Road Traffic Law



People from all walks of life can get into problems on the road, it’s one of the most common charges we deal with. It’s important to seek legal advice as soon as possible.

We understand the loss of your driving licence can have serious consequences to many areas of your life. At O’Neill Defence we understand the potential loss of transport can impact employment, family and more so we take these cases extremely seriously.

Disqualification can come in several ways; certain offences come with mandatory disqualification, the Sheriff has the power to disqualify and decides that the quality of driving was bad enough that you have to be off the road for a while, or you can get 12 penalty points which will take you over the limit and mean that you are disqualified via totting up. Regardless of how you are disqualified, they all mean the same thing, you are off the road and can’t drive.

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Road Traffic Law

We can assist with all areas of Road Traffic Law, an example of some of the types of cases we can help with are:

  • Speeding: Going over the speed limit is easily done and may seem like a minor offence, however a minimum of three penalty has to be imposed and can be enough to push you over the 12 point limit and be enough to see you disqualified from driving for 6 months. Every case is different, but we have the knowledge and experience to assist, and we may be able to save your licence.

  • Driving while using a mobile telephone: this offence carries a minimum punishment of 6 penalty points so can push people into losing their licence.

  • Drink Driving – the limit in Scotland is only 22micrograms of alcohol in breath, which is lower than the rest of the UK, which is 35 micrograms. This offence carries a minimum of a one-year ban and a fine, with repeat offenders being treated very harshly. There are defences to this charge, and at O’Neill Defence we know them and have used them to successfully defend our clients and helped them to keep their licences.

  • Driving without licence or insurance: It is amazing how easy it is to let your insurance expire or make a mistake in the terms of your policy. While it may turn out that you are technically guilty of this offence, there are ways in which you can avoid getting points or being disqualified, our solicitors know them and might be able to use them in your defence

  • Dangerous Driving: This is one of the most serious road traffic offences and comes with a minimum of a one year driving ban and being made to resit the extended driving test. Often these offences can result in a prison sentence, so it is crucial that you get legal advice as soon as possible.

  • Careless Driving: While less serious than dangerous driving, a conviction will often result in points, but the Sheriff has the power to disqualify, and it should not be treated lightly.