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Driving offences

Court guidelines for common driving offences

Summary: Each page uses the offence's current Sentencing Council guideline and a current official fixed penalty source. The calculators report the guideline, not a predicted sentence.

Checked on .

Fixed penalties and court starting points

Common driving offences, fixed penalties and guideline starting points
OffenceFixed penaltyFixed pointsCourt starting point
Drink driving sentence calculatorNot publishedNoneBand C fine; Medium level community order; 12 weeks custody
Drug driving sentence calculatorNot publishedNone12 weeks custody; Medium level community order; Band C fine
Mobile phone driving offence sentence£2006Band B fine; Band C fine
Driving without insurance sentence calculator£3006Band C fine
Careless driving sentence calculator£1003Band D fine; Band C fine; Band B fine; Band A fine
Seat belt offence fine calculator£100NoneBand A fine
Driving without an MOT fine calculator£100NoneBand A fine; Band A fine with at least 25 per cent uplift; Band B fine
Defective tyre offence fine calculator£2003Band B fine; Band B fine with at least 25 per cent uplift; Band C fine

What can change the sentence?

  • The offence guideline selects a category or starting point from its own stated inputs.
  • Aggravating and mitigating factors can move the sentence within the published range.
  • A guilty plea can reduce the substantive sentence under the separate guilty plea guideline.
  • The court decides the sentence and any disqualification.

Which driving offences go to court and which get a fixed penalty?

Eight common offences sit on this site, each tied to a current Sentencing Council guideline for adult magistrates' courts in England and Wales, checked on 10 September 2026. Two of them, drink driving and drug driving, have no published fixed penalty. They go to court. The other six can start as a fixed penalty: £200 and 6 points for a hand-held phone, £300 and 6 points for no insurance, £100 and 3 points for careless driving, £100 with no points for a seat belt, £100 with no points for no MOT, and £200 and 3 points for a defective tyre.

A fixed penalty is an offer, not a conviction until you accept it. You can refuse and have the case heard. A court is not limited to the fixed amount. It uses the offence guideline, your relevant weekly income, aggravating and mitigating factors, and a guilty plea reduction where you plead guilty. The calculators on the offence pages report that guideline. They do not predict the sentence.

Police can still send a case to court even where a fixed penalty exists: a high reading, an injury, a commercial vehicle, a repeat offence, or a dispute about the facts. The out of court table is the Sentencing Council's current list of published fixed penalties, not a promise that every case of that type stays out of court.

Fixed penalty compared with the court starting point, England and Wales
OffenceFixed penaltyFixed pointsGoes to court?
Drink drivingNot publishedNone publishedYes, obligatory ban
Drug drivingNot publishedNone publishedYes, obligatory ban
Hand-held phone£2006If you refuse the offer, or the case is too serious
No insurance£3006Refused, or serious enough for court
Careless driving£1003Refused, or sent to court
Seat belt£100NoneIf you refuse the offer
No MOT£100NoneIf you refuse the offer
Defective tyre£2003If you refuse the offer, or several tyres fail

Fixed penalties and points: Sentencing Council out of court disposals and the linked GOV.UK pages, checked 10 September 2026. Court starting points sit on each offence page.

How does a magistrates' court set a driving fine?

The Sentencing Council publishes six fine bands, A to F. Each band is a percentage of relevant weekly income. Band A starts at 50 per cent and runs from 25 to 75 per cent. Band B starts at 100 per cent. Band C starts at 150 per cent. Band D starts at 250 per cent. Bands E and F are for the most serious fine-only cases. A driver on £500 a week net therefore faces a Band B starting point of £500, a Band C starting point of £750 and a Band D starting point of £1,250. Those pounds are derived from the published percentages. They are not a separate official tariff.

Relevant weekly income is the court's figure, not your headline salary. The fine band guideline explains how the court arrives at it. A company defendant is treated differently from an individual, which is why the no MOT and defective tyre guidelines have a separate owner company row. A 25 per cent uplift on an owner-driver is also published in those two guidelines, and the calculators apply it.

A guilty plea can reduce the substantive sentence under the separate reduction in sentence for a guilty plea guideline. Aggravating factors push up within the range. Mitigating factors push down. The court decides. Nothing on this site is a prediction of what a named bench will do on a named day.

Example

A driver on £500 a week net facing a Band C starting point

Relevant weekly income
£500
Fine band
C, starting 150 per cent
Published range
125 to 175 per cent
Source
Sentencing Council, Approach to fines: fine bands, checked 10 September 2026
  1. Multiply £500 by 150 per cent. That is the starting point of £750.
  2. The published range is £625 to £875 on the same weekly income.
  3. A guilty plea, harm, culpability and means can move the figure inside that range, or in a rare case outside it.
  4. The court may also disqualify, endorse points, or both, depending on the offence guideline.

On £500 a week, Band C starts at £750 and the published range is £625 to £875. That is a derived figure from the percentage band, not a separate published tariff.

How do penalty points, totting up and the new driver rule interact?

