Keep My Driving Licence https://keepmydrivinglicence.co.uk/ Driving Defence Solicitors Mon, 02 Aug 2021 11:18:33 +0000 en-GB hourly 1 https://wordpress.org/?v=6.1.5 https://keepmydrivinglicence.co.uk/wp-content/uploads/2019/10/cropped-Untitled-32x32.png Keep My Driving Licence https://keepmydrivinglicence.co.uk/ 32 32 Caught driving with cannabis in your system? https://keepmydrivinglicence.co.uk/2021/08/caught-driving-with-cannabis-in-your-system/ Mon, 02 Aug 2021 11:07:48 +0000 https://keepmydrivinglicence.co.uk/?p=213376 If you’re caught driving with cannabis in your system, here is what to expect and how you can contest the charge.

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Caught driving with Cannabis in Your System ?

What to Expect
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Like alcohol, taking cannabis can make you feel drowsy. And if you get behind the wheel with marijuana in your system, you’re putting lives at risk, including your own.

With that in mind, if you have been caught driving with cannabis in your system, this article explains the penalties you’ll face, how long it stays in your system and the possible defences you can make to contest your drug driving charge.

 

What are the penalties for drug driving?

If you are stopped by the police and convicted of drug driving, you could receive a:

  • Driving ban of between one and three years
  • Fine of up to £5000
  • Community service sentence
  • Prison sentence

And the drug driving offence will appear on your licence for up to eleven years, which will significantly increase your car insurance costs.

 

Can I get insurance if I’m convicted of drug driving?

In short: Yes.

But you are likely to face increased charges for the time the conviction remains of your licence, which, as mentioned above, is eleven years.

Several insurers specialise in insuring drivers convicted of drug driving, one of them being The Insurance Factory.

 

How long does cannabis stay in your system?

Cannabis can stay in your blood for up to seven days, which means you could still test positive up to a week after using it.

 

How long does cannabis stay in urine?

While cannabis can show up in your blood for up to seven days, it can stay in your urine for up to two months.

 

How to pass a police saliva drug test?

While we cannot condone trying to bypass any drug tests, oral swabs are the least likely to show that you have cannabis in your system. To pass a saliva drug test, you must not have taken cannabis up to 24-hours before you are tested.

So, if you are stopped and tested two days after your last cannabis use, you are unlikely to return a positive saliva test.

The easiest way to pass a police saliva test is to either use CBD oil, as this gives you the same feeling as cannabis but with none of the typical after-effects of marijuana. Or to not take cannabis and drive at all.

 

How to get off a drug driving charge.

If you’re caught drug driving, you must take legal advice from a road offence specialist solicitor.

Why?

Because you need to build a strong defence before going to court, something you may not be able to do if you represent yourself. So, what needs to happen for you to stand a chance of having your drug driving charges discontinued?

For that to happen, you need to investigate the police process and prove one or several of the following:

  • The prosecution is unable to prove you were driving
  • You consumed the drugs after driving
  • Police failed to obtain any evidence you were driving
  • You have a witness or witnesses who can confirm you weren’t driving
  • Police didn’t follow the correct procedures when they took your blood or urine sample
  • Police didn’t give you part of your blood sample for you to have independently tested
  • Police didn’t follow procedure when taking your sample to the hospital
  • Your blood or urine analysis wasn’t done properly

Failure to follow any of the above guidelines can lead to incorrect or tainted results and is one of the most common reasons for having your drug driving charge quashed.

 

What if I’m guilty of drug driving?

Even if you’re guilty of drug driving, you have the right to plead not guilty.

This is because even if you had cannabis in your system, you have a right to challenge the allegations and check the evidence against you. And while this is ongoing, you can continue driving until your Court date.

Not only that, but you also get to see and hear the whole case that the Crown Prosecution Service (CPS) has against you, including:

  • Witness statements
  • Police procedure during the arrest
  • The MGDD document (The forms used by the police during drug-driving arrests, which contain procedures they have to follow and the questions they have to ask)

Only by checking the evidence against you can you find fault with it to mount a strong defence. And even if any of the above isn’t helpful to your defence, you can put forward arguments to help you receive a lesser punishment.

