Can a driving offence lead to a criminal record?

15th October 2020

Can a driving offence lead to a criminal record?

The simple answer is yes, it can.

The longer answer is that it depends on the motoring offence which you have been accused of.

If you plead guilty to, or are found guilty of, a motoring offence in Court then you will have a criminal conviction. If this conviction is for a “recordable” offence, then it will be recorded on the Police National Computer System (PNC) and will form part of your criminal record and show up on a DBS check.

It is important to understand, however, that not all criminal convictions are “recordable”. Recordable offences are ones for which it is possible to receive a sentence of imprisonment, or which are specified in the Schedule to the National Police Records (Recordable Offences) Regulations. It is convictions for these offences which will show up on basic DBS checks, until they are spent, and on a standard or enhanced DBS check indefinitely, unless they are filtered off your record due to time elapsed.

What are recordable motoring offences?

Recordable motoring offences include drink-driving, drug-driving, failing to provide a specimen, failing to stop or report an accident, and dangerous driving. It does not matter whether you personally receive a sentence of imprisonment for the offence, only that it is possible to go to prison for the offence with which you are charged.

For some offences, as an alternative to court proceedings, you may be issued with a Fixed Penalty Notice which will include a fine of at least £100 and usually at least 3 penalty points on your licence.

Fixed Penalty Notices for motoring offences are not convictions and these would generally be issued for non-imprisonable offences such as speeding or running a red light, so a record of these should not be stored on the PNC and should not show up on a DBS check.

What happens next?

Facing a serious driving offence can be a daunting experience but criminal lawyers will talk you through the process and provide advice every step of the way. The team are experienced in presenting arguments to the court to avoid disqualification wherever possible.

Gotelee Solicitors can advise on all types of road traffic offences including the following:

  • Dangerous driving offences
  • Careless driving offences
  • Fail to stop and fail to report an accident
  • Failing to provide a specimen
  • Drink driving offences
  • Speeding offences

Our specialist lawyers are also able to offer further assistance with any employment issues that may arise as a result of the driving offence and/or any personal injury claims related to the incident.

For help and advice contact one of our team on 01473 211121 or fill out our online enquiry form.

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