FREQUENTLY ASKED QUESTIONS
Drink Driving
Drug Driving
Speeding
Drunk in Charge
Failing to Provide
Totting Up
Careless or Dangerous Driving
Early Return of License
Driving While Using a Mobile Phone
Driving Without Insurance
Driving Whilst Disqualified
Appealing a Driving Ban
Failing To Stop At An Accident & Failing To Report
Failing to Furnish Information
Using Special Reasons
Death by Driving
FAQs
Drink Driving
What Are The Consequences of Drink Driving?
The consequences of a drink driving conviction can have a significant impact on an individual’s life. In addition to the legal penalties, there are personal, professional, and financial consequences to consider.
One of the most severe consequences of drink driving is the possibility of a prison sentence, especially in cases involving multiple offences or dangerous driving. Serving time behind bars can have a lasting impact on an individual’s personal and professional life.
Another consequence of drink driving is a mandatory driving ban. This disqualification prevents an individual from driving for a specified period of time, which can range from months to years depending on the severity of the offence. The driving ban can greatly limit personal mobility, making it difficult to commute to work, school, or run everyday errands. In addition, if there is a relevant offence (eg a previous drink driving conviction) within the previous 10 years, the minimum disqualification period increases to 3 years according to drink driving ban guidelines. This highlights the importance of seeking legal assistance from a drink driving solicitor to potentially reduce or avoid these consequences.
A drink driving conviction also results in a criminal record, which can affect employment opportunities, insurance premiums, and even travel restrictions in certain cases. Employers may be hesitant to hire individuals with a criminal record, particularly for roles that involve driving or positions of trust. Additionally, insurance companies may charge higher premiums or even refuse coverage altogether, making it difficult to secure affordable insurance policies.
It is important to note that the consequences of drink driving can vary depending on the specific circumstances of each case. Seeking legal advice from a drink driving solicitor is crucial in understanding the potential consequences and building a strong defence strategy tailored to your individual circumstances.
What Is The Role Of A Drink Driving Solicitor?
When facing a drink driving charge, the role of a drink driving solicitor cannot be overstated. We specialise in drink driving offences and have expert knowledge of the relevant laws and legal procedures. A drink driving solicitor can provide crucial legal advice, representation, and strategic guidance from an expert drink driving perspective throughout the legal process.
Drink driving solicitors understand the complexities of drink driving cases and can analyse the evidence, advise on the best course of action, and develop a robust defence strategy. They have a deep understanding of the nuances of drink driving laws and keep up to date with any changes or updates in legislation that may impact a client’s case.
By hiring a drink driving solicitor, you benefit from their specialist advice, experience and knowledge of previous cases. They can highlight relevant legal precedents, identify weaknesses in the prosecution’s case, and challenge evidence if necessary. Ultimately, the goal of a drink driving solicitor is to protect your rights, achieve the best possible outcome, and help you navigate through the legal process with confidence.
How a Drink Drive Solicitor Can Help You
A drink driving solicitor can provide invaluable assistance throughout the legal process, starting from the initial consultation. During a free consultation, a solicitor can assess the details of your case, listen to your side of the story, and provide expert advice on potential defence strategies.
Should you choose to proceed with legal representation, a drink driving solicitor will assemble a legal team dedicated to your case. This team may include solicitors, barristers, and legal assistants, all working together to build a strong defence on your behalf.
With a deep understanding of drink driving laws, Millars Solicitors can analyse the evidence against you, identify any weaknesses, and formulate a robust defence strategy. We will use our expertise to highlight relevant legal precedents and case law, arguing on your behalf to achieve the best possible outcome.
A drink driving solicitor’s experience in handling related cases can prove to be invaluable. Millars Solicitors have a wealth of knowledge in previous cases, allowing us to draw on relevant strategies and successful arguments that have been used in similar situations. This experience enables a drink driving solicitor to anticipate the prosecution’s arguments and effectively counter them in court.
By enlisting the services of a drink driving solicitor, you gain access to a legal professional who is dedicated to protecting your rights, offering expert advice, and striving for a positive outcome. Their specialist knowledge, experience, and dedication can significantly increase your chances of a successful defence.
Expert evidence is another crucial component of a drink driving case, and legal advice is essential in evaluating the need for such evidence. Experts, such as forensic toxicologists or accident reconstruction specialists, can provide scientific evidence that can challenge the accuracy of breath, blood or urine test results. Legal representation will ensure that expert evidence is obtained, analysed, and presented effectively in court, strengthening the defence against drink driving charges.
What if I Refuse a Breathalyser or Blood Test?
Refusing to take a breathalyser or blood test when requested by law enforcement is a serious offence that can result in its own set of legal consequences. Individuals who refuse to provide a breath sample, urine sample, or specimen of breath can face charges related to refusal of a test. When facing a charge of refusing a test, it is crucial to seek legal representation immediately. A drink driving solicitor can guide clients through the legal process, explain their legal rights, and develop a defence strategy tailored to their individual circumstances.
When requested to take a breathalyser or blood test, individuals have legal rights that must be respected. These rights generally include the right to a reasonable excuse for refusing a test, the right to legal representation, and the right to be properly informed of the consequences of refusing a test.
Understanding these legal rights and procedures is crucial when facing a charge of refusing a test. Seeking legal advice is essential in determining the best course of action and mounting a strong defence against such charges.
What are the consequences of Refusing a breathalyser or blood test?
Refusing to take a breathalyser or blood test can have severe legal consequences. These consequences can vary depending on the individual’s previous convictions, the jurisdiction, and the circumstances of the case.
One of the most immediate consequences of refusing a test is a driving disqualification. Individuals who refuse to provide a breath, urine or blood sample can face a driving disqualification, often for a period of time determined by the court. This disqualification prevents the individual from driving legally during that period.
In addition, refusing a test can result in an unlimited fine, penalty points on the driving licence and a criminal conviction. The fine imposed by the court can vary depending on the jurisdiction and penalty points can accumulate, potentially leading to a driving ban if a certain threshold is reached. Furthermore, a criminal conviction can have a long-lasting impact on an individual’s record, affecting employment opportunities, insurance premiums, and other aspects of life.
When facing a charge of refusing a test, seeking legal representation is crucial. A drink driving solicitor can assess the circumstances of the case, advise on the best defence strategy, and guide clients through the legal process, aiding in mitigating the potential consequences.
Can you Challenge the Validity of Tests?
Challenging the validity of breath, urine or blood tests is a common strategy employed by drink driving solicitors. It involves questioning the procedures followed during the test, ensuring that law enforcement adhered to the guidelines set out in the Road Traffic Act or relevant legislation.
At Keep My Driving Licence we closely examine the conduct of police constables involved in administering the test, ensuring they followed the prescribed protocols and properly informed the individual of their legal rights. We also scrutinise the collection, handling and storing of samples, looking for any irregularities that may have compromised the integrity of the test.
Reasonable excuse is a crucial aspect of challenging test validity. At Keep My Driving Licence we would explore whether their clients had a legitimate reason for failing or refusing a test, such as a medical condition, a breath sample contaminated by mouth alcohol, or faulty equipment used for the test.