Get advice from a motoring offence specialist

Whether you’re guilty of drug driving or have grounds for appeal, Keep My Driving Licence will defend you. We will evaluate your case and explain:

  • Drug driving loopholes
  • Possible faults with police procedure
  • How to identify a defence
  • What to do next

We have vast experience defending clients accused of being caught with cannabis in their systems and have a huge success rate. So, make sure you get the right advice and support to help you achieve the best possible outcome from your case.

Caught driving with cannabis in your system?

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

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First class service

Carl, Paul and Marcus were absolutely excellent. I had a terrible bad-luck case with driving and all three guys were superb from start to finish. Thorough, compassionate and understanding, these guys are out of this world. I can’t thank them enough. Highly recommended.

Richard

Nov 22, 2023

First class service

Carl, Paul and Marcus were absolutely excellent. I had a terrible bad-luck case with driving and all three guys were superb from start to finish. Thorough, compassionate and understanding, these guys are out of this world. I can’t thank them enough. Highly recommended.

Richard

Nov 22, 2023

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Very good and reliable service with a very positive outcome from court. would definitely recommend.

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Nov 22, 2023

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The lawyers were extremely supportive and professional

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Following a stressful period of my life and the collapse of my mental health I picked up two speeding tickets in quick succession, which could have lead to the loss of my licence for 6 months. I decided to engage a solicitor to represent me at court and to explain some exceptional circumstances. This fi…

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Following a stressful period of my life and the collapse of my mental health I picked up two speeding tickets in quick succession, which could have lead to the loss of my licence for 6 months. I decided to engage a solicitor to represent me at court and to explain some exceptional circumstances. This firm were kind, understanding, quick to reply to e-mails or to ring me back and saved my driving licence and my business. Worth every penny. Thank you so much, especially for your kindness.

Rachel H

Oct 8, 2023

Outstanding support through a difficult process

I contacted Carl as I had decided not to try the “get you off” lawyers and wanted to plead guilty. I’m really glad I did as he was super professional and supportive throughout the process – would highly recommend.

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I contacted Carl as I had decided not to try the “get you off” lawyers and wanted to plead guilty. I’m really glad I did as he was super professional and supportive throughout the process – would highly recommend.

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Millars Solicitors provided an excellent service from start to finish! Paul was careful and extremely thorough when explaining each stage of the case.

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I engaged Millars Solicitors when I received a notification of speeding and additionally received a summons for failing to identify the driver of a car who had exceeded the speed limit. Both offences would have given 6 points for each and I was set to receive a 6 month ban. Through Mr Turners advice and strong support from my barrister, I received a 2 week ban and no points added to my license. I believe this was the best outcome available to me. Mr Turner was very knowledgeable in what options were available to me and I felt that the case was handled smoothly and efficiently by Millars.

Anonymous

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What is the totting up ban? https://keepmydrivinglicence.co.uk/2021/07/what-is-the-totting-up-ban/ Wed, 07 Jul 2021 13:23:42 +0000 https://keepmydrivinglicence.co.uk/?p=213350 What is the totting up ban? How long does it stay on your licence and can you overturn it. What you need to do if you’ve totted up 12 points.

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What is the totting up ban?

Why legal advice is essential.
Contact Us

What is the totting up ban?

The totting up ban is when you commit more than one driving offence within three years. When this happens, the penalty points you receive for each violation are accumulated. And should you accrue twelve points within this time, you will face a driving disqualification for a minimum period of six months.

This accrual of points is otherwise known as ‘totting up’.

How long does a totting up ban stay on your driving licence?

Should you be found guilty of totting up points and receive a ban, it will stay on your driving licence for four years.

Exceptional hardship to avoid a driving disqualification.

To do this, you must prove, on the balance of probabilities, that a ban would result in one or more of the following:

  • A loss of career
  • A loss of a career that is vital to the health and safety of others
  • Financial hardship
  • A threat to the employment and job security of others (your employees)
  • A restriction on your mobility if you have severe health problems
  • A restriction on commuting, like being unable to work due to lack or improper access or service of public transport

How long does a driving ban affect insurance?

