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Alisons Legal Practice

13 - May - 2012

Alisons Legal Practice 1st for Divorce

Motoring Offences

Motoring Offences

Speed

INTRODUCTION

With increasing use of road traffic technology by the police, it is now easier to be accused of driving offences such as drink driving, speeding, driving through a red light, dangerous and careless driving and other driving offences than ever before. We offer a friendly service aimed at guiding you through every stage of a road traffic prosecution.

Our rates are fixed so you will know exactly what you will pay at the outset.

Drink driving - Driving with excess alcohol

Being charged with a drink driving offence, or receiving a drink driving ban, can be a very stressful time.

If you're facing a drink driving ban due to excess alcohol or driving whilst unfit through drink or drugs, you may be facing automatic disqualification with a long term driving ban and even imprisonment.

A conviction however is not always a foregone conclusion.On the face of it the breath, blood or urine samples would seem conclusive but there may still be possible defences against your drink driving charge. If a driving defence does not emerge then there may be evidence to justify 'special reasons' for not disqualifying you from driving.


Dangerous Driving

Possibly the most serious of motoring offences with a substantial risk of imprisonment, if convicted.

If you have been cautioned for such an offence, you need urgent expert representation long before the charge is issued. Seek our advice now for proper representation at a Police interview. This is when the right advice can make the difference between a prosecution proceeding or being abandoned. On some occasions we can also ensure that an alternative lesser offence is substituted, thus guaranteeing that there is no risk of imprisonment.

If your case proceeds to court we can assist you in putting forward your defence.

Careless Driving / Driving Without Due Care and Attention

Legally defined as allowing your standard of driving to fall below that of a prudent motorist.

This offence is often used as a "catch all" by the prosecution and carries 3-9 penalty points or a discretionary disqualification.

We strongly recommend that you seek our professional advice if you have received a Summons pursuant to Section 3 of the Road Traffic Act.

If your case proceeds to court we can assist you in putting forward your defence.

Speeding

The most common offence committed by the motorist is speeding.

The penalty range is from 3-6 penalty points and the current maximum fines are up to £2,500 for motorway offences and up to £1,000 for offences on any other road.

In the most serious cases, where the motorist is either 50% or 30 mph+ above the limit, an instant disqualification can be imposed. With our specialist advice, we can assist you in minimising the punishment and in many cases, avoiding disqualification. Likewise, we can help you in limiting the amount of a fine, and can also guide you through the Court process. Speak to us to establish how we can prepare a defence and/or mitigation argument that gives you the best chance of keeping your licence.

Penalty Points System

For the vast majority of driving offences, the punishment will consist of a fine and penalty points. Although the number of points is fixed for many offences, on others such as speeding, there is specified range, with the Court having discretion as to the number of points to impose, taking into account the circumstances of both the offence and the Defendant.

Accumulation of 6 penalty points within the first 2 years of holding a full licence will lead to revocation under The New Drivers Act, whilst reaching 12 penalty points in any 3 year period, would normally result in a totting up ban.

Totting Up

The Totting Up Procedure is enforced when a driver reaches 12 penalty points within any 3 year period. This can occur through the accumulation of points via several completely separate offences during the course of 36 months or if a number of offences are committed at the same time and the Court concludes that the appropriate punishment is 12 points or more.



Contact Us

To contact us:

Telephone: 01970 610908 (Phone lines are open 9am to 8pm)

Email: complete our form on the contacts page

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  • Alisons Legal Practice is Regulated by the Solicitors Regulation Authority. Firm ID number 510719
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