By challenging the validity of tests, solicitors aim to create reasonable doubt about the accuracy of the evidence against their clients. If successful, this line of defence can result in a reduction of penalties or even a complete dismissal of the charges.
Questioning the Accuracy of breathalyser and blood tests
After being charged with drink driving, taking the right steps is crucial. Seeking legal representation at the earliest opportunity can greatly impact the outcome of your case. Here are some important steps to consider:
- Consult a drink driving solicitor: Contact a reputable drink driving solicitor as soon as possible. They can provide expert advice, assess the details of your case, and guide you through the legal process.
- Gather necessary documents: Provide your solicitor with all relevant documents, including your driving licence, the charge sheet and any other paperwork related to the incident. This will help them build a comprehensive defence strategy.
- Attend court dates: Cooperate with your legal team and make sure to attend all court dates. Your solicitor will guide you through the process, ensure you are properly represented, and present a strong case on your behalf.
- Follow legal advice: Listen to and follow the advice of your drink driving solicitor. They have the experience and expertise needed to navigate the legal system and achieve the best possible outcome for your case.
- Remember, being charged with drink driving is a serious offence, but with the right legal representation, you can have a strong defence strategy tailored to your specific circumstances.
How many units can you drink and still drive?
In the UK, the legal alcohol limit for drivers varies depending on whether you are in England, Wales, Northern Ireland, or Scotland, as Scotland has stricter limits. Here’s a breakdown of the legal limits:
England, Wales, and Northern Ireland:
- 35 micrograms of alcohol per 100 millilitres of breath
- 80 milligrams of alcohol per 100 millilitres of blood
- 107 milligrams of alcohol per 100 millilitres of urine
Scotland:
- 22 micrograms of alcohol per 100 millilitres of breath
- 50 milligrams of alcohol per 100 millilitres of blood
- 67 milligrams of alcohol per 100 millilitres of urine
Units of Alcohol and Safe Driving
There is no exact number of units that can universally ensure you’re below the legal limit, as it depends on various factors such as body weight, age, sex, metabolism, the type and amount of food eaten, stress levels, and the speed at which your body processes alcohol. However, the general advice is to avoid alcohol entirely if you plan to drive.
For a rough guideline:
- Men: No more than 3-4 units of alcohol can keep most men below the limit in England, Wales, and Northern Ireland, and around 2 units in Scotland.
- Women: No more than 2-3 units of alcohol can keep most women below the limit in England, Wales, and Northern Ireland, and around 1-2 units in Scotland.
Examples of Units
- A standard glass of wine (175ml) typically contains about 2 units.
- A pint of lower-strength beer (3.6%) contains around 2 units.
- A single measure of spirits (25ml) contains about 1 unit.
Since individual tolerances and responses to alcohol vary widely, it is safest to not drink at all when driving.
Legal Assistance if Caught Over the Limit
If you find yourself caught over the alcohol limit while driving, it’s crucial to seek professional legal assistance. Keep My Driving Licence is a UK solicitors’ firm specialising in cases related to driving offences, including drink driving. They can provide expert guidance and representation, helping you understand your rights and options. Their services can assist in:
- Case Assessment: Evaluating the specifics of your case to determine the best possible defence.
- Legal Representation: Representing you in court to ensure your case is presented in the best possible light.
- Mitigation: Presenting mitigating factors that could reduce the severity of any penalties or sentences.
- Appeals: Advising and representing you in any appeals process if you believe the outcome was unjust.
Keep My Driving Licence can help navigate the complexities of drink driving cases, potentially reducing fines, avoiding disqualification, or even securing an acquittal depending on the circumstances of your case. Seeking their assistance promptly can significantly impact the outcome of your situation.
FAQs
Drug Driving
What are the risks and consequences of drug driving in the UK?
If you’re convicted of drug driving you may get:
- a minimum 1 year driving ban
- an unlimited fine
- up to 6 months in prison
- a criminal record
The maximum penalty for causing death by careless driving under the influence of drugs is life imprisonment.
A conviction for drug driving also means:
- your car insurance costs will increase significantly
- if you drive for work, your employer will see your conviction on your licence
- you may have trouble travelling to countries like the USA
- Your driving licence will also show you’ve been convicted for drug driving. This will last for 11 years.
Drug driving poses serious risks to road users and can result in life-changing consequences. Drugs can impair reaction times, judgement and coordination, making it dangerous to operate a vehicle. Panic attacks can also occur as a result of drug use, further increasing the risk of accidents on the road. It is important to note that drug driving includes not only illegal drugs but also prescription medicines that can impair driving abilities. Accidental exposure to drugs, such as secondhand cannabis smoke or contact with certain substances, can still lead to a suspected drug driving offence. Roadside tests conducted by police officers can detect levels of both illegal drugs and legal drugs, such as prescription medications, in an individual’s system. The seriousness of drug driving offences is determined by the levels of drugs present in the body, with higher levels resulting in more severe penalties.
What is the role of an experienced drug driving solicitor/lawyer in a drug driving case?
Having an experienced drug driving solicitor like Keep My Driving Licence by your side is essential when facing drug driving charges. A drug driving lawyer specialises in defending individuals accused of driving under the influence, including drug driving cases. They understand the complexities of the law surrounding drug driving and can provide valuable legal advice and representation. In some cases, a guilty plea may be the most appropriate course of action, and a skilled Drug driving lawyer can guide clients through this process, ensuring it is done in a way that minimises the impact of the conviction. If the case goes to court, an experienced Drug driving solicitor can present evidence and arguments in the court, working tirelessly to mount a strong defence. Their knowledge of the legal system, combined with their expertise in drug driving cases, can make a significant difference in the outcome of your case. It is crucial to engage an experienced Drug driving solicitor who can navigate the complexities of drug driving laws and provide effective legal representation.
What is the importance of mitigating circumstances in Court?
When facing drug driving charges, presenting evidence of mitigating circumstances can significantly influence the outcome of the case. Mitigating circumstances refer to any factors that may have contributed to the drug driving offence but might warrant a lesser penalty. Here are some examples of mitigating circumstances that can be considered in court:
- Accidental exposure to drugs, such as secondhand cannabis smoke or contact with certain substances, leading to a positive test result.
- Demonstrating a genuine need for prescription medicines that may have impaired driving abilities, but were taken as prescribed by a healthcare professional (possible defence).
Being able to present these mitigating circumstances can lead to reduced penalties or even a more favourable outcome in drug driving cases. The court takes into account the behaviour of drug drivers at the time of driving and any additional factors that may contribute to the offence. It is essential to work closely with legal representation to identify and present strong mitigating circumstances, ensuring that your case receives fair consideration in court
What is the impact of a drug driving charge on your record?