If you’re disqualified from driving, you must inform your insurance company right away as you no longer hold a valid licence and are in breach of contract. And it can affect what you pay for a minimum of five years as this is usually the period of time an insurer will ask you about.

Driving without insurance is not an option. If you do, and you are caught, you could face a maximum fine of £5000, 6 points on your licence or a driving ban.


Why legal advice is essential.

Your best chance of avoiding a totting up ban is speaking to a road offence specialist, like us, Keep My Driving Licence.

Why?

Because our solicitors have a vast amount of experience of representing clients accused of road traffic offences. Not only will they review your case, but they will also give you the best representation possible.

Need advice from a motoring offence specialist?

If you’ve totted up 12 points or more, it’s not the end of the road. You may have grounds for exceptional hardship and Keep My Driving Licence can defend you.

Get the legal support you deserve.

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

11 + 13 =

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

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How to get off a drink driving charge https://keepmydrivinglicence.co.uk/2021/05/how-to-get-off-a-drink-driving-charge/ Mon, 10 May 2021 14:56:13 +0000 https://keepmydrivinglicence.co.uk/?p=213268 If you’ve been charged with a drink driving offence it doesn’t always mean a sentence. Here’s how you can get off a drink driving charge.

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If you have been caught drink driving, it’s understandable you might be worried about the criminal charges you might face in court. The time you might have to spend in prison. And how long you’ll be banned from driving for.

In this article, we’ll explain the penalties you could face, but also clarify how a drink driving charge doesn’t always lead to a full ban.

Is drink driving a criminal offence? And what are the likely sentences?

The short answer to this is: Yes.

Drink driving carries a mandatory disqualification period, with the length of the ban depending on the level of alcohol in your system.

The minimum disqualification is 12-months (Road Traffic Offenders Act 1988 section 34), but as you will see in our table below, this increases with the amount of alcohol on your breath, blood and urine samples:

Is drink driving an criminal offence?

The minimum period of disqualification increases to 2-years if you’ve been disqualified on two or more occasions for a period of 56 days or more within 3-years. And will increase to 3-years if in the past 10-years you’ve been convicted of any of the following offences:

  • Causing death by careless driving while under the influence
  • Driving or attempting to drive while unfit to do so
  • Driving or attempting to drive while over the limit
  • Failing to provide a specimen while suspected of driving or attempting to drive under the influence

And while drink driving is obviously a criminal offence, there are ways to avoid a drink driving charge.

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

How to get off a drink driving charge.

Before we delve into how to fight your charge, it’s imperative you take legal advice from a road offence specialist solicitor.

Why?

Because you need a valid defence before going to court, something representing yourself just won’t do.

So, with that in mind, what needs to happen for you to stand a chance of having the charges

How to get off a drink driving charge.
Before we delve into how to fight your charge, it’s imperative you take legal advice from a road offence specialist solicitor.

Why?

Because you need a valid defence before going to court, something representing yourself just won’t do.

So, with that in mind, what needs to happen for you to stand a chance of having the charges dropped?

You need to look into the police process, and have proof that:

  • The prosecution is unable to prove you (the accused) were driving
  • You have witnesses to confirm you weren’t driving
  • You weren’t driving on a road or in a public place
  • The police didn’t follow the correct procedures when they took you breath, blood or urine sample
  • The police didn’t give you part of your blood sample for you to have tested independently
  • The police didn’t follow procedure when taking the sample to the hospital
  • There was a fault with the breathalyser
  • The analysis of your blood or urine wasn’t done properly

Failure to follow procedure can lead to incorrect or tainted results and is one of the most common reasons for having your drink driving charge quashed.

dropped?

What if I’m guilty of drink driving?

The prosecution must prove the case against you as the defendant so you have the right to plead not guilty .

Why?

