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Motoring Offences

Motoring Offences

We are a specialist criminal practice with vast experience in all road traffic offences. We can assist you in advising on the appropriate plea at your very first Court appearance, as well as preparing your matter for trial or putting forward mitigation on your behalf at Court to either lower any disqualification or avoid a disqualification altogether.

It is an offence to drive or even attempt to drive a motor vehicle on a public road or other public place whilst over the prescribed limit.

It is also an offence to be in charge of a motor vehicle whilst under the influence of drugs or alcohol.  For example, if you are seated at the driver’s seat with the ignition on listening to music.

It is certainly not the case that if the police say you are over the limit then you are.  Frequently, we have been successful at trial when we have shown that the police have not adopted the correct procedure.

Upon conviction, a disqualification is mandatory. Its length is dependent upon the amount of alcohol in the system and if this is the first drink driving offence. If you have a similar conviction within 10 years then it is a mandatory starting point of three-year disqualification.

If you are stopped under suspicion of drink driving and refuse or do not provide a specimen of breath then you will be prosecuted, regardless of whether you drove or not. All the police need to show is that they had suspicions you had, or were going to, drive.

The defences are very limited and only if you were physically incapable of providing a specimen due to a medical reason would you have a potential defence. If this is the case then it is imperative that you mention this during the interview.

The starting sentence is an 18-month disqualification, and this can also attract a community order or even in some circumstances a custodial sentence.

Speeding is a common offence and the majority of people accept the penalty points and fines without even viewing the evidence against them.

At Vyman, we have successfully defended many people by reviewing the evidence against them. Should you instruct us, we will prepare your papers putting them under close scrutiny and where necessary instructing experts on your behalf.

Points are dependent upon how far over the speed limit you were and the circumstances around the driving. You will also face a financial penalty which will be means tested but can range from £100 to £2,500.

It is an offence to use a mobile phone while driving, unless the driver can operate it without the need to touch it. You can be convicted even in stationary traffic so beware. As a rule of thumb if the engine is on don’t use your phone.

It’s illegal to use your phone while driving unless you have hands-free access like a Bluetooth handset or voice command. Even with hands-free, you have to be able to show that you have full control of your vehicle.

In 2017, the penalty for this has doubled from three to six points and a £200 fine. If you are a new driver, your license will be revoked if you get six or more points within two years of passing your test. You will have to apply for a new provisional license and pass both theory and practical parts of the driving test again to get a full license. We regularly defend these matters so all is not lost.

This is an extremely serious offence which is often committed to be dealt with at the Crown Court. The test is whether the driving has fallen way below that of a competent driver and is dangerous.

There is no exhaustive list of what actions would constitute dangerous driving but the following are some recent examples: racing, driving on the wrong side of the road or through no entry signs, excessive speed and dangerous overtaking.

Upon conviction, it is an automatic disqualification and your licence will be revoked. You then have to sit an extended retest. You may also face a custodial sentence of two years.

Magistrates treat driving without insurance very seriously. The penalty guidelines are six to eight penalty points or even a disqualification. However, we can try and argue special reasons which would mean your licence would be endorsed but you would not receive any points. Therefore, before you accept the points call us first.

Also, if you were driving a company vehicle and you had the reasonable belief that you were insured then please get in touch as you may have a statutory defence.

Most road traffic matters will start with a Notice of Intended Prosecution (NIP). This has to be sent within 14 days of the offence. If this is not the case then you must contact us as we may be able to deal with this matter without the need for a Court appearance.

A NIP must be responded to by the registered keeper within 28 days. Failure to do so will result in a prosecution and a penalty of six points.

For all enquires relating to Motoring Offences, please call 01474 537 270 or email info@vyman.co.uk