Motoring Offence Solicitors 

There is a broad range of offences that come within the scope of a driving offence.

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There may be more than one offence that covers particular behaviour. Driving offences range from ‘document’ offences, for example when a person fails to produce a copy of their driving licence or other documents, to cases involving the death of another person.

    Driving without due Care and Attention

    Don’t Risk a Driving Ban! We’re here to help you keep your driving licence. Seeking professional help from a motoring offence solicitor is crucial to ensure you get answers to your questions and the best representation you deserve.

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    Time to ACT is sooner rather than later.

    If you have been accused of this offence, it means that the Police are suggesting that on a specific occasion that the standard of your driving fell below that of a reasonable and prudent driver in all the circumstances. Without Due Care (often called Careless Driving) is covered by Section 3 of the Road traffic Act 1988.

    Offence Description of offence Code Penalties
    Driving without due care and attention Driving Without Due Care and Attention or Without Reasonable Consideration for Other Road Users CD10, CD20, CD30 3-9 points Maximum fine of up to £5000

    Defences for this are:

    If you can cast a reasonable doubt on that suggestion or if you can show that in the specific circumstances of your case, any reasonable and prudent driver would have reacted/driven in the same way.

    Dangerous Driving

    Dangerous driving is a very serious offence and carries the risk of imprisonment if convicted.

    To convict you the prosecution have to prove beyond reasonable doubt that the standard of your driving fell well below that of the careful and considerate driver.

    Dangerous driving allegations normally include suggestions of driving erratically at unsafe speeds, or a police chase, or overtaking in an extremely reckless manner, although you can also be accused of dangerous driving if your vehicle is defective.

    Offence Description of offence Code Penalties
    Dangerous Driving Driving standards are below that of a careful and considerate driver DD40, DD60, DD80,DD90 Automatic ban for 12 months + financial ban

    The defence for Dangerous Driving can only be case specific; the legal team will need to assess the evidence against you.

    Drink/Drug Driving

    The legal drink driving alcohol limit is 35 milligrams per 100 millilitres of breath. If your breath reading is under 50 milligrams then you will be offered a blood or urine test to double check the breath reading. If your blood reading comes out above the legal limit of 80 you will be charged with drink and driving.

    Offence Description of offence Code Penalties
    Drink/drug driving Driving under the influence of intoxicants DR10, DR20, DR30, DR40, DR50, DR60, DR70 Driving banPrison sentence

     

    Fine

    Defences for Drinking and Driving Allegations;

    • Showing that you were not driving.
    • Denying that you were driving on a road or in a public place.
    • Arguing that you consumed the alcohol that took you over the legal limit after you stopped driving (otherwise known as a hip flask defence).
    • Denying that you were over the limit and arguing that the police evidence is unreliable.

    If you have been accused of this offence, it means that the Police are suggesting that on a specific occasion that the standard of your driving fell below that of a reasonable and prudent driver in all the circumstances. Without Due Care (often called Careless Driving) is covered by Section 3 of the Road traffic Act 1988.

    Offence Description of offence Code Penalties
    Driving without due care and attention Driving Without Due Care and Attention or Without Reasonable Consideration for Other Road Users CD10, CD20, CD30 3-9 pointsMaximum fine of up to £5000

    Defences for this are:

    If you can cast a reasonable doubt on that suggestion or if you can show that in the specific circumstances of your case, any reasonable and prudent driver would have reacted/driven in the same way.

    Have you been accused of driving without insurance?

    It is an offence to drive a motor vehicle without a valid certificate of insurance in place that covers you to drive that vehicle on that particular occasion.

    The Magistrates Court treats driving uninsured very seriously because of the implications were you to have an accident without having a valid policy in place to cover third parties.

    In order for you to be found guilty of driving uninsured, all the prosecution need to prove is that you were driving a motor vehicle and were on a public road at the time of the alleged offence.

    The burden of proof passes to the Defendant (you) to prove that you were insured at the time you were driving because this is a documentary offence and you are expected to be able to make your policy documentation available.

    Offence Description of offence Code Penalties
    Driving without Insurance Not having any form of insurance certificate cover your use of the motor vehicle during the time of the particular incident IN10 6-8 points + financial penalty A discretionary ban

     

    A fine of  up to £5000

    The defences for this:

    If you are driving in the course of your employment and can demonstrate that your employer was responsible for insuring you, and that you believed that there was proper cover in place then you may well have a legitimate defence

    Have you been accused of failing to provide driving information?

    Section 172 of the Road Traffic Act is aimed at forcing individuals (whether they are the day-to-day keeper of the motor vehicle or the registered keeper on the V5 document) to provide the identity of the driver at the time of an alleged road traffic offence.

    Section 172 really is a sledgehammer of a piece of legislation. Most road traffic offences are detected by un-manned devices or without actually stopping and speaking to the driver.

    This meant that the Police needed a means of forcing individuals to provide relevant driver details if they were in a position to do so.

    Nominating either yourself or another as the driver at the time of an alleged offence is not the same as confessing to having committing the offence itself.

    You will simply be providing the Police with one piece of evidence specifically in relation to the identification of the driver.

    The person nominated is still perfectly entitled to defend the charge itself by either suggesting that they, for example, were not driving without due care and attention or that they were not speeding at the time of the alleged offence.

    Offence Description of offence Code Penalties
    Failure to provide driving information Individuals are required to show the correct driving documentation when asked during a road traffic offence. MS90

     

    S172, Road Traffic act 1988

    3-6 points + financial penalty

    The defences for this:

    You shall not be convicted of failure to provide driver information if you can show that it was not ‘reasonably practicable’ to supply the information within the 28 days allowed.

    You can only raise a Reasonable Diligence Argument if you were the keeper at the time of the alleged offence and you used reasonable evidence to ascertain who was driving at the time.

    Have you been accused of failing to stop at the scene of an accident?

    Where an accident has taken place and either damage or personal injury has been caused, then the vehicle driver is required to remain at the scene of the accident and to provide their name and address and also the name and address of the owner and the identification marks of the vehicle, if required to do so by any person having reasonable grounds.

    Offence Description of offence Code Penalties
    Failing to Stop at the Scene of an Accident Where an accident has taken place and either damage or personal injury has been caused, then the vehicle driver is required to remain at the scene of the accident and to provide their name and address AC10,AC20 5-10 points + Financial penalty

    You would have a defence if: –

    1. You were not driving at the time of the accident;
    2. You were not driving on a public road or in a public place when the accident occurred;
    3. You could demonstrate that you had stopped at the time of the accident and exchanged details and if not, you had reported the incident as soon as practical;
    4. You had no knowledge that an accident had occurred.

    The prosecution must prove, beyond reasonable doubt, that injury or damage was caused. If there was no damage or injury, no duty arises upon the driver to stop and/or report so you can’t be found guilty of failure to do so.

    How we can help

    Motoring offence cases is what we do day in and day out. We have extensive experience of preparing successful defence applications for dangerous driving. By partnering with Number 1 Lawyers, you can be assured that your defence application process will be managed in a professional and cost-effective manner.

    Many of our clients are happy to relieve themselves of the frustrations of preparing paperwork and having to deal with government red-tape by hiring our professional team of motoring law experts.

    We are proud of the fact that our team of highly experienced lawyers and multi-lingual specialists really do enjoy nothing more than winning motoring defences for our clients.

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