Road Traffic Offences
Whether you have received a NIP (Notice of Intended Prosecution), been summonsed for an offence, or been charged and bailed to attend Court, you should contact Richard Nelson LLP for expert legal advice. Our team of professional lawyers has significant experience in dealing with all your legal needs.
Totting up
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. However, because the procedures to take a sample of breath, blood or urine are extremely technical, there may be errors in that procedure which can lead to the exclusion of those samples as evidence which would likely result in an acquittal. You should contact one of our legal team for advice to see if there is anyway of avoiding a disqualification.
Whilst a disqualification is usually mandatory, there are certain exceptions, called “special reasons” which will allow a convicted driver to avoid a disqualification. Again these reasons are extremely technical in their nature and a correct application of the case law involved is essential. Should you wish to discuss the possibility of running a special reasons argument you should contact our specialist team for advice.
In the event that a conviction and disqualification is unavoidable, our team of experienced advocates have an excellent record of ensuring that the disqualification imposed is towards the lowest end of the scale used by the Courts determining the length of ban. We are also able to persuade the Court to offer a driver rehabilitation course to reduce the period of disqualification further.
Failing to Provide a Specimen
Disqualification for failing to provide a specimen of breath, blood or urine 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.
As discussed in the Excess Alcohol section, the procedures for requiring specimens of breath are extremely technical and there is significant case law detailing how specimens must be requested by the police. If you have any doubt regarding the procedure conducted, by the police, you should contact us for advice immediately.
Drunk In Charge
Unlike driving with excess alcohol, a conviction of this nature will not lead to a mandatory ban. However, the Magistrates will almost certainly be considering a disqualification.
Offences of this kind are defendable if there was no likelihood of the person in charge driving whilst they are over the limit. Despite representations which are likely to be made by the police, this can cover people who sleep in their cars even where the keys were in the ignition. If you believe you may have a defence of this nature, you should contact us immediately to discuss your options.
You should contact us for advice if you are a facing an offence of this nature as we may be able to assist in terms of defending you or avoiding a disqualification.
Driving without Due Care and Attention
To be guilty of an offence of driving without due care, a persons standard of driving must fall below that of a reasonable and competent driver. Offences of this nature usually attract between 3 and 9 penalty points or in certain circumstances a disqualification.If you are facing an offence of this nature, you should contact us for advice, we have an excellent record of helping people avoid convictions of this nature or if they are convicted, avoiding a disqualification.
Dangerous Driving
To be guilty of an offence of dangerous driving, a persons standard of driving must fall far below that of a reasonable and competent driver. Offences of this nature will attract a disqualification and in certain circumstances a community or custodial penalty.
If you are facing proceedings in respect of an offence you should contact us immediately to arrange representation.
Speeding
Most speeding offences attract between three and six penalty points; however, in certain circumstances a disqualification will be considered. With many forms of employment being contingent on holding a driving licence, it is important that you contact us for advice as soon as you receive notice of a speeding offence whether you are looking to avoid a speeding conviction or simply minimise the punishment received. Our expert lawyers have an excellent record of either avoiding convictions or avoiding disqualifications.
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. Not only will the matter be dealt with before the Magistrates, it is likely that the matter will also be brought before the Traffic Commissioner for their consideration.
Not only will convictions of this nature severely curtail a persons ability to conduct their work, it should also be noted that many tachograph offences relate to fraudulent activities which would severely damage the character of those involved. It is essential for anyone who has notice of offences of this nature (whether by interview with VOSA representatives or by summons to Court), to contact our expert team to discuss their options.
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.
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 LLP 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. In certain circumstances, we may be able to offer representation on a legal aid basis.
Should you require advice or representation in respect of a road traffic matter please contact us.