The current total is every point still counting towards 12, measured over 3 years from each offence date. That is the statutory test in section 29 of the Road Traffic Offenders Act 1988. Reaching 12 points in that window means the court must disqualify for at least 6 months unless it is satisfied there are grounds to mitigate. Section 35 limits what counts as mitigation: the court cannot treat hardship as enough unless it is exceptional hardship, and it cannot reuse circumstances already used to avoid or shorten a totting ban in the previous 3 years.

A driver inside 2 years of their first test pass is revoked at 6 points, not 12. The licence is cancelled. The only published route back is a new provisional licence and both parts of the test again. Points still live on a provisional licence count towards that 6. Passing a test in another category does not restart the 2 years.

Seat belt and no MOT offences are non-endorsable in the guidelines on this site, so they do not add points and cannot tot you up on their own. A phone, insurance, careless driving or defective tyre endorsement can. Drink and drug driving ordinarily lead to an obligatory disqualification rather than points, but the codes still sit on the record for 11 years from conviction.

Penalty points count towards the 12 point totting total for 3 years from the offence date. Most endorsements stay on the driving record for 4 years from the offence. Drink and drug driving stay for 11 years from conviction. A new driver is revoked at 6 points inside 2 years of the first test pass.How long points countTotting (12 pts)3 yearsFrom the offence dateOrdinary record4 yearsMost codes, from offenceDrink and drugs11 years from convictionValid for the first 10New driver2 years6 points revokes the licenceCounts towards a ban or revocation
The running total is every point still counting towards 12, measured over 3 years from each offence date. Most endorsements stay on the record for 4 years from the offence. Drink and drug codes remain for 11 years from conviction. The new driver rule revokes a licence at 6 points within 2 years of the first pass.

What happens if I ignore a driving offence notice?

Ignoring a fixed penalty offer does not make it vanish. If you neither pay nor request a hearing, the amount can be registered as a fine and enforcement can follow. Ignoring a court summons can lead to a hearing in your absence, a larger sentence, a warrant, or both. Drink and drug driving cases in particular do not wait for you to feel ready.

A driving ban starts when the court says it starts. Driving during a ban is a separate offence. If DVLA revokes a new driver's licence, you cannot treat the old photocard as valid while you argue about it. Send the licence when DVLA asks. GOV.UK sets a maximum £1,000 fine for failing to send it when requested.

Insurance is a practical problem as well as a legal one. A conviction for a serious driving offence is likely to raise premiums considerably, which is the Highway Code's published wording, not a percentage this site can invent. An employer who requires a clean licence will see the endorsement on a check. None of that is delayed by not opening the envelope.

Do these court guidelines apply in Scotland and Northern Ireland?

No. Every calculator on these pages is an adult magistrates' court guideline for England and Wales. The Sentencing Council does not set sentences in Scotland or in Northern Ireland. Scottish courts and Northern Ireland courts use their own processes. The offence itself still exists across the United Kingdom, and DVLA endorsement codes are the same codes on a Great Britain licence, but the starting fine, the band and the published range on these pages are not a Scottish or Northern Ireland tariff.

Drink driving is the clearest split on the limit itself. In England, Wales and Northern Ireland the prescribed alcohol limit in section 11 of the Road Traffic Act 1988 is 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes in 100 millilitres of blood, or 107 milligrammes in 100 millilitres of urine. Scotland sets a lower prescribed limit in the 2014 regulations: 22 microgrammes in 100 millilitres of breath, 50 milligrammes in 100 millilitres of blood, or 67 milligrammes in 100 millilitres of urine. A reading that is legal in Carlisle can be over the limit in Gretna.

Northern Ireland licensing is run by DVA, not DVLA. A disqualification on a Great Britain licence still stops you driving in Northern Ireland. The process for getting a licence back, including high risk offender medicals, is different there. GOV.UK says so on the disqualification pages and does not publish a Northern Ireland sentence table here, so this site does not invent one.

How do these offences affect insurance, work and a hire car?

Answer the insurer's questions about unspent convictions. Do not guess a percentage increase. No official source publishes a code-by-code premium change, so this site shows none. The Highway Code warns that a serious driving conviction is likely to push premiums up considerably. A drink or drug driving conviction is in that category. A seat belt fixed penalty is not an endorsement and is a different conversation with an insurer, but a lie on a proposal is still a lie.

If you drive for work, the employer can see the licence record. A clean licence is a stated requirement for certain jobs. A ban ends that driving. A new driver revocation ends it until you pass both tests again. A hire company and a lease company will also check. Driving a hire car without the cover the contract requires can become a no insurance case, which has its own guideline and a ${gbp((insurance.fixedPenalty.value ?? 0) / 100)} fixed penalty.

Foreign vehicles and visitors are not outside the criminal law. The offence is committed on the road in this country. Enforcement against a visiting driver can involve the vehicle as well as the driver. This site does not publish a separate visitor tariff because the Sentencing Council guidelines on these pages are not written as one.

What do people get wrong about driving offence sentences?

