Road Traffic law is a complex area of law, and it is essential that you get the right advice from a specialist. The loss of a driving licence can cause huge damage in terms of loss of job, financial loss, and loss of freedom of movement. At Tank Jowett Solicitors we ensure that you exercise your legal rights to challenge evidence wherever necessary. Below are the main areas of driving law. Early advice is essential.
Drink Drive
Drink Driving is a serious offence. The legislation governing Drink Driving is complex and highly technical, and yet the penalties involve a minimum ban of 12 months and in extreme cases up to 6 months in prison. Depending on the facts, there may be several possible challenges to the evidence. Representation in this area of driving law includes addressing:
– Breathalyser equipment
– The question of driving or attempting to drive
– Alternative offences which do not require a compulsory ban
– Whether the drink drive procedure was properly carried out
– Possible ‘special reasons’ for not imposing disqualification
Failing to provide a specimen of breath
If the police have reasonable grounds to suspect that you were driving or in charge of a vehicle, and you refuse to provide a breath specimen when asked to do so by a police officer, either at the roadside or at the police station, you may be guilty of an offence – unless you have a reasonable excuse.
You can be arrested and taken to a police station, and required to provide a sample of breath, blood or urine.
Failing to provide a sample is generally regarded as more serious than drink driving itself, and carries a mandatory disqualification of at least 12 months.
Speeding
The law regarding speeding is covered by the Road Traffic 1988 and the magistrates court have sentencing guidelines to follow when imposing penalties, which range from points on your licence to a driving ban, and financial penalties. Representations can reduce the penalties imposed. Before accepting a speeding conviction it can help to seek advice on whether it is possible to challenge the evidence.
No insurance
Driving a vehicle without insurance is a criminal offence and usually carries a penalty of between 6 points and a driving ban, depending on the circumstances. The police have equipment enabling them to tell if a car has insurance, and the usual penalty can only be avoided in very limited circumstances including:
– an employee driving his employer’s car which does not have insurance
– it may be possible to argue that there are ‘special reasons’ for not imposing disqualification, including, but not limited to, a reaonably held belief that the insurance was in place, or that there were other extenuating circumstances as to why the car was driven.
Dangerous and Careless driving
Dangerous driving can include racing, driving aggressively, driving under the influence of drink or drugs, using a defective vehicle, using a mobile phone whilst being distracted, or not being fit to drive, and the penalties include up to two years in prison and a minimum one year ban. The question of whether driving was dangerous can be addressed by representations.
Careless driving occurs when the defendant’s driving falls below the standard expected of a competent and careful driver. This is a lower standard than dangerous driving, but can still lead to a driving ban, and proper representation is essential.
Causing death by dangerous/careless driving
The maximum sentence for causing death by dangerous driving is 14 years imprisonment; for causing death by careless driving the maximum sentence is 5 years imprisonment.
Over the past 20 years, the lawyers at Tank Jowett Solicitors have dealt with countless such cases. The death of a person on the road is a tragedy, but these cases can also cause immense stress for the driver facing such charges, and the pressure on that person, in terms of feelings of guilt, upset and stress can also be life changing. Tank Jowett offer robust representation in the most difficult of circumstances to ensure justice for all parties.
Early advice and representation at the pre charge stage is essential, before a prosecutor has made up their minds as to which charge to prefer, or even whether to charge at all, and successful representations at the beginning can affect the process at the outset.
Examples of our past cases can be seen in our case histories.
Driving whilst disqualified
The Courts take a tough approach to persons found driving on a ban. The maximum sentence is 6 months imprisonment. The Magistrates often impose such penalties, on the basis that the defendant completely ignored a court order. Additional aggravating features include the fact that by virtue of the disqualification, any driver will automatically be driving without insurance, placing other road users at further risk.
Issues can often include whether the person knew they were disqualified, passage of time since the original ban, or whether there were any aggravating features to the driving.
The above are the more usual offences dealt with by Tank Jowett Solicitors but further offences regularly seen, where representation should be sought include:
– Mobile phone offences
– Failing to provide driver information (s.172 offences).