Although road traffic laws are designed for the safety of drivers, cyclists and pedestrians the penalties for breaking the rules can be devastating.
Offences can lead to points on your license, disqualification, fines and a custodial sentence. Even if you believe the motoring offence to be minor, the law demands you receive penalty points if you are found guilty. A few moments of inattentiveness over 12 years can lead to disqualification.
This can have a serious impact such as losing your livelihood.
There is a range of motoring offences motorists can be faced with, and as such consequences vary.
Mi solicitors specialise in motoring offences and can advise on but not limited to:
Accidents caused by using mobile devices has caught more attention over the years, with the offence now carrying an automatic 6 points penalty and a fine.
The use of a mobile phone whilst driving includes interacting with the phone in any way. This applies to whether you are stationary at the lights or side of the road. As long as the vehicle engine is running, you can be charged with the offence.
What about using a sat nav?
You may use a sat nav by looking and listening to it. But if you touch the sat nav or a hands-free phone to answer a call, this could result in being charged with an offence.
If you believe you have been unfairly treated, or that the police had made a mistake. Then contact us to correct this wrong.
If you are caught speeding you may have to complete a speed awareness course, receive penalty points between 3 and 6 points, disqualified for a certain period of time and receive a fine.
In the majority of cases, you will receive an FPN (fixed penalty notice) which is a fine of £100 and 3 penalty points to your licence.
In the event of being caught speeding, the owner vehicle will receive a NIP (Notice of Intended Prosecution), alongside a Section 172 notice asking for the information of the driver in question.
If you wish to challenge the ticker or allegation, the vehicle owner must still fill in Section 172, which will lead to the driver in question receiving a Section 172. This may result in a fixed penalty, speed awareness course option, or a referral to the courts for which an SJP (single Justice Procedure) is issued.
There are ways to challenge the speeding ticket, such as if you were not the driver, or the speed limit sign was not visible. However, ‘I did not realise I was going that fast’ is not a defence, nor of falsifying a NIP such as incorrect details will not dispute the speeding ticket.
If you wish to challenge the ticket, then contact MI solicitors now. We can review the evidence against you, assess the strength and weaknesses of it and provide you with the best strategy.
Driving under the influence of drugs doesn’t only refer to illegal drugs, it is also illegal to drive whilst under the influence of high levels of common medicines such as diazepam and temazepam, which are used to treat anxiety and insomnia.
This is because in certain quantities they can cause drowsiness, affect concentration, coordination and reaction times.
Can the police detect drugs inside of me?
Yes, with the use of blood tests, the police can detect drugs in your system from prescription to illegal drugs such as heroin. Also, Cocaine and cannabis can be detected using roadside saliva test kits, also known as ‘drugalysers’.
A positive ‘drugalyser’ test will result in a blood test at the station which
is considered evidential. The science behind testing motorists for driving under the influence of cannabis is relatively weak. You may find that the blood test exceeds the limit, despite not feeling any signs of intoxication. However, the prosecution does not need to prove the driving was impaired, just that the driver had drugs in his system, making cannabis particularly risky.
A sentence could be 12 month driving ban, £5,000 fine and up to 6 months in prison.
Drinking driving and failure to provide a specimen
This is when the driver suspected of drink driving is asked to provide a specimen for the police to prove they were over the limit, however fails/refuses to provide the specimen. A defence is can be used if the defendant had a valid reason as to not proving the specimen or the correct procedure was not followed.
This is not the same as a drink driving offence, as this is where the police cannot prove the ‘driving’ aspect of the offence. This is where expert legal advice is vital for your defence.
If you are involved in a collision, by law you must stop the check if everyone is okay and report it to the police if there was damage or injury. This would include checking if all persons involved are okay and exchanging details with other drivers, as well as to see and report if an animal is okay if you had hit it, even by accident. This law is put in place to protect life and property. A failure to follow this law can be very serious with penalties of up to 26 weeks in prison or an unlimited fine.
It is also not enough to argue you thought someone else was going to report.
If you have failed to stop at the scene of an incident or report it and have been contacted by the police in regard to this. You need to speak to a specialist solicitor at MI solicitors immediately, and ideally before giving a statement.
This is defined as when the standard of driving is below that which is reasonably expected of a careful and competent driver. As well as the actions of the dangerous driving being a cause of death. Note, this does not have to be the sole cause or direct cause of death, but that the dangerous driving was a cause.
dangerous driving can be:
ignoring road signs
operating a vehicle that is not road safe
driving under the influence of drugs and alcohol
if you are charged by the police for death by dangerous driving, it is imperative you call a legal expert to aid in your defence. MI solicitors will gather evidence and advice their clients on the best course of action.
A prosecution will first need to prove that the driving was considered dangerous, and it was a cause of death. A defence team will need to examine all their evidence to understand its strengths and weaknesses.
MI solicitors have a keen eye for detail. And will not leave any stone unturned.
Causing death by dangerous driving vs careless driving vs inconsiderate
The aforementioned was dangerous driving with stated examples. Careless driving would be, undertaking, pulling out at junctions
And inconsiderate driving would be, flashing your lights to approaching cars, or staying on the outer lane of a motorway.
Despite not being considered dangerous. The penalties can still be severe, with up to 5 years in prison
Running a Red light
Causing death by dangerous driving
Failure to provide documentation
Driving under the influence of drugs,
And offences relating to taxis
It’s becoming more and more common for a motorist to get caught with the increased use of speed cameras, radars and increasing traffic congestion.
Are traffic tickets final?
Even if the rules of the road are clear, we can argue the strength of the evidence used against you. For example, road signs aren’t always clear, cameras fail to show circumstances surrounding the incident, or reliance on unsubstantiated witness reports.