The most common mistake is treating the calculator as a quote. It is a guideline lookup. The second is mixing up the clocks: points count for totting for 3 years from the offence, stay on the record for 4 years from the offence for most codes, and drink or drug codes stay for 11 years from conviction. The third is assuming a fixed penalty is the maximum. It is the out of court offer. A court can go higher, and for some offences the maximum is unlimited.

People also mix England and Wales figures with Scotland. The lower Scottish drink limit is a real legal difference. The fine bands on these pages are not. Another myth is that a company car, a hire car or 'I was only moving it' creates a defence to no insurance, no MOT or a phone in the hand. The guidelines deal with the driver, and in some cases the owner, on the facts of use.

A new driver with 3 points who then takes 3 more is at the revocation threshold, not halfway to a totting ban. That ${newPts} point rule is a different statute from the ${tot} point rule. Treating them as the same clock is how people are surprised by a cancelled licence.

  • The calculator reports the guideline. The court decides the sentence.
  • Fixed penalties are offers. A court is not capped at that amount.
  • A driver reaches the totting line at 12 points counted over 3 years. New drivers are revoked at 6 points in 2 years of the first pass.
  • The Sentencing Council figures are for England and Wales. Scotland and Northern Ireland are different courts.
  • No official source publishes a premium increase by endorsement code.

Common questions

Does the calculator predict a court sentence?
No. It reports the current Sentencing Council guideline for an adult magistrates' court in England and Wales, including the published starting point, range, points or ban, and a fine derived from the band's percentage of the weekly income you enter. The court still considers the full facts, your means, aggravating and mitigating factors, and any guilty plea. Two people with the same reading or the same tyre can leave court with different orders. Treat the result as the published row, not a quote from a named bench.
Why are drink and drug driving fixed penalties not shown?
No fixed penalty is published for either offence on the Sentencing Council out of court table or on the GOV.UK penalty pages linked from these offence records. Both are dealt with by a court. Drink driving carries an obligatory disqualification of at least 12 months, or 3 years after a second relevant conviction in 10 years. Drug driving is treated the same way on the obligatory ban. A calculator that invented a fixed penalty for those offences would be wrong, so the pages say 'not published' and send the case through the court guideline.
How is a court fine calculated?
The offence guideline names a fine band. Every fine band works from a percentage of the offender's relevant weekly income. Band A starts at 50 per cent, Band B at 100 per cent, Band C at 150 per cent. On £500 a week that is £250, £500 and £750 at the starting points. The pounds are derived from the published percentages. They are not a second official price list. A company defendant, an owner-driver uplift and a guilty plea can all change the number the court actually imposes.
Can I refuse a fixed penalty and go to court?
Yes. A fixed penalty is an offer. You can accept it, with the published amount and points, or have the case heard. Going to court is not a way to pay less as a matter of right. The guideline starting point for a phone is a Band B fine, which on £500 a week is £500, against a £200 fixed penalty. People refuse when they dispute the facts, when they want the court to consider a ban instead of points, or when the offer is not available. Get advice before the deadline on the notice.
Do these figures apply in Scotland?
The calculators do not. They are England and Wales magistrates' court guidelines. Scottish courts sentence under Scottish procedure. The underlying road traffic offences still exist, and a Great Britain licence still carries DVLA endorsement codes. Drink driving is the one place this hub also publishes a different limit: Scotland's prescribed alcohol limit is 22 microgrammes in 100 millilitres of breath, 50 milligrammes in 100 millilitres of blood, or 67 milligrammes in 100 millilitres of urine. England, Wales and Northern Ireland use 35, 80 and 107. Do not read an England and Wales fine band onto a Scottish complaint.
Will a driving offence put my insurance up?
A serious conviction is likely to raise premiums considerably. That is the Highway Code's published wording in Annex 5. No official source publishes a percentage by offence or by endorsement code, so this site does not show one. You must answer the insurer's questions about unspent convictions. A seat belt or no MOT case is non-endorsable in the guidelines here, which is a different record from a phone, insurance, tyre, drink or drug endorsement. Lying on a proposal is a separate problem from the size of the premium.
I am a new driver with 3 points. What happens if I get 3 more?
You reach 6 points. DVLA cancels the licence when 6 points fall within 2 years of the first pass. You apply and pay for a new provisional licence and you pass the theory and practical tests again. Points that were still live on a provisional licence count towards the 6. This is not the 12 point totting ban, which is a court disqualification for at least 6 months. New driver revocation is a DVLA cancellation under the Road Traffic (New Drivers) Act 1995. The two clocks run together. They are not the same clock.
What if I drive a van, a motorcycle or a hire car?
The offence guidelines still apply to the driver. Some of them raise seriousness for a goods vehicle, a passenger vehicle or commercial use, which is how drug driving and no insurance move up a category. A hire car is not a free pass on insurance, MOT, tyres, a phone or a seat belt. The contract and the policy have to cover the use. A motorcycle has its own construction and use rules, but the phone, insurance, drink and drug offences are still driver offences. Where a guideline is silent on a vehicle type, this site does not invent a discount.

Related pages

Sources