Common Misunderstandings, Legal Reality & Why Specialist Advice Matters
At MAJ Law, we deal with motoring offences every single day. And while no two cases are the same, the questions, worries and misunderstandings we hear from clients are often very similar.
To better understand where clients struggle, and how we can support them more effectively, we recently asked our team a series of internal questions about what they find most challenging to explain.
The aim wasn’t to criticise clients. It was to improve transparency, manage expectations, and explain why motoring law often feels confusing or frustrating.
Here’s what our team told us, and what every driver should know.
Why We Asked Our Team These Questions
Facing a motoring offence can feel overwhelming. Many clients contact us worried about:
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Losing their licence
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Points adding up
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Insurance implications
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Court appearances
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Unexpected costs
By asking our team what they find hardest to explain, we can address these issues before confusion turns into stress.
The answers revealed a clear theme: motoring law is misunderstood not because clients aren’t paying attention, but because the law itself is technical, procedural and unforgiving.
Why Legal Costs Can Vary in Motoring Cases
One of the most common frustrations we hear is:
“Why does the cost change if it’s a fixed fee?”
At MAJ Law, we offer fixed fees for legal work, meaning you know the cost of our professional services upfront. However, no two motoring cases require the same level of work.
Legal costs can vary depending on:
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The type of offence (e.g. speeding vs drink driving)
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The amount and quality of evidence
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Whether the case proceeds to court
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The urgency of hearings or instructions
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The need for expert evidence
Expert Evidence in Motoring Law
Some cases require independent experts, such as:
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Toxicologists (drink or drug driving cases)
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Mechanical experts
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CCTV or phone data analysts
These experts are not part of legal fees and are often essential to building a strong defence.
The Most Misunderstood Motoring Offences
Our team consistently identified two offences that clients underestimate, often with serious consequences.
1. Failure to Provide a Specimen (Breath, Blood or Urine)
Many drivers don’t realise that failing to provide a specimen can carry penalties as severe as drink or drug driving.
This offence can arise where a driver:
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Refuses to provide a sample
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Is unable to provide a sample without medical evidence
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Does not comply properly with instructions
Why This Offence Is So Serious
Failure to provide is often treated by the courts as a refusal - even where the driver claims confusion or anxiety.
Penalties can include:
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Mandatory disqualification
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Significant fines
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A criminal conviction
The law places a strict obligation on drivers to comply with testing procedures.
👉 Find more about Failure to Provide a Specimen here.
2. Mobile Phone Offences While Driving
Another widely misunderstood offence involves mobile phones.
Many drivers believe they are only breaking the law if they are:
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Calling
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Texting
In reality, the offence is broader.
What the Law Says
It is illegal to hold and use a hand-held mobile phone while driving, even briefly. This includes:
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Unlocking the phone
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Scrolling or checking notifications
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Changing music or apps
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Taking photos or videos
Even being stopped at traffic lights can still count as “driving” for the purposes of the offence.
Penalties for Mobile Phone Offences
Typically include:
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6 penalty points
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£200 fine
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Possible licence revocation for new drivers
👉 Find more about Mobile Phone offences here.
Why Solicitors Often Say “It Depends”
Clients sometimes find this phrase frustrating, but it’s one of the most honest answers a solicitor can give.
Motoring law outcomes depend on:
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The facts of the case
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Whether evidence was lawfully obtained
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Procedural compliance by police and CPS
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Disclosure timelines
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Court availability
There is no single outcome for any offence. Promising certainty in an uncertain process is misleading. Our role is to provide realistic advice based on experience, not false reassurance.
Why Waiting Is Often the Hardest Part
Our team highlighted one key source of stress: clients chasing updates during unavoidable waiting periods.
Much of a motoring case involves waiting for:
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CPS disclosure
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Court listings
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Expert reports
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Statutory deadlines
Silence does not mean inactivity. It often means preparation, review, and strategic planning behind the scenes. We update clients when there is meaningful progress, not simply to fill time.
What Makes MAJ Law Different
When asked what truly sets MAJ Law apart, the answer was clear: Depth of motoring law expertise.
Motoring law is all we do. That specialism means:
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Daily exposure to road traffic offences
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Familiarity with police and CPS procedure
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Recognition of technical defences
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Up-to-date knowledge of sentencing guidelines
When your licence or livelihood is at risk, specialist knowledge matters.
👉 Find more about Why you should choose a specialist motoring law firm
Final Thoughts: Clarity, Honesty and Early Advice
We asked these questions to understand where clients struggle, and how we can do better. Motoring law is complex, procedural, and often stressful. But with specialist advice, realistic expectations, and clear communication, it becomes manageable.
If you’re facing a motoring offence and unsure where you stand, getting advice early can make all the difference.