A drug driving charge can have significant implications on your record, particularly in terms of employment opportunities. Being convicted of drug driving results in a criminal record, which can be a barrier when seeking employment in certain industries, such as healthcare, law enforcement or government services. Potential employers may consider drug driving convictions when reviewing job applications, and it can have a negative impact on career prospects. Additionally, certain professions may have specified limits of certain drugs, and exceeding these limits can lead to disqualification from certain roles. It is crucial to understand the long-term consequences of a drug driving charge and its potential impact on employment opportunities.
How do I find the right legal representation?
Soliciting timely legal advice is crucial to securing suitable representation with a qualified attorney experienced in drug driving cases. It’s essential to choose legal advisors specialising in drug driving defence, with a proven track record in defending such cases and expertise in navigating legal proceedings. Retaining legal counsel familiar with the specifics of drug driving can significantly impact the outcome of the case. Call Keep My Driving Licence on 0800 999 5535
FAQs
Speeding charge
How many points for speeding?
If you’re caught speeding in the UK, the number of penalty points you could receive on your driving licence depends on the severity of the offence. The minimum penalty for speeding is 3 penalty points and a £100 fine. However, the points can vary based on how much you exceeded the speed limit. In some cases, especially if your speed was significantly over the limit, you might be facing more severe consequences, including the possibility of disqualification from driving.
For minor speeding offences, you may be offered the option to attend a speed awareness course instead of receiving penalty points. This option is usually offered if it’s your first offence or if you haven’t attended a course in the past 3 years. Opting for this course can help you avoid penalty points on your licence.
If you accumulate 12 or more penalty points within a 3-year period, you could be disqualified from driving under the “totting up” procedure. New drivers should be particularly cautious, as having 6 or more penalty points within 2 years of passing your driving test will result in your licence being revoked.
Remember, the specifics of your case, including the speed you were driving at and the speed limit of the road, will significantly influence the penalties.
Do police cars have speed cameras
In the UK, some police vehicles are equipped with speed cameras or mobile speed detection technology. These enable officers to enforce speed limits and identify speeding vehicles in real-time. The types of equipment used can vary, including laser guns (LIDAR), which can measure a vehicle’s speed from a distance, and in-car systems that calculate speeds by tracking how fast a vehicle passes between two points.
Additionally, police vehicles, especially those used by traffic officers, may be fitted with Automatic Number Plate Recognition (ANPR) technology. While ANPR is primarily used for monitoring and recording the movements of vehicles against various databases for enforcement and investigation purposes, it can also support speed enforcement activities by identifying vehicles associated with motoring offences, including those related to speeding.
It’s important to remember that the goal of speed enforcement is to ensure road safety and compliance with speed limits, rather than just to penalise drivers. If you find yourself accused of a speeding offence, it’s beneficial to seek legal advice. Keep My Driving Licence offers specialised legal support for those facing motoring offences. Our team of experts can provide advice, representation, and support to help you understand the charges against you, the potential consequences, and the options available to you, including any defenses or mitigating circumstances that may apply to your case.
Can a police car catch you speeding?
Yes, a police car can catch you speeding. In the UK, police use various methods and technologies to enforce speed limits and catch speeding drivers. Here are some of the primary ways police cars can catch you speeding:
Onboard Speed Detection Equipment
- Speed Radar: Many police cars are equipped with radar guns that can measure the speed of vehicles. These can be used while the police car is stationary or moving.
- Laser Speed Guns: Laser speed guns (LIDAR) can accurately measure the speed of a vehicle from a distance and are often used by police from a stationary position.
- VASCAR (Visual Average Speed Computer and Recorder): This system calculates a vehicle’s speed by measuring the time it takes to travel between two points. It can be used while the police car is moving or stationary.
Automatic Number Plate Recognition (ANPR)
Police cars often have ANPR cameras, which can check if a vehicle is stolen, has unpaid fines, or is involved in criminal activities. While not directly related to speed enforcement, these systems contribute to overall traffic law enforcement.
Dash Cameras
Many police cars are equipped with dash cameras that can record the speed of vehicles in front of them. These recordings can be used as evidence of speeding.
Follow Checks
In some cases, police may follow a vehicle to match its speed. If the police car maintains a consistent distance and the speedometer shows a speed over the limit, this can be used as evidence of speeding.
Mobile Speed Enforcement Units
Some police cars are designated as mobile speed enforcement units. These vehicles are equipped with advanced speed detection technology and are used specifically to patrol and monitor speed limits in various areas.
Unmarked Police Cars
Police also use unmarked cars to catch speeding drivers. These vehicles look like regular cars but are equipped with speed detection technology, allowing officers to catch drivers who might be on the lookout for marked police vehicles.
Consequences of Being Caught Speeding
If you are caught speeding by any of these methods, you may face penalties such as:
- Fixed Penalty Notice (FPN): A fine and penalty points on your driving licence.
- Court Summons: For more serious offences, you may be summoned to court, where you could face a larger fine, more penalty points, or a driving ban.
- Speed Awareness Course: In some cases, you may be offered the option to attend a speed awareness course instead of receiving penalty points.
Legal Assistance
If you are caught speeding and face legal consequences, seeking professional legal advice can be beneficial. Firms like Keep My Driving Licence can provide expert guidance and representation, helping you navigate the legal process and potentially mitigate the penalties. They can assist with:
- Understanding Charges: Clarifying the specifics of the speeding offence you are charged with.
- Representation: Offering legal representation in court to present your case effectively.
- Mitigation: Helping to present any mitigating circumstances that might reduce the severity of the penalties.
- Appeals: Assisting with appeals if you believe the speeding charge is unjust or incorrect.
FAQs
Drunk in Charge
How many units can you drink and drive, and what is the drink drive limit in the UK?
In the UK, the legal limits for alcohol whilst driving are as follows:
In England, Wales, and Northern Ireland, the limit is 35ug in breath or 80 mg of alcohol per 100 millilitres of blood or 107 mg per 100 millilitres of urine.
Due to the complexity of how the body metabolises alcohol, which can be influenced by various factors such as weight, age, metabolism, and whether you’ve eaten, the safest advice is to avoid drinking any alcohol if you plan to drive. This precaution ensures you remain within the legal limit, as there’s no “one size fits all” guideline for how many units can be safely consumed before driving.
If you’re caught driving over the legal alcohol limit, the situation is serious and can result in severe consequences, including fines, the potential loss of your driving licence, or even imprisonment. It’s strongly recommended to seek legal representation in such cases. Legal professionals who specialise in motoring offences can offer invaluable advice, possibly helping to reduce the penalties or guiding you through the legal proceedings more smoothly.
Our firm specialises in handling motoring offences, including cases of drink driving. We’re familiar with the intricacies of the law in this area and can provide the advice and representation you need. Whether you’re seeking to minimise the penalties or need assistance navigating the legal system, our experienced team is here to help.
Facing drink driving charges? Don’t go through it alone. Contact us today to discuss your case and find out how we can assist you. Our expertise could be crucial in achieving a more favourable outcome.
Visit us at: https://keepmydrivinglicence.co.uk/ for more information and to get the support you need.
