Will I Get a Criminal Conviction for a Motoring Offence?
Many drivers go throughout their life without any interaction with the Police and the Court. Infrequent low level offences may be dealt with by postal notices and awareness courses led by independent companies. However, when the position escalates and is referred to Court or results in endorsement on the Licence, drivers are rightly concerned about the impact this will have on their criminal record.
So what is the impact of a motoring offence, such as speeding or using a mobile phone on a person’s record?
For anything dealt with outside of Court – a fixed penalty or diversionary course – this does not amount to a conviction. However, for anything which proceed to be dealt with through the Court, this will be a conviction. If the offence is only dealt with by a fine, the conviction is considered ‘spent’ 12 months after the fine is paid. This includes offences such as driving a vehicle without tax or MOT and seatbelt offences. If the convictions results in an endorsement (points or a disqualification) the rehabilitation period is 5 years!
A conviction being spent means that it no longer needs to be declared or considered as part of your record. Whilst the offence is still live this means that technically it must be declared in every situation where the question is asked and there is no qualification to exclude motoring offences. Situations where this could arise includes job applications, visa applications and insurance applications. Many employment contracts, regulatory licencing conditions and insurance terms require notification during an existing contract period.
As low level motoring offences are common and are at the lower scale of seriousness, drivers should not be too worried that a speeding offence will prevent a successful job application or prevent travel, but it always imperative that declarations are made honestly, as a false declaration will be considered as a much more serious shortcoming.
For advice relating to any driving prosecution, call our motoring law team today on 01332 987420.