Because even if you were over the limit, you have a right to challenge the allegations so you can check the evidence against you. This means, not only can you continue driving for up to 6-months after your charge, you also get to see the full case the Crown Prosecution Service (CPS) has against you.

This will include:

  • Witness statements
  • Police procedure during the arrest
  • The MGDD document (The forms used by the police during drink and drug arrests which contain the procedure they have to follow and the questions they should ask)

Only by checking the evidence against you can you find fault with it to mount a strong defence.

And even if all of the above aren’t helpful to your defence, there are arguments you can put forward to help you receive a less severe punishment.

These include:

Special Reasons

To state special reasons as part of your defence, you must be able to prove:

  • You were moving the vehicle a very short distance for safety purposes
  • Your drink was spiked
  • You were sleepwalking

Driving was unavoidable due to an emergency

Drivers Rehabilitation Course

At court, you can request to attend a drivers rehabilitation course. And if approved by the court, you:

  • Are contacted by course organisers
  • Pay for the course, which costs between £150-£200 (which is cheaper than a fine)
  • You take the course, which lasts around 5-days
  • The course organisers inform the DVLA of course completion

Once informed, your ban is then reduced 25% (down to 9-months on a 12-month conviction). Requesting a drivers rehabilitation course shows you’re willing to make amends for your actions and will be looked on favourably by the court.

Personal Mitigation

You can cite personal mitigation to reduce your disqualification, with reasons including:

  • You have a serious medical condition requiring urgent or long term treatment
  • Your age or lack of maturity affects the responsibility of your actions
  • You have a learning disability or mental health disorder
  • You are the primary or sole carer for dependent relatives/friends/clients
Personal & Work References

Citing personal and work references include:

  • Character references from a long-term friend, family member, employer, associate or somebody with recognition in their profession, e.g. doctor, police officer, priest
  • No previous, relevant or recent convictions
  • Exemplary good character and conduct

***

Please be aware that while the above can help reduce your sentence, they’re unlikely to get all charges against you dropped.

Please be aware that while the above can help reduce your sentence, they’re unlikely to get all charges against you dropped.

Do you need advice from a motoring offence specialist?

Whether you’re guilty of drink driving, or have grounds for appeal, Keep My Driving Licence can help defend you. Not only by looking into the facts of your case. But also by explaining every possible outcome – so you get the right advice and support you when you need to get the best possible outcome from your case.

Get the right legal support.

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

10 + 4 =

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

The post How to get off a drink driving charge appeared first on Keep My Driving Licence.

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What is a totting up ban? https://keepmydrivinglicence.co.uk/2021/04/what-is-a-totting-up-ban/ Tue, 06 Apr 2021 09:59:08 +0000 https://keepmydrivinglicence.co.uk/?p=213144 A totting up ban is when you have accrued 12 or more penalty points on your licence over a three year period. When this happens, you’re likely to receive a driving ban unless you can cite exceptional hardship.

In this article, we’ll explain totting up bans in detail, the penalties you might face and what you can do to overturn the decision.

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What is a totting up ban?

A totting up ban is when you have accrued 12 or more penalty points on your licence over a three year period. When this happens, you’re likely to receive a driving ban unless you can cite exceptional hardship.

In this article, we’ll explain totting up bans in detail, the penalties you might face and what you can do to overturn the decision.

Is 12 points on your driving licence an instant ban?

The short answer to this is: No.

Once you tot up 12 points or more on your driving licence, you will have to attend the Magistrates’ Court.  If this happens, it is advisable to employ a specialist motoring offence solicitor to look at your case’s details.

 

What is the totting up disqualification period?

If your 12 points have been accumulated over a three-year period, you’ll receive a minimum driving ban of six months.

 

How can I keep my licence after 12 points? And can I cite exceptional hardship to avoid a ban?

It’s possible to keep your licence after totting up 12 points, and one of the ways to do that is to cite exceptional hardship.

What is exceptional hardship?

Exceptional hardship is when a driving ban would cause suffering to you and/or innocent parties should you lose your licence, like:

  • Preventing you from caring for elderly or vulnerable clients or family members
  • Stopping you from providing community or charity services
  • Causing your employees to lose their jobs
  • Not being able to pay your mortgage or rent

Losing your driving licence, which results in you losing your job, can also be cited if the collateral damage from that will cause exceptional hardship.