What happens if you crash your car while drunk
Crashing your car while under the influence of alcohol is a serious offence in the UK and can lead to severe legal and personal consequences. Here’s a breakdown of what happens if you crash your car while drunk:
Immediate Consequences
- Police Involvement:
- Arrest: If you are involved in a crash and suspected of being over the alcohol limit, the police will likely arrest you at the scene.
- Breath Test: You will be required to take a breath test at the scene. If you fail this test, you will be taken to the police station for further tests, such as a breathalyser or blood test.
- Medical Attention:
- If there are injuries, emergency services will be called to provide medical assistance. You may be taken to hospital for treatment, where blood tests can also be conducted to determine your alcohol level.
Legal Consequences
- Charges:
- You can be charged with several offences, including drink driving, dangerous driving, and causing death or serious injury by dangerous driving if applicable.
- Penalties:
- Fines: Substantial fines can be imposed.
- Driving Ban: A mandatory driving ban, typically starting at 12 months, but it can be longer depending on the severity of the offence and whether it’s a repeat offence.
- Imprisonment: Severe cases, especially those involving injury or death, can lead to imprisonment. For causing death by dangerous driving, the maximum penalty is 14 years in prison.
- Points on Licence:
- You will receive penalty points on your driving licence, which can lead to higher insurance premiums and difficulty obtaining insurance.
Insurance Consequences
- Invalidated Insurance:
- Most insurance policies are invalidated if you are driving under the influence of alcohol. This means you will be personally liable for any damage caused to property, other vehicles, or injuries to other people.
- Increased Premiums:
- If your insurance isn’t invalidated, you can expect significantly higher premiums in the future.
- Loss of No-Claims Bonus:
- You will likely lose any no-claims bonus you have accumulated.
Legal Assistance
Given the seriousness of crashing while drunk, seeking legal assistance is crucial. Keep My Driving Licence, a UK solicitors’ firm specialising in driving offences, can provide invaluable support. They can help in several ways:
- Legal Representation: Providing expert representation in court to ensure your case is handled as favourably as possible.
- Mitigation: Presenting any mitigating factors that could potentially reduce your sentence or penalties.
- Advice and Guidance: Offering comprehensive advice on the legal process and potential outcomes.
- Appeals: Assisting with any appeals if you believe the initial verdict was unjust.
Keep My Driving Licence can guide you through the complex legal landscape, helping you understand your rights and options, and striving for the best possible outcome given the circumstances.
FAQs
Failing to Provide a Specimen
Can you get away with failing to provide a specimen
Failing to provide a specimen for analysis when requested by the police is a serious offence under UK law. It carries strict penalties because it’s often associated with attempts to avoid prosecution for drink or drug driving. The law requires drivers to comply with such requests at the roadside or at a police station, and refusing to do so can result in charges that may lead to fines, disqualification from driving, and potentially imprisonment.
However, the concept of “getting away” with such an offence is not straightforward. The courts do consider valid excuses for failing to provide a specimen, such as certain medical conditions or procedural errors by the police. Yet, these defences require substantial evidence and are closely scrutinised. Without a valid and legally recognised excuse, the chances of facing no consequences for failing to provide a specimen are slim.
If you find yourself accused of this offence, seeking legal advice is crucial. A specialised solicitor can evaluate your case, advise on the best course of action, and represent you in court. In some cases, they might be able to present a defence that significantly reduces the penalties or even leads to the charges being dropped. Therefore, while “getting away” with failing to provide a specimen is not a realistic expectation without a legitimate defence, proper legal representation can make a significant difference in the outcome.
FAQs
Totting Up & Exceptional Hardship
Is a totting up ban a criminal offence?
Accumulating 12 or more penalty points on your driving licence within a three-year period, known as “totting up,” itself is not classified as a criminal offence. However, it results in mandatory disqualification from driving, unless exceptional hardship is established on the balance of probabilities.
Here’s a more detailed explanation:
Nature of Penalty Points
- Penalty Points System:
- Penalty points are assigned for various motoring offences, which can range from minor infractions to more serious violations. Examples include speeding, using a mobile phone while driving, and running a red light.
- Administrative Sanction:
- The accumulation of penalty points and the subsequent totting up ban are administrative sanctions rather than criminal convictions. They are part of the regulatory measures to promote road safety and compliance with traffic laws.
Offences Leading to Totting Up
- Motoring Offences:
- The offences that contribute to penalty points can be criminal in nature. For example:
- Speeding: Typically, a minor offence but can be criminal if it involves extremely high speeds.
- Driving Without Insurance: Another criminal offence.
- The offences that contribute to penalty points can be criminal in nature. For example:
- Court Appearance:
- If you accumulate enough points to be disqualified, you will be required to appear in court. The court will decide on the length of the disqualification and any other penalties.
Consequences of a Totting Up Ban
- Driving Disqualification:
- The standard disqualification period for totting up is six months. However, if you have been disqualified before, this period can be longer.
- The disqualification affects your driving record but does not result in a criminal record.
- Impact on Employment and Insurance:
- A driving ban can have significant personal and professional consequences, affecting your ability to work and leading to higher insurance premiums.
Exceptional Hardship Argument
- Mitigating Circumstances:
- During your court appearance, you can argue that a driving ban would cause “exceptional hardship” to you or others. If successful, the court may decide not to impose the ban or to reduce its length.
Legal Assistance
- Seeking Legal Advice:
- It is advisable to seek legal advice if you are facing a totting up ban. Solicitors specialising in motoring offences, like Keep My Driving Licence, can provide valuable assistance:
- Case Evaluation: Reviewing your case and advising on the best course of action.
- Representation: Representing you in court to present your case effectively.
- Mitigation: Helping to argue for exceptional hardship or other mitigating circumstances.
- It is advisable to seek legal advice if you are facing a totting up ban. Solicitors specialising in motoring offences, like Keep My Driving Licence, can provide valuable assistance:
Conclusion
While totting up itself is not a criminal offence, it results from the accumulation of penalty points for motoring offences, some of which can be criminal in nature. The main consequence is a driving disqualification, which is an administrative penalty. Seeking professional legal advice can help manage the process and potentially mitigate the impact of the ban.
What happens after totting up ban
In the UK, a totting up ban occurs when a driver accumulates 12 or more penalty points on their driving licence within a three-year period. This results in an automatic disqualification from driving. Here’s a detailed breakdown of what happens after you receive a totting up ban:
Immediate Consequences
- Court Appearance:
- You will be summoned to court to face the totting up ban. The court will formally disqualify you from driving.
- Disqualification Period:
- The standard disqualification period is six months. However, if you have previously been disqualified, the period may be longer:
- Six months if you’ve not been disqualified in the last three years.
- One year if you’ve been disqualified once in the last three years.
- Two years if you’ve been disqualified more than once in the last three years.
- The standard disqualification period is six months. However, if you have previously been disqualified, the period may be longer:
Exceptional Hardship
- Pleading Exceptional Hardship:
- During your court appearance, you may plead “exceptional hardship” to avoid the disqualification or to reduce its length. Exceptional hardship refers to the significant negative impact the ban would have on your life or the lives of others (e.g., losing your job, inability to care for dependents).
