|
Speeding
A conviction for a speeding offence will usually carry
penalty points and a fine. A disqualification can be ordered at the
discretion of the magistrates instead of penalty points.
Speeding offences
where the allegation is one of exceeding the limit by 30 mph or more,
usually carries a disqualification penalty. The starting point within
the Magistrates Sentencing Guidelines is 56 days. If a disqualification
is avoided then 6 penalty points are the norm. You will also be fined
and ordered to pay prosecution costs.
The length of the
disqualification will depend on the factors surrounding the offence
and any mitigating circumstances.
If you receive
a summons for speeding, then it is important that we check the summons
to see that the correct charge has been used.
A summons must
be issued within 6 months of the date of the offence. This is referred
to as ‘Laying an Information’. If the information has been
laid after the 6 month date then the court will not normally allow the
charge to be proceeded with.
If you are pleading
guilty the matter will usually be dealt with on the first occasion it
comes before the court. Adjournments for reasons of not being available
are usually allowed on the first occasion. If you enter a guilty plea
on the first occasion you appear before the court, the fine will be
reduced by as much as a third.
No Insurance
Some years ago this was an imprisonable offence. Whist
it is still treated as a serious offence, nowadays it is penalised by
way of a fine and penalty points. Magistrates always have the power
to disqualify you from driving as well. This would not be normal on
the first occasion.
If you are an employed
driver using a company vehicle which is uninsured and you did not know,
then there is a defence in those circumstances.
The penalty points
range is 6 – 8. The circumstance of how you came to be uninsured
will affect the number of penalty points.
Death by Dangerous Driving
This is a very serious offence to have to face. It will
be dealt with in the crown Court. You may be eligible for ‘Legal
Aid’.
In sentencing you
the court will consider a custodial sentence. An extended retest will
also be ordered before you are allowed to drive again.
The minimum disqualification
period is 12 months.
Dangerous driving
This is where your standard of driving ‘falls far
below what would be expected of a competent and careful driver, and
it would be obvious to a competent and careful driver that, driving
in that way would be dangerous’.
This offence whist
serious can be dealt with in the Magistrates Court system, unless you
elect for a jury trial. The matter would then be heard in the crown
court. There is a risk of a prison sentence. There is a mandatory disqualification
period of 12 months and you will be order to take an extended retest.
If you are not imprisoned you will be fined.
The prosecution
will produce evidence which can be tested in a trial. You will need
the help of an experienced advocate to do this.
Careless driving
This is where your driving ‘falls below the standard
of a reasonable, competent and careful driver’.
It is often brought
following a motor accident, but can include ‘inconsiderate driving’
as well.
The court will
endorse your licence with between 3 and 9 points. You may be disqualified
and will be fined and ordered to pay costs. The court has a discretion
to disqualify you instead of awarding penalty points.
Failing to stop after an accident
If you are involved in a motor accident and fail to stop
at the scene in order to give your details to any person reasonably
requesting them and fail to report the accident ‘as soon as is
reasonably practicable’ or at the latest within 24 hours you commit
an offence.
Penalty points
and a fine will follow.
Construction and Use offences
Here there is a range of offences which can be in respect
of, the condition of your vehicle or, the load you are carrying or the
failure of some of the vehicles equipment, e.g. lights not working,
defective tyres or dangerous parts.
Other offences
charged under this set of regulations include overloading offences and
dangerous and insecure loads.
Depending on the
actual offence the court can award penalty points and will order a fine
and costs.
Excess alcohol offences
The offences include; refusing to give a sample, failing
to provide a sample, being over the prescribed limit whilst driving,
and drunk in charge of a motor vehicle.
This range of offences
requires the police to follow a set procedure at the road side when
making the request and also to follow instructions according to the
type of machine used at the police station. The officer using the machine
must be properly trained. A failure to follow all instructions can render
their evidence unsafe and lead to an acquittal.
You need to be
aware that the police can demand you give a sample even though you wish
to wait and receive telephone advice from a solicitor first. It is always
better to give the sample requested and then seek legal advice.
You should contact
an experienced solicitor as soon as you can and provide him with all
the paperwork given to you by the police. This will allow him to check
it thoroughly.
If you are charged
with a drink driving offence the penalty will include a minimum 12 month
disqualification from driving. If the level of alcohol recorded is very
high then the court will consider a custodial sentence and a longer
period of disqualification.
The court may also
make an order that you cannot get your licence back unless you have
attended a course to deal with alcoholism and /or you have taken a driving
a retest.
If you are convicted
for a similar excess alcohol offence within 10 years, the period of
disqualification is automatically a minimum of 3 years.
The court can allow
for a period of disqualification to be reduced by a certain percentage
on attendance and successful completion of a Drink Drivers Rehabilitation
Course run by the police. This will not apply to a 12 month disqualification
period.
If you havebeen
charged with being drunk in charge of a motor vehicle (not driving it),
the court will always consider a period of disqualification.
|