If I’m convicted, how long will the ban last?

As mentioned, the minimum ban is six-months, but if you’ve had a disqualification in the last three years your driving ban could last for:

  • 1-year – if you were banned for at least 56-days
  • 2-years – if you were banned for at least 56-days twice, or more

 

I’m a new driver. Are the rules different?

Yes, the rules are different if you’ve passed your driving test in the last two years.

Newly qualified drivers have their licence revoked if they accrue six points or more, resulting in revocation of your driving licence. You then have to re-sit both the theory and practical tests before they can regain their full driving licence.

Why legal advice is essential.

Your best chance of winning a road offence lawsuit is by employing Keep My Driving Licence.

Why?

Because our solicitors are road traffic offence specialists who can review your and give you the best representation possible.

Need advice from a motoring offence specialist?

If you’ve totted up 12 points or more, it’s not the end of the road. You may have grounds for advancing exceptional hardship, and Keep My Driving Licence would like to defend you. Not only will we look into the facts of your case, we’ll also explain every possible outcome and support you when you need it most.

Get the legal support you deserve.

Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

The post What is a totting up ban? appeared first on Keep My Driving Licence.

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What happens if I get caught drink driving? https://keepmydrivinglicence.co.uk/2021/03/what-happens-if-i-get-caught-drink-driving/ Fri, 05 Mar 2021 10:24:07 +0000 https://keepmydrivinglicence.co.uk/?p=213090 Been caught drink driving and want to appeal? Keep My Driving Licence can advise you on your rights of appeal and could get your conviction reduced, reheard or quashed.

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If you’re caught drink driving in the UK, the punishment can vary depending on how over the limit you are.

Punishments can vary between a twelve-month driving ban or a substantial fine. And in extreme cases, imprisonment. If you’ve been prosecuted. Or currently facing prosecution for drink driving, we can tell you everything you need to know.

Can you go to prison for drink driving?

The short answer to this is: Yes.

But the severity of your sentence will vary, depending on the circumstances of your case.

The different types of drink driving punishments include:

Driving the vehicle while under the influence

Should you start the car and drive, the punishment is much more severe.

For this, you may receive:

  • 6-months in prison
  • An unlimited fine
  • A minimum 12-month driving ban (rising to three years if convicted twice in ten years)

Refusing to provide a breath, blood or urine sample

If you are arrested for drink driving and refuse to provide a specimen.

For this, you may receive:

    • 6-months in prison
    • An unlimited fine
    • A minimum 12-month driving ban (rising to three years if convicted twice of a similar drink driving or drug driving related offence in ten years)

 

Causing death by driving while under the influence

As you would expect, the punishment for this is the most severe.

For this, you may receive:

  • 14-years in prison
  • An unlimited fine
  • A minimum 2-year driving ban

You may also need to attend a Drink-drive Rehabilitation Scheme (DDRS) to sit an extended driving test before your licence is returned.

Drink Driving Calculator

Try our drink driving calculator to get an estimate of the type of sentence you can expect.

How does the court decide how much my fine will be?

Fines are split into six salary-based sentencing bands, which are:

  1. Band A: 50% of relevant weekly income (between 25 – 75% of relevant weekly income)
  2. Band B: 100% of relevant weekly income (between 75 – 125% of relevant weekly income)
  3. Band C: 150% of relevant weekly income (between 125 – 175% of relevant weekly income)
  4. Band D: 250% of relevant weekly income (between 200 – 300% of relevant weekly income)
  5. Band E: 400% of relevant weekly income (between 300 – 500% of relevant weekly income)
  6. Band F: 600% of relevant weekly income (between 500 – 700% of relevant weekly income)

These bands are designed to make the fining system fair for low-income people compared to high-earners.

The more you earn, the larger your fine is likely to be.

What are the risks of appealing a drink driving prosecution?