- Evidence Required:
- You will need to provide substantial evidence to support your claim of exceptional hardship, such as letters from your employer, financial statements, or testimonies from dependents.
After the Ban
- Reapplying for Your Licence:
- Once the disqualification period is over, you will need to reapply for your driving licence. This usually involves filling out an application form and paying a fee to the DVLA.
- Insurance Premiums:
- Your car insurance premiums are likely to increase significantly. Insurers view drivers who have been banned as higher risk.
- Driving Record:
- The penalty points that led to the disqualification will remain on your driving record. This means you could face another ban more easily if you accumulate additional points after your licence is reinstated.
Legal Assistance
Navigating a totting up ban and its consequences can be complex, and seeking legal advice is often beneficial. Keep My Driving Licence, a UK solicitors’ firm specialising in driving offences, can provide expert guidance and representation in such cases. They can assist with:
- Pleading Exceptional Hardship: Helping you prepare and present a compelling case for exceptional hardship, including gathering and organising necessary evidence.
- Legal Representation: Representing you in court to ensure your case is articulated clearly and effectively.
- Post-Ban Support: Advising you on how to reapply for your licence and manage the repercussions of the disqualification.
Keep My Driving Licence can offer tailored support to help mitigate the impact of a totting up ban, ensuring you understand your rights and options throughout the process.
How to avoid totting up ban
Avoiding a totting up ban in the UK, which occurs when you accumulate 12 or more penalty points on your driving licence within three years, requires careful management of your driving behaviour and strategic legal actions if you are at risk. Here are several strategies to avoid a totting up ban:
Safe Driving Practices
- Adhere to Traffic Laws:
- The most effective way to avoid penalty points is to strictly follow all traffic regulations, including speed limits, traffic signals, and road signs.
- Defensive Driving:
- Practice defensive driving techniques, such as maintaining a safe distance from other vehicles, anticipating the actions of other drivers, and staying alert and focused on the road.
- Avoid Distractions:
- Minimise distractions while driving, such as using mobile phones, eating, or adjusting the radio.
Dealing with Penalty Points
- Speed Awareness Courses:
- For minor speeding offences, you might be offered the option to attend a speed awareness course instead of receiving penalty points. These courses educate drivers on the dangers of speeding and can prevent points from being added to your licence.
- Contest Penalty Points:
- If you believe a penalty is unjust, you can contest it. This may involve providing evidence or arguing your case in court. Legal assistance can be crucial in these situations.
Exceptional Hardship Argument
- Prepare for Court:
- If you are at risk of reaching 12 points, you can argue in court that a ban would cause “exceptional hardship.” This is not simply inconvenience but significant difficulty for you or others who depend on you.
- Gather Evidence:
- Collect evidence to support your exceptional hardship claim. This might include:
- Letters from your employer detailing the potential job loss.
- Financial records showing the impact on your livelihood.
- Statements from dependents or others who would be significantly affected.
- Collect evidence to support your exceptional hardship claim. This might include:
Legal Assistance
- Seek Legal Advice:
- Engaging a solicitor who specialises in motoring offences can provide invaluable support. Keep My Driving Licence, a UK solicitors’ firm, can help in several ways:
- Assessment: Reviewing your case and advising on the best course of action.
- Representation: Representing you in court to present a strong case for exceptional hardship.
- Mitigation: Helping to present any mitigating circumstances that might reduce penalties.
- Engaging a solicitor who specialises in motoring offences can provide invaluable support. Keep My Driving Licence, a UK solicitors’ firm, can help in several ways:
- Challenge Points:
- Legal experts can help challenge the validity of penalty points, whether due to procedural errors, incorrect signage, or other defences.
Practical Tips
- Keep Track of Points:
- Be aware of how many points you have on your licence. This can help you make informed decisions if you are at risk of a totting up ban.
- Avoid Risky Situations:
- If you are close to reaching the 12-point threshold, be especially cautious and avoid risky driving behaviours.
- Stay Informed:
- Keep up-to-date with changes in traffic laws and regulations to ensure compliance.
By combining safe driving practices with strategic legal actions, you can effectively manage the risk of accumulating penalty points and avoid a totting up ban.
FAQs
Dangerous and Careless Driving
What is the minimum sentence for death by dangerous driving?
The minimum sentence for causing death by dangerous driving in the UK is notably severe due to the grave nature of the offence. It mandates a minimum 5-year driving disqualification and necessitates passing an extended driving test for licence reinstatement. While the law does not stipulate a mandatory minimum prison sentence for this offence, judges often impose custodial sentences, which can be as long as 18years or life imprisonment, depending on the specific details of the case such as the driver’s conduct, any previous convictions, and the presence of aggravating factors like alcohol or drug use.
Given the complexities and potential for severe penalties associated with death by dangerous driving charges, securing specialised legal advice is critical. Keep My Driving Licence offers expert legal support from professionals experienced in handling serious motoring offences. Our team can provide comprehensive guidance and robust representation, aiming to achieve the most favourable outcome for your case. If you’re facing such charges, we encourage you to get in touch with Keep My Driving Licence today to discuss your situation and how we can assist you through this difficult time.
Is dangerous driving a criminal offence?
Yes, dangerous driving is a criminal offence in the UK. It is defined as driving that falls far below the standard 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. Here’s a detailed look at the offence and its consequences:
Definition of Dangerous Driving
- Standard of Driving: Dangerous driving involves a standard of driving that is much lower than what would be expected from a competent and careful driver.
- Obvious Danger: It must be obvious to a competent and careful driver that the manner of driving is dangerous, which means there is a clear risk of harm to people or property.
Examples of Dangerous Driving
- Excessive Speeding: Driving at excessively high speeds.
- Aggressive Driving: Tailgating, weaving in and out of traffic, or road rage incidents.
- Ignoring Traffic Signals: Running red lights or ignoring traffic signs.
- Impaired Driving: Driving under the influence of alcohol or drugs.
- Using Mobile Phones: Using a mobile phone for texting or other activities while driving.
Legal Consequences
- Court Prosecution:
- Dangerous driving cases are prosecuted in court, and the severity of the penalties depends on the circumstances of the offence.
- Penalties:
- Imprisonment: The maximum penalty for dangerous driving is two years’ imprisonment.
- Disqualification: Mandatory driving disqualification for at least 12 months.
- Extended Re-test: Requirement to pass an extended driving test before the licence is reinstated.
- Fines: Depending on the case, fines can be imposed.
Aggravating Factors
Certain factors can increase the severity of the penalties for dangerous driving, such as:
- Causing Serious Injury or Death: If dangerous driving results in serious injury or death, the penalties are significantly harsher, with potential for up to 14 years’ imprisonment.
- Previous Convictions: Having previous convictions for similar offences can result in stricter penalties.
Defending a Dangerous Driving Charge
Given the seriousness of a dangerous driving charge, it is crucial to seek professional legal advice. Solicitors who specialise in motoring offences, like Keep My Driving Licence, can provide essential support in several ways:
- Legal Representation: Representing you in court to ensure your case is presented effectively.
