Road Traffic Offences Solicitor
You may already be aware that once you have acquired twelve penalty points on your licence within a three year period, you risk disqualification. The usual period of disqualification for the first instance of "totting up" twelve or more points is six months. If it is your second period of disqualification for totting up, you risk a disqualification of twelve months and for your third totting up, a disqualification of two years may be incurred.
However, it is possible to avoid disqualification if the court is persuaded that "exceptional hardship" would result, such as if you depend on your licence for your livelihood.
The firm has experienced Magistrates Court advocates who have a high level of success in exceptional hardship applications.
Excess Alcohol
If you are convicted of driving with excess alcohol, disqualification for a minimum of twelve months is mandatory. Disqualification for failing to provide a specimen of breath at a police station is mandatory, although it is at the discretion of the Magistrates as to whether they impose a disqualification for failing to provide a specimen at the roadside. Driving whilst unfit through drink or drugs can also attract a disqualification.
Speeding
Most speeding offences attract between three and six penalty points; however, speed in excess of thirty miles above the speed limit will risk disqualification.
Driving whilst Disqualified
The imposition of a driving disqualification is regarded by the court as a serious matter. Driving whilst disqualified will often lead to a custodial sentence. It is occasionally possible to persuade the court to remove a disqualification part-way through. We can advise you as to the making of an application to remove a disqualification and represent you at the court hearing.
Death by Dangerous Driving
This is a matter which can only be tried at the Crown Court. The maximum penalty on conviction is 14 years imprisonment. Disqualification for a minimum of two years is mandatory, together with an extended re-test.
Corporate Offences and Liability
Corporate bodies need to be aware of the possibility of being held vicariously liable for the activities of their employees. It is advisable to have clear policies in place to reduce the risk of incurring liability for employees' transgressions. It is advisable for Companies to seek advice in relation to drafting such policies, to reduce their liabilities.
Tachograph Offences
In relation to tachograph offences, companies as well as individuals can be held responsible for breach of complex tachograph regulations.
Use of Mobile Phones
It is an offence to use a hand-held mobile phone whilst driving. A device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function.
The current law includes an offence of “causing or permitting” a driver to use a hand-held phone while driving. This will, therefore, apply to employers who will be guilty of an offence and liable to penalties (outlined below) if they require or permit their staff who drive for work, to use a hand-held mobile phone while driving.
This offence is punishable by the imposition of three penalty points upon your driving licence and a fixed penalty of £60 (up to a maximum of £1000 for private vehicles and £2500 for commercial vehicles if the matter is unsuccessfully challenged at Court).
Inquests
Where death occurs in a road traffic incident, a summons may be issued to potential witnesses to attend the inquest. We can arrange for you to be represented in the event that you are summonsed to attend an inquest.
Contact Us
For more information about how Richard Nelson Solicitors can assist you with motoring and road traffic matters visit our additional website www.keepmedriving.com where you will find a wide range of useful and practical guidance on matters relating to speeding, drink driving, careless and dangerous driving and whole range of other driving related matters.
We offer telephone advice during which we can provide preliminary advice in respect of all road traffic offences. If the matter is one which requires representation at court, we can agree a fee on an hourly rate or fixed fee basis.
Should you require advice or representation in respect of a road traffic matter please contact us.