around how the speed was measured and whether the evidence is reliable.
There is a common belief that drivers are protected by a “10% + 2” margin. This is not a legal rule, but rather guidance sometimes used by police forces, and it does not prevent prosecution.
In more complex cases, factors such as camera calibration, maintenance records, and road signage can become relevant. These are areas where legal challenges may arise.
👉 Learn more about speeding offences and defences here:
What Do I Do If I’m Facing a Totting Up Ban?
Facing a potential disqualification under the totting up system can have serious consequences, particularly for those who rely on their licence for work or family responsibilities.
If you accumulate 12 or more penalty points within a three-year period, the court will usually impose a minimum six-month disqualification.
The primary way to avoid this is by advancing an exceptional hardship argument. However, many drivers underestimate what is required. Simply stating that a ban would cause inconvenience or affect employment is unlikely to be enough on its own.
A successful argument typically requires detailed evidence and a clear demonstration of how others (not just the driver) would be significantly impacted.
👉 Learn more about totting up bans and exceptional hardship here:
What Do I Do If I’m Asked to Provide a Specimen and I Refuse?
Failing to provide a specimen, whether breath, blood, or urine - is treated as a serious offence in its own right, and one that often carries more severe consequences than the original suspicion of drink or drug driving.
These situations rarely happen in a calm, controlled environment. They often arise late at night, under pressure, and in circumstances where drivers feel confused, overwhelmed, or unsure of their rights. It is not uncommon for people to believe they are protecting themselves by refusing, when in reality, that decision can significantly escalate the situation.
“We regularly speak to drivers who thought refusing the test would help their position. In practice, it usually does the opposite. The focus quickly shifts from what you may have taken, to whether the refusal itself amounts to a separate offence.”
What is often overlooked is that these cases are not simply about whether a specimen was provided or not. The law places clear obligations on the police, and those requirements must be met before an offence can be established.
From a legal perspective, the key issues we typically look at include:
- whether the requirement to provide a specimen was made lawfully and at the correct stage of the investigation
- whether the correct procedures and warnings were clearly given to the driver
- whether there was any confusion, medical issue, or communication difficulty affecting the situation
- whether a “reasonable excuse” may apply based on the specific circumstances
- whether the evidence properly supports a refusal, rather than an inability to provide
As with many motoring offences, these cases are highly fact-specific. What may appear to be a straightforward refusal can, on closer inspection, raise questions about procedure, communication, and legality.
👉 Learn more about failing to provide offences here:
What Do I Do If I’ve Been Charged or Have a Court Date?
Reaching the stage of being charged or receiving a court date is often where drivers feel the pressure to make quick decisions, particularly around entering a plea.
However, this is one of the most important stages in any case. Before making any decisions, it is essential to understand the evidence being relied upon, including the Initial Details of the Prosecution Case (IDPC) and any forensic or witness material.
It is not uncommon for cases to contain evidential gaps or procedural issues that are not immediately obvious. Identifying these early can have a significant impact on the outcome.
👉 Learn more about the court process and your options here:
Our View: Why Early Advice Matters
One of the biggest misconceptions in motoring law is that cases are straightforward. They are not.
Two cases that look identical on paper can have completely different outcomes depending on the detail, how evidence was obtained, how procedure was followed, and what is (or isn’t) disclosed.
Google can give you a general answer. It cannot assess your case.
Learn More
If you’re facing a motoring offence, getting the right advice early makes a real difference.
At MAJ Law:
- We offer free initial advice
- There’s no time limit on your first call
- We take the time to understand your case properly