- Case Evaluation: Reviewing the specifics of your case to determine the best defence strategy.
- Mitigation: Presenting any mitigating factors to potentially reduce the severity of the penalties.
- Appeals: Assisting with appeals if you believe the conviction or sentence was unjust.
Conclusion
Dangerous driving is a serious criminal offence in the UK with significant legal consequences, including potential imprisonment, driving disqualification, and fines. If charged with dangerous driving, it is essential to seek expert legal assistance to navigate the legal process and ensure the best possible outcome.
How many points for dangerous driving?
In the UK, dangerous driving is a serious offence that carries significant penalties, including a mandatory driving disqualification and, in some cases, imprisonment. However, dangerous driving itself does not directly result in penalty points on your driving licence, as the penalties are more severe.
Penalties for Dangerous Driving
- Driving Disqualification:
- Dangerous driving results in a mandatory driving ban for at least 12 months.
- After the ban, you must pass an extended driving test to regain your licence.
- Imprisonment:
- The maximum penalty for dangerous driving is up to 2 years’ imprisonment.
- Fines:
- You may also be subject to an unlimited fine, depending on the severity of the offence.
Aggravated Offences
If dangerous driving causes serious injury or death, the penalties are more severe:
- Causing Death by Dangerous Driving:
- Up to 14 years’ imprisonment.
- Extended driving ban.
Legal Assistance
Given the severity of dangerous driving charges, it is crucial to seek legal advice. Firms like Keep My Driving Licence can offer expert representation and help mitigate the consequences of such charges.
What is the penalty for causing death by dangerous driving?
Causing death by dangerous driving is one of the most serious motoring offences in the UK, and it carries severe penalties. Here is a detailed breakdown of the penalties for causing death by dangerous driving:
Penalties for Causing Death by Dangerous Driving
- Imprisonment:
- The maximum penalty is up to 14 years in prison. The length of the sentence can vary depending on the circumstances of the offence, including the degree of negligence and any aggravating factors.
- Driving Disqualification:
- Mandatory disqualification from driving for a minimum of 2 years. The court may impose a longer ban depending on the specifics of the case.
- Requirement to pass an extended driving test before the licence is reinstated.
- Unlimited Fine:
- The court may also impose an unlimited fine, depending on the severity of the offence and the offender’s financial circumstances.
- Extended Test Requirement:
- After the disqualification period, you will be required to pass an extended driving test to regain your driving licence. This test is more comprehensive than the standard driving test.
Aggravating Factors
Several factors can lead to more severe penalties, including:
- Previous Convictions: Having previous convictions for similar offences.
- High Level of Danger: Engaging in particularly dangerous driving behaviours, such as extreme speeding, aggressive driving, or racing.
- Impairment: Driving under the influence of alcohol or drugs.
- Vulnerable Victims: If the victim was a vulnerable road user, such as a pedestrian or cyclist.
Mitigating Factors
The court may consider mitigating factors that could reduce the severity of the penalties, such as:
- Remorse: Demonstrating genuine remorse for the offence.
- Early Guilty Plea: Pleading guilty at the earliest opportunity.
- Lack of Previous Convictions: Having a clean driving record prior to the offence.
Legal Assistance
Given the seriousness of the offence and the potential consequences, it is crucial to seek professional legal advice and representation. Solicitors who specialise in motoring offences, like Keep My Driving Licence, can provide essential support in several ways:
- Legal Representation: Representing you in court to ensure your case is presented effectively and advocating for the best possible outcome.
- Case Evaluation: Reviewing the specifics of your case to determine the best defence strategy.
- Mitigation: Presenting any mitigating factors to potentially reduce the severity of the penalties.
- Appeals: Assisting with appeals if you believe the conviction or sentence was unjust.
Conclusion
Causing death by dangerous driving is a grave offence with severe penalties, including up to 14 years in prison, a mandatory driving ban, and an extended driving test requirement. If charged with this offence, seeking expert legal assistance is crucial to navigating the legal process and achieving the best possible outcome.
How long does dangerous driving stay on record?
In the UK, a dangerous driving conviction will stay on your driving record for a specific period of time. Here’s a detailed explanation of how long dangerous driving stays on your record and what it entails:
Duration on Driving Record
- Endorsement Code:
- Dangerous driving is recorded on your driving licence with the endorsement code DD40.
- Duration:
- The endorsement for dangerous driving remains on your driving record for 4 years from the date of the offence.
Driving Licence Record
- DVLA Record:
- The conviction is recorded by the Driver and Vehicle Licensing Agency (DVLA) and will be visible to any parties that check your driving record, such as insurers or employers, during this period.
- Impact on Insurance:
- Having a dangerous driving endorsement on your record can significantly impact your car insurance premiums, making them much higher. Insurers may view you as a high-risk driver.
Extended Driving Test Requirement
- Reinstatement of Licence:
- After the disqualification period, you must pass an extended driving test to have your licence reinstated. This test is more comprehensive than the standard driving test.
Legal Assistance and Mitigation
- Expert Legal Advice:
- If you are facing a dangerous driving charge, obtaining legal advice is crucial. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can help you navigate the legal system, present mitigating factors, and potentially reduce the severity of penalties.
- Court Representation:
- Effective legal representation can assist in presenting your case in the best possible light, whether it’s arguing for reduced penalties or ensuring all mitigating factors are considered.
Additional Considerations
- Criminal Record:
- Dangerous driving is a criminal offence, and the conviction will also be recorded on your criminal record. This can have broader implications for employment and travel.
- Rehabilitation Period:
- While the endorsement stays on your driving record for 4 years, the rehabilitation period under the Rehabilitation of Offenders Act 1974 for a dangerous driving conviction is also 4 years from the date of conviction. After this period, the conviction becomes spent, meaning it doesn’t need to be disclosed to most employers.
Conclusion
A dangerous driving conviction will stay on your driving record for 4 years from the date of the offence. It will also appear on your criminal record for the same period. The conviction can affect your insurance premiums and require you to pass an extended driving test to regain your licence. Seeking professional legal assistance from firms like Keep My Driving Licence can help mitigate the impact of the conviction and navigate the legal process effectively.
FAQs
Early return of Licence
How to get an early return of driving licence after disqualification?
To apply for early removal of a driving disqualification in the UK, follow these steps:
- Check Your Eligibility: You can apply for early removal of your driving disqualification if you have served:
- 2 years of your ban if it is less than four years.
- Halfway point of of your ban if it was between four and ten years.
- Five years if your ban is for ten years or more.
- Contact a Solicitor: Specialists in driving offences, such as Keep My Driving Licence, can provide advice, assess your eligibility, and help prepare your application. They offer no-obligation consultations to get started.
- Make Your Application: Apply to the Magistrates’ Court that issued your original disqualification. You’ll also need to notify the Chief Constable of the area in which you were disqualified. There may be a fee required when lodging your application.
