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Motoring Offences

Common Motoring Offences

Being stopped by the police, being caught by a speed camera or receiving a Summons through the post for a motoring matter can be very stressful and have serious consequences.

Road Traffic Law is a complicated area of the Law for which expert advice and assistance should be sought. If you fail to do something that you are legally required to do, fail to provide information or simply miss deadlines you could find yourself with points of your licence or even looking at a disqualification.

The following information is intended as a guide for the most common offences only and doesn't take account of individual circumstances. Road Traffic law is a complex area and if you are charged with such an offence or are summonsed to Court for any Road Traffic offence then please contact us for some initial advice. It could save your licence.

DRINK DRIVING

Driving whilst over the prescribed limit (drink driving) is a serious offence which carries a mandatory disqualification for a minimum of 12 months unless special reasons exist. This can be reduced by the completion of a drink drivers' rehabilitation course. The higher the reading the longer the disqualification will be.

You could be at risk of going to Prison if your reading is very high.

DRUNK IN CHARGE

If you are convicted of this offence you could be disqualified from driving for up to 3 months or have 10 penalty points endorsed on your licence. Disqualification is discretionary. There are a limited number of technical defences available to the charge. Please contact us for further advice.

FAILURE TO PROVIDE DETAILS/STOP AFTER AN ACCIDENT

This offence carries a discretionary disqualification, 5-10 penalties points and could result in a custodial sentence of up to 6 months.

FAILURE TO PROVIDE A ROADSIDE BREATH TEST

If you fail to provide a roadside breath test then you commit an offence. This offence carries 4 penalty points or a discretionary disqualification.

FAILURE TO PROVIDE EVIDENTIAL BREATH TEST IN POLICE STATION

This offence would usually be committed where you have been found driving or attempting to drive and have been asked to take a breath test at the Police Station. You could receive a prison sentence of up to 6 months and carries a minimum mandatory disqualification of 12 months. There are a limited number of defences available to this charge. Please contact us for further advice.

SPEEDING

We can advise on all technical issues in relation to speeding. You would be guilty of speeding if you drove on a road exceeding the stated speed limit. This offence carries 3-6 penalty points or a discretionary disqualification.

The number of penalty points endorsed or the length of the disqualification imposed will depend on how much over legal limit for that particular road you were travelling.

If you are driving more than 30 miles per hour over the legal limit stated for that particular road then the Court is likely to consider a period of disqualification.

In certain circumstances a disqualification can be avoided if there would be "Exceptional Hardship".

If you are concerned about the evidence against you or the loss of your licence please contact us for further advice.

CARELESS/INCONSIDERATE DRIVING

This offence carries 3 to 9 penalty points or a discretionary disqualification.

DANGEROUS DRIVING

This is one of the limited numbers of Road Traffic offences that can be dealt with at the Crown Court. You could receive a custodial sentence of up to 6 months in the Magistrates' Court and up to 2 years in the Crown Court.

It is a very serious offence and you should seek immediate legal advice.

NO INSURANCE

You would be guilty of this offence if you drove a motor vehicle without a valid Insurance Policy in place. This offence carries 6-8 penalty points or a discretionary disqualification.

NO TAX/MOT

You would be guilty of this offence if a motor vehicle registered in your name was present on a public road without a valid MOT certificate or Vehicle Excise Licence (Tax). These offences do not carry penalty points. In addition you could be fined or ordered to pay 5 times the duty whichever is the greatest.

NO DRIVERS LICENCE (Driving otherwise than in accordance with your licence/driving without a licence)

You would be guilty of this offence if you drove a motor vehicle on a public road without holding a full valid drivers licence or drove a vehicle whilst holding a provisional licence but did not comply with the requirements of the provisional license eg no L Plates or qualified driver supervising.

This offence carries 3 - 6 penalty points or a discretionary disqualification.

NEW DRIVERS

If you have 6 or more points endorsed on your licence in the 2 years immediately after passing your test then you are classed as a New Driver and your licence will be revoked. If you are a new driver and are guilty of any offence carrying 6 or more points then you should seek immediate advice.


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