Depending on the severity of the case, the Crown Court has the power to either uphold the current penalty or even increase it – which means you could end up with a larger fine or sentence.

If I appeal, what could happen in court?

If you appeal, aggravating and mitigating factors will be taken into account when the judge passes sentence:

Aggravating Factors

If you’ve received similar convictions in the past, like:

  • Driving with excess alcohol or;
  • Drug driving or;
  • Failure to provide a specimen

The more likely you are to receive a severe punishment, like an unlimited fine or imprisonment.

Other aggravating factors can include:

  • Committing the offence while carrying passengers
  • Becoming involved in an accident
  • Committing the offence while on bail
  • Causing injury to others
  • Evidence of unacceptable standards of driving
  • Committing the offence during poor road, visibility or weather conditions
  • Committing the offence within the vicinity of high levels of traffic or pedestrians

Mitigating Factors

Mitigating factors are when you accept that you’re guilty, but there are mitigating circumstances you feel the court needs to be made aware of. If the court is convinced mitigating factors should be considered, you may receive unpaid community service in place of a prison sentence.

To stand any chance of winning a mitigating factors plea, we strongly recommend that you employ the services of a lawyer who specialises in road offences.


Why legal advice is essential.

The best chance of winning a road offence lawsuit. Or receiving a lesser punishment is by employing a specialist solicitor’s services, like Keep My Driving Licence.

Our solicitors will review your case and give you the best representation possible.

 

Need advice from a motoring offence specialist?

If you’ve received a drink driving ban, fine or sentence, it’s not the end of the road. You may have grounds for appeal, and Keep My Driving Licence would like to defend you.

Not only do we look into the facts of your case, but we also explain every possible outcome and will support you when you need it most.

Get the legal support you deserve. Call us for free today on 0800 999 5535. Email carl.millar@millarssolicitors.co.uk or fill in the contact form below.

Ask Carl

Have you got a question on motoring law you want the answer to?  Carl and our specialist team are here to answer your questions.

FAQs

Why do I need a specialised solicitor?

A specialised solicitor has experience in defending clients appealing drink driving bans. They will also make an application to suspend your punishment pending your appeal.

 

How can a specialised solicitor help?

A road offence specialist solicitor, like ourselves, has vast experience with drink driving cases. In fact, we’ve helped previous clients have their convictions reduced or overturned completely.

How soon do I need to appeal my drink driving ban?

You must lodge your appeal within 21-days of the court’s verdict.

I think my ban was harsh. Can I appeal the length of the ban?

Yes, you can appeal the length of the sentence.

If you feel your ban was excessive for the crime committed. Or you think it was unjustified, you could have grounds for appeal.

A driving ban will affect the day to day life of myself and others. Can I appeal?

No. However, you can make a s.42 application for early removal of your driving ban at the 2 year anniversary of a driving ban of between 3 to 4 years.

How long does a drink driving ban stay on your licence?

A drink driving ban stays on your licence for a minimum of 11 years.

How does the appeal process work?

You can appeal a Magistrates’ Court conviction at the court where your case was heard, with your appeal being heard in Crown Court. During your appeal, the judge listens to the evidence after a fresh trial and will either uphold the original decision or find you Not Guilty.

You can also appeal the length of the sentence at the Crown Court.

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BBC reports Mobile phone loophole for filming drivers ‘to be closed’ https://keepmydrivinglicence.co.uk/2019/11/bbc-reports-mobile-phone-loophole-for-filming-drivers-to-be-closed/ Fri, 01 Nov 2019 11:39:02 +0000 https://keepmydrivinglicence.co.uk/?p=211309 The post BBC reports Mobile phone loophole for filming drivers ‘to be closed’ appeared first on Keep My Driving Licence.

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The BBC has reported 

Mobile phone loophole for filming drivers ‘to be closed’

The government plans to close a legal loophole that has allowed drivers who use mobile phones to film or take photographs to escape prosecution.

It is illegal for drivers to call or text on hand-held phones but some have dodged punishment for taking photos.

In July, a man overturned a conviction for filming a crash, saying he was not using his phone “to communicate”.