- Prepare for Your Hearing: If eligible, a court hearing will be scheduled. The court will consider several factors, including the nature of the offence that led to your disqualification, your conduct during the disqualification period, any employment opportunities that require driving, and any other personal circumstances that necessitate driving.
- Attend the Hearing: You must attend this hearing, where you’ll have the opportunity to argue why your disqualification should be lifted early. Be prepared to present evidence supporting your case. The police may also attend and can contest your application.
Remember, successful applications typically depend on demonstrating that your circumstances have significantly changed since your disqualification, warranting an early return of your driving licence.
FAQs
Driving While Using a Mobile Phone
Is using a mobile phone illegal while driving?
In the UK, it’s illegal to operate a handheld mobile phone or a similar device while driving a vehicle on the roads. This prohibition extends to moments when you’re stopped at traffic lights, queuing in traffic, supervising a learner driver, in a car that auto-stops its engine, or even when holding a device that’s offline or in flight mode.
However, there are exceptions to this rule, allowing you to use a handheld phone if:
- You are safely parked with the engine turned off.
- It’s necessary to call 999 or 112 in an emergency and stopping is impractical or unsafe.
- You’re making a contactless payment in a stationary vehicle, such as at a drive-through, without holding the phone.
- The phone is being used to remotely park the vehicle.
For those utilising hands-free devices, it’s imperative that these devices are not held during their use. They must not obstruct your view or control of the vehicle. Nonetheless, even with hands-free operation, if your driving is deemed dangerous due to distraction, penalties can apply.
Penalties for the use of a handheld mobile phone while driving are severe, including six penalty points on your licence and a £200 fine. Novice drivers, within two years of passing their test, face licence revocation upon accumulating six points. Furthermore, inadequate road view or vehicle control due to device use can lead to three penalty points.
In extreme cases, court proceedings might result in driving bans or fines up to £1,000, which escalates to £2,500 for lorry or bus drivers.
At Keep My Driving Licence, we understand the complexities and challenges drivers face regarding mobile phone usage laws. Our solicitors specialise in defending clients against driving offence charges, offering expert legal advice and support to navigate through the legal process effectively. If you find yourself in need of assistance or are facing penalties related to mobile phone use while driving, don’t hesitate to contact us. Our team is committed to providing the best possible outcome, ensuring you stay informed and supported throughout your case.
For a consultation and to discuss how we can help keep your driving licence, reach out to Keep My Driving Licence today. Remember, it’s not just about avoiding fines; it’s about ensuring your right to drive is protected.
Is driving with a mobile phone a criminal offence?
Yes, driving with a mobile phone is considered a criminal offence in the UK. This offence carries significant penalties and is taken very seriously due to the risks it poses to road safety. Here’s a detailed explanation:
Legal Framework
- Legislation: The law prohibiting the use of hand-held mobile phones while driving is outlined in the Road Traffic Act 1988 and further reinforced by the UK government’s efforts to enhance road safety.
- Specific Offences: The offence covers using a hand-held mobile phone for any purpose while driving, including making calls, sending texts, taking photos, or using apps.
Penalties
- Fixed Penalty Notice:
- Fine: £200.
- Penalty Points: 6 points on your driving licence.
- Court Summons:
- If the case goes to court, the penalties can be more severe:
- Fine: Up to £1,000.
- Penalty Points: 6 points.
- Disqualification: Possible driving disqualification at the court’s discretion.
- If the case goes to court, the penalties can be more severe:
- New Drivers:
- For new drivers (those who have held a licence for less than two years), accumulating 6 penalty points will result in an automatic licence revocation. This means the driver will need to reapply for a provisional licence and retake both the theory and practical driving tests.
Criminal Record
- Criminal Conviction: Being convicted of using a mobile phone while driving will result in a criminal record. This can have broader implications, such as affecting employment opportunities and increasing car insurance premiums.
Exceptions
- Emergency Situations: Using a mobile phone to call 999 or 112 is allowed in a genuine emergency where it is unsafe or impractical to stop.
- Hands-Free Use: Using a mobile phone hands-free is legal, provided the device is in a holder or cradle and you do not hold it at any time while driving. Voice commands and built-in sat-nav systems are also permitted.
Enforcement
- Police Monitoring: The police use various methods to catch offenders, including roadside stops, unmarked vehicles, and cameras.
- Public Awareness Campaigns: There are ongoing public awareness campaigns to educate drivers about the dangers and legal consequences of using a mobile phone while driving.
Legal Assistance
If you are charged with using a mobile phone while driving, seeking legal advice is advisable. Specialist motoring solicitors, such as Keep My Driving Licence, can provide valuable support:
- Case Evaluation: Reviewing the details of your case to provide appropriate legal advice.
- Court Representation: Representing you in court to present your case effectively and potentially mitigate penalties.
- Mitigation: Helping to present any mitigating factors to reduce the severity of the penalties.
Conclusion
Driving with a mobile phone is a criminal offence in the UK, carrying significant penalties including fines, penalty points, and potential disqualification. A conviction also results in a criminal record. It is crucial to adhere to the legal guidelines regarding mobile phone use while driving to avoid these penalties. If you face charges, seeking professional legal assistance can help navigate the legal process and mitigate the impact of the penalties.
What is the fine for driving using a mobile phone?
In the UK, the fine for using a mobile phone while driving is stringent to deter drivers from engaging in this dangerous behaviour. Here are the details:
Fixed Penalty
- Fine: If you are caught using a hand-held mobile phone while driving, you will receive a fixed penalty notice with a fine of £200.
- Penalty Points: Along with the fine, you will also receive 6 penalty points on your driving licence.
Court Summons
If you challenge the fixed penalty notice or if the case goes to court for any reason, the penalties can be more severe:
- Fine: The court can impose a fine of up to £1,000 for using a mobile phone while driving.
- Penalty Points: The court can endorse your driving licence with 6 penalty points.
- Disqualification: In some cases, the court may decide to disqualify you from driving.
New Drivers
For drivers who have passed their test within the last two years, the consequences are even more severe:
- Licence Revocation: Receiving 6 penalty points within the first two years of passing your driving test results in an automatic revocation of your driving licence. You will need to reapply for a provisional licence and retake both the theory and practical driving tests.
Exceptions and Legal Use
While the law is strict, there are a few exceptions where you can use a mobile phone:
- Emergency Situations: You can use your phone to call 999 or 112 in a genuine emergency where it is unsafe or impractical to stop.
- Hands-Free Use: You can use a mobile phone hands-free, provided it is in a cradle or holder and you do not hold it at any point while driving. This includes using voice commands and using a built-in sat-nav system.
Enforcement
The police use various methods to enforce the mobile phone driving laws, including:
- Roadside Stops: Police can stop drivers suspected of using a mobile phone.
- Cameras: Use of cameras and surveillance technology to catch offenders.
- Unmarked Vehicles: Police in unmarked cars to monitor and catch drivers using mobile phones.
Impact on Insurance
A conviction for using a mobile phone while driving can significantly increase your car insurance premiums. Insurers view this as a serious offence indicating higher risk.
