Driving Laws

What is the difference between careless driving and inconsiderate driving?

Motor Lawyers — Fri, 13 Aug 2010 09:08:35 +0000

Although the legal standard of falling below that of a “reasonable, prudent and competent” motorist applies to both allegations, in order to be convicted of inconsiderate driving, it has to be shown that another motorist was affected. This is not necessary for driving without due care and attention/careless driving.

I have been stopped by the Police for driving without insurance. Do I face a driving ban?

Motor Lawyers — Tue, 17 Nov 2009 11:40:29 +0000

Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences. For first offences, the Court would normally impose between 6 and 8 penalty points, but no ban. There will also be a fine which will vary depending on the circumstances and whether the Defendant was using the vehicle themselves or permitting another person to use the vehicle.

Does a drink driving offence result in a criminal record?

Motor Lawyers — Fri, 28 Aug 2009 17:02:31 +0000

Yes. drink driving offences are recorded as criminal convictions. Drink driving allegations are dealt with as a “charge” and therefore a Defendant will be bailed, having supplied finger prints, DNA and photographic ID.

How much will a drink driving disqualifciation be reduced by if I attend a drink drive rehabilitation course?

Motor Lawyers — Fri, 28 Aug 2009 08:34:57 +0000

Any Defendant who is given the option to attend a drink drive rehabilitation course should do so as it would normally result in any disqualification period being reduced by not less than 3 months and not more than 25%:

Disqualification	Min Reduction*
12 months	3 months
18 months	4.5 months
24 months	6 months
24 months	6 months
30 months	7.5 months
30 months	7.5 months
36 months	9 months

* The potential reduction is based on a Defendant attending a drink drive rehabilitation course which is entirely at the Court’s discretion.

Which drink driving offences carry the option for a discretionary driving ban?

Motor Lawyers — Wed, 26 Aug 2009 10:41:44 +0000

The following drink driving offences are ones where a driving ban is not mandatory:

In charge while unfit;
In charge with excess alcohol;
Failing to co-operate with a preliminary test;
Failing or refusing to provide an evidential specimen when not “driving or attempting to drive”;
Failure to allow specimen to be subjected to laboratory test when not “driving or attempting to drive”.

However, the Court would normally approach matters on the basis that a ban should be imposed, unless the Defendant is able to establish a satisfactory reason for not facing disqualification. The onus is very much on the Defendant to convince the Court not to impose a ban and it should be assumed that the mere fact that the Court has discretion, does not mean the Court will be willing to exercise same.

I have received a Notice of Intended Prosecution. Can I pass this to my friend who was driving at the time of the offence?

Motor Lawyers — Mon, 24 Aug 2009 08:37:26 +0000

No. It is the addressee’s obligation to respond. Passing a Notice of Intended Prosecution to somebody else does not amount to a satisfactory response and could result in prosecution for failing to supply information (6 points and a fine up to £1,000).

Do I have to carry my licence with me at all times when driving?

Motor Lawyers — Fri, 21 Aug 2009 13:17:53 +0000

No, but it is strongly recommended. The Police are entitled to ask to see your driving licence at any time and if you do not have it immediately, you will be ordered to produce it to a Police Station within 7 days. Failing to produce within that period of time is another offence, even if you do actually hold a driving licence.

Will a drink driving offence result in a criminal record?

Motor Lawyers — Tue, 18 Aug 2009 13:23:26 +0000

Yes. Drink driving allegations are dealt with as a charge and the Defendant will be bailed, having supplied finger prints, DNA and photographic ID. Drink driving offences will be recorded as criminal convictions.

Can the Police still prosecute for speeding if they fail to comply with the ACPO Guidelines?

Motor Lawyers — Sun, 16 Aug 2009 11:03:57 +0000

Failure to comply with the ACPO Guidelines does not always prevent a case proceeding. Although the guidelines set out a code of conduct and a recommended method in dealing with such offences, as long as the Police comply with the law, adherence to the “guidelines” is not mandatory.

What is a plea of mitigation?

