Mr Loophole’s guide to surviving the Great British staycation rush
As thousands take to the roads today after a year of lockdown, celebrity lawyer Nick Freeman shares his 10-point plan for staying safe behind the wheel
NICK FREEMAN has spent some of his happiest times behind the wheel. A good job, really, since the criminal defence lawyer – known as Mr Loophole for his uncanny ability to get A-listers off the hook – normally clocks up an impressive 50,000 miles a year. It’s a figure accrued travelling the breadth of the country to successfully represent the likes of David Beckham and Jeremy Clarkson. Or notched up, with his Staffie, George, at his side, on the long drive to his second home in the South of France. (You see, as a chronic sufferer of travel sickness, he won’t go near trains, planes or other people’s automobiles.)
Suspension of foreign travel has – for the moment – put paid to his 1,050-mile journey to the French Riviera. And it’s this last point which is particularly troubling to Freeman. Not because, like millions of others, he may have to settle for a staycation this year. “On a sunny day, you can’t beat Britain and I love NorthWales and the Lake District,” he grins.
Rather he fears the road safety impact of ill-prepared motorists, fresh out of the trap, hitting the road to take their summer break in the UK from today onwards.
“Some holidaymakers will be unused to taking long trips by car because they normally fly,” points out the divorced father-of-two. “Others will have lost the habit of driving for hours at a time because of lockdown. Either way, it’s easy to underestimate how stressful driving can be – kids fighting in the back, the pressure of congestion and delays. It can all have a huge impact on the ability to drive safely.”
Of course transgressors who drive unlawfully – say those tempted on to the hard shoulder when queues build up – could always call on Freeman’s services.AsAlex Ferguson did: the legendary Manchester United manager avoided a conviction after being caught illegally motoring down the hard shoulder of the M602 in Eccles.
“Sir Alex had a bad stomach,” Freeman says firmly. “He had to use the emergency lane to get to a bathroom as quickly as possible.The alternative was unpalatable.” Indeed, Freeman has made his name thanks to a natty line in little-known defences – so-called loopholes – mined from the deepest corners of the statute books. He successfully argued that snooker superstar Ronnie O’Sullivan was too depressed to provide a urine sample after a drinkdrive arrest and got Jimmy Carr cleared of using his phone whilst driving by arguing he was recording a joke, not making a call. Such non-interactive communi
cation is allowed, but – possibly thanks to defences like this – the Government is due to outlaw any touching of a mobile behind the wheel.
Yet Freeman is, he insists, a staunch advocate of road safety.
“I win cases on points of law. This doesn’t mean that I don’t abhor bad driving. I’ll do everything I can to improve safety on the road.” Which is why the lawyer has now produced a warning checklist to guide us as we’re at last allowed to head off to self-catering holiday accommodation from today.
“I’m never happier than when I’m out on the open road. But I’ve also learnt – through spending hours and hours driving and through knowing about motoring law – that there are lots of potential pitfalls,” he explains. “I hope my checklist helps motorists avoid problems and have a safe trip.”
‘A handsfree phone is legal but, if you have an accident, that won’t be a defence against prosecution’
1 AVOID ‘SMART MOTORWAYS’
These roads are potential death traps. There’s no hard shoulder and changing speeds can be confusing to the uninitiated driver. If you can’t avoid “smart motorways”,
and you have a problem, get into the nearside lane as quickly as possible, slam on the hazards, get out of the car and up on to the motorway embankment as fast as you can. 2
It’s worth browsing through the Highway Code. So many clients tell me they have been confused by information showing on overhead gantries. For example, what does the red cross overhead mean? (the lane is closed so leave it!). The same is true of driving on four-lane motorways – lanes three and four are for overtaking only. Lane hogging and driving too slowly all carry potential penalties. Research has found drivers have just 60 seconds to react to a new limit on an overhead gantry before cameras start snapping for speeding.
DO YOUR HOMEWORK 3 CHECK YOUR CAR BEFORE YOU LEAVE
The obvious list includes oil and water. The classic omission is tyres. The legal limit for minimum tread depth on tyres is 1.6mm with a fine of up to £2,500 plus three penalty points per tyre. Under and over-inflated tyres are also dangerous – if there’s an accident you could be charged with dangerous driving. And check the air conditioning – overheated drivers practise overheated driving.
4 LEAVE THE PHONE ALONE
A hands-free phone is legal when driving. But if you have an accident, that won’t be a defence. You will be regarded by the prosecution as not concentrating.The same is true if you have an accident while eating at the wheel or using your sat nav. And the punishment can be harsh. My advice? Only use in an emergency and, of course, only hands-free. Set off having had something to eat, having drunk enough to keep you hydrated and a sat nav system ready to go.
Any medication you take – prescription or over the counter – could affect driving, and if you have an accident you could face a raft of criminal charges depending on the circumstances. Be scrupulous about dosage and potential side effects. If you’re having a Covid vaccination, wait at least 15 minutes before you get behind the wheel. If you drive immediately after the vaccine and your driving is impaired, your insurance could be void – since the vaccination is regarded as a medical procedure.
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Always take sunglasses with you. If you’re blinded by the sun and are not wearing sunglasses, or don’t have your sun visor Sharing the drive helps beat fatigue and down, you could face a charge of driving stress. But if you do, a passenger should keep without due care and attention if you have a record of who is driving at each stage of an accident. And make sure your eye test is the journey. Obviously you shouldn’t speed. up to date. It also helps to drive in cool, But if you do – and remember not all loose- fitting clothes and trainers. cameras flash – you will be able to Comfortable dress equals safer driving. accurately complete the paperwork.
9 Make sure your car is registered at an address where Unless you’re sharing the driving, stop you’ll receive the documents. every two hours. Driver fatigue can have the And make sure your registration same effect as being over the drink-driving document (V5) is accurate. limit, where you’re at least four times more Failing to furnish it carries a likely to have an accident. mandatory six penalty points –
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and discretionary disqualification.
Avoid music that makes you want to drive faster – the courts won’t have any truck with that freeway vibe. You need to be alert, agile and calm. Don’t overreact to other people’s bad driving or cycling. Ignore it and move on.A prosecution for a “road rage incident” – there’s no specific offence of road rage – can have far-reaching consequences. You’re likely to go to prison.
NEVER HAPPIER: Lawyer Nick Freeman and his Staffie, George
5 KEEP A RECORD OF WHO IS DRIVING 6 LEAVE THE CRUISE CONTROL ALONE
Ignore it. Your brain needs to be engaged – especially with our constantly changing speed limits. Reliance on technology is dangerous (it’s why I hate the idea of self-driving cars.).And cruise control is no defence if you have an accident.The same is true of sat nav. What you see – say the fact you’re driving towards a ditch – takes priority over the device.
7 CHECK YOUR MEDS USE THE RIGHT GEAR STOP BEFORE YOU GET TIRED CHOOSE THE RIGHT PLAYLIST