Legal Assistance
If you are charged with using a mobile phone while driving, seeking legal advice can help:
- Case Assessment: Lawyers can review your case and advise on the best course of action.
- Representation: Legal representation in court can help mitigate penalties.
- Mitigation: Presenting mitigating circumstances to potentially reduce the severity of the penalties.
Conclusion
Using a mobile phone while driving in the UK carries a fixed penalty of £200 and 6 penalty points. More severe penalties, including higher fines and disqualification, can be imposed if the case goes to court. For new drivers, accruing 6 penalty points can lead to automatic licence revocation. To avoid these penalties, it is essential to use mobile phones in a hands-free manner and adhere to the legal guidelines. If you face charges, seeking professional legal assistance can help navigate the process and potentially reduce the impact of the penalties.
What is the new law on mobile phones and driving?
The UK government has tightened the laws on using mobile phones while driving, making it illegal to use a hand-held device for virtually any purpose while behind the wheel. The updated legislation, which came into effect on 25 March 2022, aims to close loopholes and reduce distractions on the road. Here are the key details:
New Law on Mobile Phones and Driving
- Total Ban on Hand-Held Use:
- It is illegal to hold and use a mobile phone, sat-nav, tablet, or any other device that can send or receive data while driving or riding a motorcycle. This includes when you are stopped at traffic lights or in traffic jams.
- Activities Prohibited:
- The ban covers any hand-held use, including:
- Making or receiving calls.
- Sending text messages or emails.
- Taking photos or videos.
- Scrolling through playlists.
- Using apps or the internet.
- The ban covers any hand-held use, including:
- Exceptions:
- There are limited exceptions to the ban:
- You can use a mobile phone to call emergency services (999 or 112) if it’s unsafe or impractical to stop.
- You can make contactless payments at drive-through services (e.g., McDonald’s), but the vehicle must be stationary.
- Using a mobile phone as a sat-nav is allowed, but the device must be in a hands-free cradle, and you cannot touch it while driving.
- There are limited exceptions to the ban:
- Hands-Free Use:
- Hands-free access is allowed, provided you do not hold the device. This includes:
- Using voice commands.
- Using a built-in sat-nav system.
- Using a device mounted in a hands-free holder.
- Hands-free access is allowed, provided you do not hold the device. This includes:
Penalties for Non-Compliance
- Fixed Penalty Notice:
- If caught using a hand-held device while driving, you will receive a fixed penalty notice with:
- A fine of £200.
- 6 penalty points on your driving licence.
- If caught using a hand-held device while driving, you will receive a fixed penalty notice with:
- Court Summons:
- If the case goes to court, or if you refuse to accept the fixed penalty, the penalties can be more severe:
- A fine of up to £1,000.
- Disqualification from driving.
- If the case goes to court, or if you refuse to accept the fixed penalty, the penalties can be more severe:
- New Drivers:
- For drivers who have passed their test within the last two years, receiving 6 penalty points can result in an automatic revocation of their driving licence.
Enforcement and Implications
- Increased Enforcement:
- Police are increasingly vigilant about enforcing these laws, using unmarked vehicles and roadside cameras to catch offenders.
- Insurance Implications:
- Conviction for using a mobile phone while driving can significantly increase your insurance premiums.
- Safety Considerations:
- The law aims to improve road safety by reducing distractions, which are a major cause of accidents.
Legal Assistance
If you are charged with using a mobile phone while driving, seeking legal advice is advisable. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:
- Case Assessment: Evaluating your case to determine the best defence strategy.
- Representation: Representing you in court to ensure your case is presented effectively.
- Mitigation: Helping to present any mitigating circumstances that could reduce the severity of the penalties.
Conclusion
The new law on mobile phones and driving in the UK, effective from 25 March 2022, makes it illegal to use a hand-held device for virtually any purpose while driving. The penalties for non-compliance are severe, including fines, penalty points, and possible disqualification. To ensure compliance and safety, use hands-free options and minimise distractions while driving. If you face charges, seek professional legal assistance to navigate the legal process.
FAQs
Driving Without Insurance
What is the sentence for driving without insurance?
Driving without insurance in the UK is a serious offence that can lead to significant penalties. If you are caught driving a vehicle without the proper insurance coverage, you could face various consequences, depending on the specifics of your case and your driving history. Here’s what you might expect:
- Fixed Penalty Notice: The most common initial penalty for driving without insurance is a Fixed Penalty Notice (FPN), which typically includes a £300 fine and six penalty points on your driving licence.
- Court Penalties: If the case goes to court, you could face an unlimited fine and be disqualified from driving. The court has discretion over the amount of the fine and the length of the disqualification based on the circumstances of the offence.
- New Drivers: For new drivers who have passed their driving test within the last two years, accumulating six or more penalty points will result in the revocation of their driving licence under the New Drivers Act. They would need to reapply for a provisional licence and pass both theory and practical parts of the driving test again.
- IN10 Conviction: Having an IN10 conviction (driving without insurance) on your record can significantly increase your insurance premiums in the future, making it more costly and sometimes more challenging to obtain vehicle insurance.
At Keep My Driving Licence, we understand the stress and potential impact of facing charges for driving without insurance. Our team of dedicated solicitors specializes in driving offences and can offer expert legal advice and representation. Whether you’re disputing the charge, mitigating circumstances, or navigating the legal system, we’re here to support you every step of the way.
We strive to achieve the best possible outcome for our clients, aiming to minimize the penalties or, where possible, defend against the charges to keep your driving licence. For advice or representation regarding a driving without insurance offence, contact Keep My Driving Licence today for a consultation. Our experienced legal team is committed to protecting your driving privileges and guiding you through the legal process with expertise and care.
Wwhat's the maximum fine for driving without insurance?
The maximum fine for driving without insurance in the UK can be substantial, especially if the case goes to court. Here are the details:
Fixed Penalty Notice
- If you are caught driving without insurance, you can receive a fixed penalty notice with a fine of £300 and 6 penalty points on your driving licence.
Court Summons
- If the case goes to court, the penalties can be more severe:
- Unlimited Fine: The court can impose an unlimited fine for driving without insurance. The actual amount will depend on the specifics of the case and the discretion of the magistrate or judge.
- Penalty Points: You will receive 6 to 8 penalty points on your driving licence.
- Disqualification: The court may also choose to disqualify you from driving, especially if there are aggravating factors or previous offences.
Additional Consequences
- Vehicle Seizure:
- The police have the authority to seize and impound your vehicle if you are caught driving without insurance. In some cases, the vehicle may be destroyed.
- Increased Insurance Premiums:
- A conviction for driving without insurance will typically result in significantly higher insurance premiums in the future, as insurers view you as a higher risk.
- Criminal Record:
- Driving without insurance is a criminal offence, and a conviction will be recorded on your criminal record. This can have wider implications, such as affecting employment opportunities.
Mitigating Factors
When the case goes to court, certain mitigating factors can potentially reduce the severity of the penalties:
- