Driving Offences
There are a vast number of different driving offences; many are so technical and complicated in their nature that prosecutors and police can find themselves making legal mistakes. We know that what appears to be a simple speeding offence can, in fact, be a legally complex matter with grave consequences for you.
There are a vast number of different driving offences; many are so technical and complicated in their nature that prosecutors and police can find themselves making legal mistakes. We know that what appears to be a simple speeding offence can, in fact, be a legally complex matter with grave consequences for you.
Whether you’ve been stopped by the police, received a court summons or been charged with an offence, get in touch with us to see what your options are. You might have a defence. You might have an argument that can mean avoiding penalty points or disqualification. You might have something in your personal circumstances which would persuade a court to deal with you leniently. The important thing is to get yourself informed quickly, as time is often crucial with road traffic offences.
Caught Drink Driving?
If convicted of the offence commonly known as Drink Driving a 12 month minimum disqualification is almost inevitable. However, for the most serious offences, disqualifications can be as long as 3 years and be accompanied with a period of imprisonment.
How Road Law Barristers can help
Drink Driving can be committed in many different ways. For example, you could be guilty of an offence by simply failing to provide a specimen of breath even if you have not been drinking. You may also be convicted of an offence by being in charge of your car whilst drunk, even if you were not driving. It is one of the few areas of English Law where you are required to provide evidence against yourself but, because of this, there are complicated procedures that the police must follow, any deviation from which our barristers are experts in finding and exploiting these to your advantage.
We advise you of your various options, so that you are in the best position to decide how you would like your case to proceed.
We help you prepare a defence that aims to help you keep your driving licence and to minimise any the penalty.
Employing a road law specialist in-depth knowledge of the law relating to drink driving can ensure that any penalty is appropriate to your circumstances.
We provide drink driving advice, support and representation for court cases in Leeds, York, Northallerton and across Yorkshire and the North East.
Caught Speeding?
Having been caught speeding many people’s first instinct is to simply admit the charge, accept the punishment and get on with their lives. However, we know that at just 11 mph over the limit you may face a period of disqualification, which is a penalty that may make carrying on as normal almost impossible. Our experienced barristers will be able to fully investigate your case so as to ensure that you do not accept any punishment that you do not have to. Whether this leads to a defence to the charge or a submission of Exceptional Hardship or Special Reasons, we will explore every means of keeping you on the road.
How Road Law Barristers can help
We advise you of your various options, so that you are in the best position to decide how you would like your case to proceed.
We help you prepare a defence that aims to help you minimise any the penalty.
Employing a road law specialist in-depth knowledge of the law relating to speeding can ensure that any penalty is appropriate to your circumstances.
We provide speeding offence advice, support and representation for court cases in Leeds, York, Northallerton and throughout Yorkshire and the North East of England.
Failing To Name Driver
Section 172 of the Road Traffic Act 1988 gives the police a power to demand information from you relating to the identity of a driver. If you are the keeper of a motor vehicle suspected to have been involved in an offence, e.g. speeding, you may find yourself receiving one of these notices in the post. Failure to respond, or failure to provide the details requested (if they were in your power to give), is an offence punishable with a fine and 6 penalty points. So, you are likely to be punished more harshly than the driver of the car would have been for the original offence.
The law in relation to this offence is not straight-forward. There are a number of defences open to those accused of not properly responding and the police might be unable to establish that the requirement to provide information actually applies to you.
It may be that you cannot afford to have 6 additional points on their licence. It may be that you tried to find out who the driver was but were unable to. Often it is the case that you sent the notice back but it was never received by the police. Whatever the circumstances, our Road Law Barristers can use their years of experience to find your best possible avenue of defence.
Careless & Dangerous Driving
If you are convicted of careless driving, you can be given anywhere between 3 and 9 penalty points, and in the worst cases, the court will consider disqualification. If you already have penalty points on your licence, this might mean that you are left with a total of 12 points, resulting in an immediate disqualification from driving – at best an inconvenience, but at worst, financial disaster for those whose livelihoods depend on being able to drive.
As barristers, we know how best to challenge the evidence against you in court and present your case to the magistrates in the very best light. We are your best chance of avoiding a criminal conviction, penalty points, and possible disqualification.
Dangerous driving is a more serious offence than careless driving, attracting even harsher sentences. Anyone convicted of dangerous driving is automatically disqualified for at least 12 months, and must pass an extended driving test before they are ever allowed to drive again. But punishments go even further than that: in the most serious cases, you might find yourself going to prison. With so much at stake, can you afford to have anything but the best representation?
Some dangerous driving cases are so serious that the rules do not allow us to take instructions directly from clients, although we are happy to recommend good criminal solicitors who will usually instruct a barrister on your behalf.
In less serious cases, we are happy to represent you on a direct access basis, without the need for a solicitor. We can help you go through and understand the police evidence in the case, and decide upon the best course of action. Sometimes it makes sense to take the case to trial, when we can use our skills to challenge and undermine the police evidence in court. In other cases, it is less risky to admit the offence and let us persuade the court to pass the most lenient sentence possible. Whichever course you decide to take, we will be supporting you throughout, giving you the best chance of avoiding a prison sentence.