Motor Lawyers — Sat, 15 Aug 2009 10:12:16 +0000

If you have pleaded guilty or have been found guilty, before the Court imposes any penalty, you will be given the opportunity to put forward a plea of mitigation. The purpose of this is to convince the Court to impose the most lenient punishment possible. It can be dealt with by way of personal attendance or at the Court’s discretion, in writing by way of a letter of mitigation.

Can I request the evidence before accepting a Fixed Penalty Notice?

Motor Lawyers — Thu, 13 Aug 2009 11:50:34 +0000

The Fixed Penalty is designed to “streamline” the process, with the result that many Police forces simply refuse to supply evidence stating that this will only be produced if the conditional offer is rejected and a Court hearing requested. Although there is no legal obligation to disclose evidence prior to a Summons being commenced, most Police forces will allow access to information upon request and others do disclose it by way of a website or post etc. In our experience, if you don’t ask, you don’t get. If you want to see the evidence, be persistent and you will probably obtain same.

Can I drive my uninsured vehicle on private land?

Motor Lawyers — Thu, 13 Aug 2009 11:41:12 +0000

The Road Traffic Act states that any person who uses or permits a vehicle to be used on “a road or other public place” must have the minimum of third party insurance cover.

You do not have to have insurance if the private land is an area to which the public do not have access. However, you would need insurance if the vehicle is on private land to which the public do have access. This can include “private” car parks, campsites, private estates etc. The term “public place” is far more wide ranging than most people appreciate.

I have swapped my foreign driving licence for a UK licence. Am I subject to the provisions of New Drivers Act?

Motor Lawyers — Wed, 12 Aug 2009 15:13:56 +0000

No. The provisions of the New Drivers Act are only triggered when you pass a full UK driving test. If a driving licence has been granted without you having to pass a test, the New Drivers Act does not apply.

What are the benfits of being represented by a barrister/solicitor at Court for a driving offence?

Motor Lawyers — Tue, 11 Aug 2009 08:26:53 +0000

Representation on the day should result in a more relaxed process for a Defendant as the Barrister/Advocate can deal with many of the peripheral issues and thus remove that burden from the Defendant. Likewise, it is often possible for Counsel to negotiate with the prosecution at the Court door. Any submission put forward will benefit from the Barrister’s experience, knowledge of the law/Court process and indeed the leanings of that particular Court.

I have been caught speeding. Is an instant disqualification likely?

Motor Lawyers — Mon, 10 Aug 2009 12:12:29 +0000

Generally speaking, the higher the speed, the greater the risk of an instant disqualification and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant disqualification.

If a driving ban is imposed by a Court, when does it commence?

Motor Lawyers — Thu, 23 Jul 2009 13:48:42 +0000

Any driving ban has an immediate effect. This means that you will not be allowed to drive home following a Court hearing.

What happens if I fail a breath test at the roadside but pass at the Police Station?

Motor Lawyers — Thu, 23 Jul 2009 13:45:00 +0000

No further action should be taken. It is the reading at the Police Station that will be used in any court proceedings. If you pass that test, there is no basis for the Police to proceed further and you should be released immediately.

My vehicle is registered and insured abroad. The Police tell me that my insurance policy is not valid in the UK. Is this correct?

Motor Lawyers — Wed, 22 Jul 2009 09:24:10 +0000

Whilst your policy would be valid if you drive as a visitor, if you are registered in the UK or your vehicle has been in the United Kingdom for 6 months, it has to be registered with the DVLA. Your failure to register the vehicle would invalidate your insurance policy.

How can I check that my vehicle is insured?

Motor Lawyers — Wed, 22 Jul 2009 08:50:33 +0000

Speak to your insurers or alternatively, you can check whether your vehicle is on the Motor Insurance Database online:

www.AskMID.com

Is there any benefit to having evidence reviewed by a specialist motor lawyer?

Motor Lawyers — Tue, 21 Jul 2009 14:05:24 +0000

Yes. Unless you are familiar with these matters, it is feasible that you will not be able to clarify whether the evidence is accurate or adequate. It always makes sense to have this checked and seek legal guidance at that stage.