http://www.driving-laws.co.uk Frequently Asked Questions on all aspects of Driving Offences and the Law Fri, 13 Aug 2010 09:42:18 +0000 http://backend.userland.com/rss092 en 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. http://www.driving-laws.co.uk/what-is-the-difference-between-careless-and-inconsiderate-driving/ 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 ... http://www.driving-laws.co.uk/i-have-been-stopped-by-the-police-for-driving-without-insurance-do-i-face-a-driving-ban/ 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. http://www.driving-laws.co.uk/does-a-drink-driving-offence-result-in-a-criminal-record/ 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 ... http://www.driving-laws.co.uk/how-much-will-a-drink-driving-disqualifciation-be-reduced-by-if-i-attend-a-drink-drive-rehabilitation-course/ 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 ... http://www.driving-laws.co.uk/which-drink-driving-offences-carry-the-option-for-a-discretionary-driving-ban/ 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). http://www.driving-laws.co.uk/i-have-received-a-notice-of-intended-prosecution-can-i-pass-this-to-my-friend-who-was-driving-at-the-time-of-the-offence/ 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 ... http://www.driving-laws.co.uk/do-i-have-to-carry-my-licence-with-me-at-all-times-when-driving/ 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. http://www.driving-laws.co.uk/will-a-drink-driving-offence-result-in-a-criminal-record/ 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. http://www.driving-laws.co.uk/can-the-police-still-prosecute-for-speeding-if-they-fail-to-comply-with-the-acpo-guidelines/ 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 ... http://www.driving-laws.co.uk/what-is-a-plea-of-mitigation/ 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 ... http://www.driving-laws.co.uk/can-i-request-the-evidence-before-accepting-a-fixed-penalty-notice/ 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 ... http://www.driving-laws.co.uk/can-i-drive-my-uninsured-vehicle-on-private-land/ 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. http://www.driving-laws.co.uk/i-have-swapped-my-foreign-driving-licence-for-a-uk-licence-am-i-subject-to-the-provisions-of-new-drivers-act/ 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 ... http://www.driving-laws.co.uk/what-are-the-benfits-of-being-represented-by-a-barristersolicitor-at-court-for-a-driving-offence/ 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. http://www.driving-laws.co.uk/i-have-been-caught-speeding-is-an-instant-disqualification-likely/ Any driving ban has an immediate effect. This means that you will not be allowed to drive home following a Court hearing. http://www.driving-laws.co.uk/if-a-driving-ban-is-imposed-by-a-court-when-does-it-commence/ 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. http://www.driving-laws.co.uk/what-happens-if-i-fail-a-breath-test-at-the-roadside-but-pass-at-the-police-station/ 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. http://www.driving-laws.co.uk/my-vehicle-is-registered-and-insured-abroad-the-police-tell-me-that-my-insurance-policy-is-not-valid-in-the-uk-is-this-correct/ Speak to your insurers or alternatively, you can check whether your vehicle is on the Motor Insurance Database online: www.AskMID.com http://www.driving-laws.co.uk/how-can-i-check-that-my-vehicle-is-insured/ 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. http://www.driving-laws.co.uk/is-there-any-benefit-to-having-evidence-reviewed-by-a-specialist-motor-lawyer/