Road traffic defence – Falling foul of the law?

Most of us consider ourselves to be law abiding citizens and good drivers. However, anyone who has a driving licence and a car is potentially at risk of falling foul of the law at some point in their life, and even appearing before the criminal courts for

Road traffic offences vary significantly in seriousness, from minor speeding offenses punishable by attending a speed awareness course, to offences of causing death by dangerous driving, punishable by a custodial sentence of up to 14 years. It’s easy to ignore the suggestion that this could happen to you. It can happen to absolutely anyone and the consequences can be life changing. Even the accumulation of penalty points can result in a disqualification from driving for a minimum period of six months, which can have a devastating effect on your career, finances and family life. The most obvious advice is to drive safely, thoughtfully and always within the law. If, unfortunately you have fallen foul of the law we’ve provided some general advice to ensure that you know what to do in the first instance if you ever find yourself in need of representation for a road traffic offence. What are the most common road traffic offences? Speeding offences Speeding offences are increasing common due to the different methods of speed detection, including formal police checks, average speed cameras and temporary speed restrictions (to aid traffic flow on “smart motorways”). All of these require the maximum attention of the driver at all times. If you enter a 40mph speed zone on a motorway at 70mph, you could find yourself with six penalty points or a disqualification from driving of up to 56 days. Speeding cases can often lead to totting up disqualifications; if you receive 12 penalty points within a three year period then the courts must disqualify you for a minimum of six months, unless you can convince the Court that to do so would cause you exceptional hardship. Drink driving cases Drink drive cases are very common including morning after cases, where somebody’s had a lot to drink and got up early the next day to go to work or do their weekend chores and not realised that they’re still over the legal limit. There are other drink driving offences such as being ‘in charge’ of a vehicle (as opposed to driving it) when in excess of the prescribed alcohol limit and failing to provide an evidential specimen when required. This is a very technical and complex area of law and requires expert advice from the outset. Documentary offences The most common documentary offences are failure to furnish driver identification and allegations of driving without insurance. Ensuring that you are insured on an annual basis is as important as responding to a Notice of Intended Prosecution (NIP – speeding ticket). If you do not properly respond to the Notice of Intended Prosecution or if you accidentally fail to renew your insurance you will be sentenced to six penalty points for each offence. Two offences within a three year period can put you at risk of a six month disqualification. Common mistakes The process of responding to road traffic offences is very important and can alter the outcome. For example: People often complete the Notice of Intended Prosecution in a manner that falls foul of the law. For example, if you’re unable to be sure who was driving at the time of the offence, it’s common for responses to the police request for driver identification to state they cannot be sure it was either “myself or my wife”. This is not an adequate response in law and would result in six point endorsement on your driving licence for failing to furnish driver details. You must provide all the information that is within your power to provide. This means the name, address and date of birth of each potential driver. Another common mistake is defendants attending Magistrates Courts unrepresented on a case they consider to be a minor matter and expecting the court to treat them reasonably. The courts often do not have the power to do anything other than disqualify defendants in certain circumstances. We are frequently instructed after a person had been disqualified from driving as they expected the court to give them a fair hearing but find out the hard way that this is often not the case. Are there loopholes for road traffic law? No. There is no trick to properly representing defendants in road traffic defence cases. It’s simply a case of thorough knowledge of the law, correct application and having the experience to know how a case will progress. What should you do? For the following offences we suggest that you contact us as soon as possible for expert advice. Notice of Intended Prosecution Speeding offences/ Stopped at the roadside Summon received straight away (no Notice of Intended Prosecution) Arrest/interview More serious driving offense We offer a free initial telephone consultation and this will provide you with the basic information as to what you need to do and how seriously you need to take the case. If the consequences are a fine (i.e. parking fine) or points that don’t lead to loss of licence it may not be necessary or appropriate to seek legal support.