Causing Death By Driving
These are serious criminal offences which usually, in the case of causing death by dangerous driving, result in prison sentences. Causing death by careless driving may, in the least serious cases, result in a lesser sentence.
Because these offences potentially have such grave consequences, the rules do not allow us to take direct instructions from clients charged with causing death by careless or dangerous driving. We strongly recommend that you instruct a criminal solicitor in cases of this kind, who will ordinarily instruct a barrister on your behalf to represent you in court. We are happy to recommend good criminal solicitors who can help you.
Driving Whilst Using A Mobile
It is a criminal offence to use a mobile phone whilst you are driving a motor vehicle. Many people don’t realise that this applies even when the vehicle isn’t moving; if you use your mobile phone whilst stationary at traffic lights with the handbrake on, you are still committing the offence; but if you were parked at the side of the road at the time, you might have a defence.
Another common myth is that you can only be guilty if you were actually talking on the phone. If you read or send a text message whilst behind the wheel, or listen to a voice message, or use an app, you can still be convicted of the offence. You can even be convicted simply for picking up the mobile in your hand to look at the screen.
Anybody caught using their mobile phone whilst driving is automatically given 3 penalty points. If you are approaching 12 points on your licence, the consequences of this could be disastrous.
If you deny the offence, we can put our trial expertise to use on your behalf, challenging the evidence presented by the police. If you admit using your phone whilst driving, there might be special reasons in your case why the magistrates should not impose the penalty points. If so, we can argue your case before the magistrates so you stand the best chance of avoiding the points.
Driving Whilst Disqualified
Driving whilst disqualified is a serious offence, which can result in imprisonment. Once charged with the offence, the police may seek to remand you in custody before your first court appearance. With expert representation, you are in the best position to avoid a conviction or persuade a court to be lenient upon sentence.
Alternatively, you may have been disqualified but would like advice on whether the ban can be removed before its expiry date. We know that your personal circumstances can change during the period of a disqualification. In certain circumstances, you can make an application to the court to have your disqualification removed. Click here to find out more about how we can help you with the removal of a disqualification.
Regulatory Offences Livelihood
Our services also extend to cover representation for regulatory offences involving those driving Heavy Goods Vehicles or Passenger Carrying Vehicles, Taxi or Hackney Carriage Licence applications or appeals, Operator’s Licence applications or disciplinary appearances before a Traffic Commissioner.
Clients involved in these industries are already aware of the complex nature of the regulatory framework governing both drivers and operators, and the strict enforcement of those rules. We appreciate that even a minor departure from the terms of your licence may result in disciplinary action, with a catastrophic effect on your livelihood either as an individual or a company.
Appearing recently before the Traffic Commissioner for the North-West sitting at Wigan, a member of our team was able to successfully avoid the suspension of an operator’s licence where the operator had failed to notify the authorities of a change in ownership of the vehicles. Instead, the operator was granted a probationary six-month licence with a further review to consider compliance.
Accidents
If you are unfortunate enough to be involved in an accident, in certain circumstances, you are required to stop and give your name and address to anyone who reasonably requires it. Not giving your name and address for any reason gives rise to the further requirement to report the accident to a police station. If you have been charged with either of these offences, our barristers will carefully analyse the circumstances of your case to see if they give rise to the requirement to stop or if you have a defence to failing to report. Through our examination of the circumstances of your case and how the law applies to them, a case that may on the face of it seem hopeless could give rise to a defence.
The penalty for failing to stop at the scene of an accident could be immediate disqualification. Why not contact a member of our team? We will be able to advise you if you have a defence to the charge and if not, endeavour to persuade the Magistrates to sentence you to a penalty that allows you to remain on the road.
Document Offences
There are a range of offences relating to driving documentation such as driving without insurance, vehicle MOT, road tax and driving otherwise than in accordance with a licence. Many people innocently find themselves committing document offences. For example, by not renewing your photo driving licence every ten years you may find yourself fined. Similarly, driving on a provisional licence without displaying ‘L’ plates is driving otherwise than in accordance with a licence, which would lead to the imposition of 6 penalty points.
The law on these offences is very strict. For the most part, if you do not have valid insurance or road tax you are guilty of an offence regardless of whether you knew about it. However, we are experienced in finding ways to avoid the imposition of penalty points. It could be argued that a special reason applies in your case so as to persuade the court not to impose penalty points. For example, you may have been misled about having insurance on your vehicle. To find out if a special reason applies in your case, or if you have a defence to a document offence, contact our team.
Vehicle Defects
When was the last time that you checked your brake lights when setting off for a long journey? Although it might seem like a trivial matter, vehicle defects are easily detectable by the police and can carry severe penalties: In the case of defective tyres each tyre carries three penalty points, whilst defective brakes or steering can lead to fines of up to £2,500.
Whilst there are no specific defences available to such charges, it has been successfully argued on behalf of clients in the past that special reasons exist not to endorse the licence with penalty points, where for example an emergency has arisen or the distance driven was relatively short.
