Being stopped by the police while driving

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1. Overview

The police can stop a vehicle for any reason. If they ask you to stop, you should always pull over when it鈥檚 safe to do so. You鈥檙e breaking the law if you do not stop.

If you鈥檙e stopped, the police can ask to see your:

  • driving licence
  • insurance certificate
  • MOT certificate

If you do not have these documents with you, you have 7 days to take them to a police station. You鈥檙e breaking the law if you do not show the requested documents within 7 days.

The police can also give you an on-the-spot fixed penalty notice for many minor offences and make you take a breath test in certain circumstances.

You can also have your vehicle seized if you鈥檙e stopped on suspicion of driving without insurance and for some other offences.

2. Breath tests

The police can stop you at any time and ask you to take a breath test (鈥榖reathalyse鈥� you) if:

  • they think you鈥檝e been drinking
  • you鈥檝e committed a traffic offence
  • you鈥檝e been involved in a road traffic accident

If you refuse to take a breath test, or fail to supply a sample of breath and do not have a 鈥榬easonable excuse鈥�, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.

The breath test gives a result straight away. If it shows you鈥檙e not over the drink drive limit, you may be allowed to go.

If you fail the breath test, you鈥檒l be taken to a police station and given a final breath test. If it鈥檚 positive, you will be charged.

If the officer thinks you鈥檙e under the influence of alcohol or drugs, they can ask you to:

  • take a drug test
  • do a physical test (a 鈥榝ield impairment test鈥�), for example walk in a straight line then turn around and walk back

You can be arrested if you fail the test.

If you fail a breath test you cannot drive your car until you鈥檙e sober. You can ask someone else to collect your car for you.

3. Minor motoring offences

The police can give you a 鈥榝ixed penalty notice鈥� for less serious traffic offences, including for:

  • careless or inconsiderate driving
  • using a mobile phone while driving
  • not wearing a seat belt
  • driving too close to another vehicle

You can be fined up to 拢200 and get penalty points on your licence if you get a fixed penalty notice - you may be disqualified from driving if you build up 12 points within 3 years.

The police can also decide to:

  • take no action
  • issue a warning
  • offer driver training
  • charge you with an offence

You can choose not to pay the fixed penalty if you believe that it was given unjustly, but you鈥檒l have to argue your case in court.

4. Faults with your vehicle

If your vehicle has something wrong with it, for example a broken brake light, the police may give you a 鈥榲ehicle defect rectification notice鈥�.

You鈥檒l need to get your vehicle fixed and provide proof that it鈥檚 been fixed, for example a receipt for the work from a mechanic. You have 14 days from the date of the notice to show the proof to the police.

5. When the police can seize your vehicle

The police can seize a vehicle if they think it鈥檚 being used in a way that causes alarm, harassment or distress, for example careless or inconsiderate driving.

They can also seize a vehicle if they think it鈥檚:

  • being driven by someone who does not have a proper licence or insurance
  • dangerously, illegally or obstructively parked
  • broken-down or abandoned

If your vehicle is seized there鈥檚 a 鈥榬elease fee鈥� of up to 拢200 plus a storage fee of 拢20 for every day or part day.