The government aims to revise the laws to also include browsing the internet and searching playlists while driving.

It says the current legislation has fallen behind advances in smartphone technology.

‘Next Spring’

Drivers have successfully argued that filming or taking photos while driving does not match the wording in the current legislation – which says it is illegal to use a device “which performs an interactive communication” while driving.

Earlier this year Ramsey Barreto was found guilty of using his phone to film a crash in north London two years ago. However, the 51-year-old then successfully appealed the conviction.

The ruling led two High Court judges to criticise the 16-year-old law on using mobile phones, which they said had failed to evolve with the rise of smartphones.

Transport Secretary Grant Shapps said the urgent review will be carried out to tighten up the existing laws on hand-held mobile use by motorists.

“We recognise that staying in touch with the world while travelling is an essential part of modern day life but we are also committed to making our roads safe,” he added.

The Department for Transport said the review will be carried out “urgently” with further proposals “expected to be in place by next spring”.

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Phones behind the wheel: The law

  • Using a hand-held mobile phone or sat nav while driving is illegal
  • Any hands-free devices should be fully set up before you drive
  • Police still have the power to stop you if they think you have been distracted
  • The law still applies if you’re stopped in traffic or queuing at lights
  • You could get penalty points, a fine and/or a driving ban if you break the law

Source: UK government – read more

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The action follows a recent report by the Commons’ Transport Select Committee which urged the government to introduce tougher restrictions on using a mobile phone while driving.

The committee recommended that ministers should consider a ban on hands-free use, but the government said there are no plans to introduce such a measure.

The Royal Society for the Prevention of Accidents (RoSPA) charity said it was “delighted” the loophole would be closed.

However, road safety campaign group Brake called for the government to follow MPs recommendations and ban the use of all phone at the wheel.

“All phone use behind the wheel is dangerous and to get this message across to drivers the law must reflect this,” its senior public affairs officer Samuel Nahk said.

“Far too many people still use their phone behind the wheel, yet it should be as unacceptable as drink driving, with research showing that reaction times whilst texting are double those of drink-drivers.”

The fixed penalty for driving while using a hand-held mobile phone was increased from three penalty points and a £100 fine to six penalty points and a £200 fine in March 2017.

Courts can impose a fine of up to £1,000 for car drivers and £2,500 for HGV and bus drivers, as well as issuing a driving disqualification.

The government said its review would include legislation in Northern Ireland, where road safety policy is a devolved issue.

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LATEST COURT VICTORY – Driving Whilst Disqualified and Without A Valid Certificate of Insurance https://keepmydrivinglicence.co.uk/2019/10/driving-whilst-disqualified-and-without-a-valid-certificate-of-insurance/ Wed, 16 Oct 2019 12:50:24 +0000 https://keepmydrivinglicence.co.uk/?p=210702 Millars Solicitors were instructed by Miss E who was very concerned about the prospect of a custodial sentence as she was driving whilst disqualified

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Place:Chelmsford Magistrates Court

Offence:Driving whilst Disqualified and Driving without a valid Certificate of Insurance

Defence: Mitigation

Millars Solicitors were instructed by Miss E who was very concerned about the prospect of a custodial sentence as she was driving whilst disqualified. Powerful mitigation was advanced at Court emphasising that Miss E was an unsung hero caring for her 85 year step mother, sick husband and depressed son as well as holding down a full-time job as a prison officer.  The Judge had some sympathy in the circumstances and imposed 6 penalty points for the offence of driving whilst disqualified, with no separate penalty for the driving without a valid certificate of insurance matter.  This was the least sentence that could possibly have been imposed.  Miss E was expecting that the disqualification would be extended and that a community order would be imposed, at least.  She was greatly relieved and thankful for the service provided by Millars Solicitors.

 

From Our Clients 

Early Return of Licence

It is possible after having had a ban to ask for your licence to be re-instated earlier to the court that disqualified you.

We help numerous clients prove that they should be allowed their driving licence reinstated and navigate the pitfalls of dealing with CPS who almost certainly will oppose any application.

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LATEST COURT VICTORY – Driving with Excess Alcohol https://keepmydrivinglicence.co.uk/2019/10/drink-driving-solicitors-latest-court-victory-stockport/ Wed, 16 Oct 2019 12:39:00 +0000 https://keepmydrivinglicence.co.uk/?p=210699 The post LATEST COURT VICTORY – Driving with Excess Alcohol appeared first on Keep My Driving Licence.

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Place: Stockport Magistrates Court

Offence: Driving with Excess Alcohol – guilty plea

Defence: Mitigation

Carl Millar from Messrs Millars Solicitors was instructed by Mr A in respect of an allegation of driving with excess alcohol.  His reading in breath was at 78µg of alcohol in 100ml of breath.  He was advised that the Magistrates Court Sentencing Guidelines suggest a period of disqualification of between 17-22 months where the reading is between 60-89µg of alcohol in 100ml of breath.

Mr A was a minor (below 18) and had very good mitigation.  He was supported by his mother in Court.  The Court were sympathetic to the mitigation that was advanced and imposed the minimum period of disqualification of 12 months.  He was also awarded the Drink Drivers Rehabilitation Course, which would allow a reduction of 3 months in the circumstances.  In effect, his disqualification will be for a 9 month period when it could have been as high as 22 months.

 

From Our Clients 

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LATEST COURT VICTORY | Speeding | Bradford https://keepmydrivinglicence.co.uk/2019/10/speeding-totting-up-solicitor-bradford/ Wed, 16 Oct 2019 12:28:04 +0000 https://keepmydrivinglicence.co.uk/?p=210696 The post LATEST COURT VICTORY | Speeding | Bradford appeared first on Keep My Driving Licence.

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Place: Bradford Magistrates Court

Offence: Speeding – 98mph in a 70mph speed restriction area – possible Totter and facing minimum period of disqualification of 6 months

Defence: Mitigation

Carl Millar was instructed by Mr C who potentially faced a minimum period of disqualification of 6 months under the totting up provisions.

Mr C had 6 penalty points on his driving licence made up of 2 separate speeding offences.  For the third incident, he was travelling at 98mph in a 70mph speed restriction area.  The Magistrates Court Sentencing Guidelines suggest the imposition of between 4-6 penalty points or an outright disqualification where the speed is between 91-100mph.  Obviously, Mr C was at the higher end of the scale and therefore could possibly have received 6 penalty points on his licence.

Powerful mitigation was presented and Mr C received 5 penalty points and therefore avoided the totting up provisions whereby an exceptional hardship case would have to be presented.  The Court were persuaded by the fact that Mr C would not be able to generate an income if he were to receive a 6 month ban and, in turn, he would not be able to pay his rent.  The knock-on effect of this would be that he would not be able to make the maintenance payments for his children and they would suffer through no fault of their own.  Naturally, Mr C was delighted with the outcome of the case.

 

From Our Clients 

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LATEST COURT VICTORY | SPEEDING | OXFORD https://keepmydrivinglicence.co.uk/2019/10/speeding-solicitor-oxford-latest-court-victory/ Wed, 16 Oct 2019 12:22:01 +0000 https://keepmydrivinglicence.co.uk/?p=210693 The post LATEST COURT VICTORY | SPEEDING | OXFORD appeared first on Keep My Driving Licence.

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Place: Oxford Magistrates Court

Offence: Speeding

Defence: Mitigation

Carl Millar was instructed by Mr D who faced a driving disqualification for speeding at 66mph in a 30mph speed restriction area.

Mr D had been advised that the Magistrates Court Sentencing Guidelines stop at 60mph for a speed of 30mph.  He was therefore literally beyond the scales of the guidelines which suggested 6 penalty points or disqualification of up to 56 days.  At all costs, Mr D wished to avoid a driving disqualification as this would have an immediate impact upon his ability to continue with his job.  The Court accepted the mitigation advanced by Messrs Millars Solicitors and 6 penalty points were imposed instead of a driving ban.

 

From Our Clients 

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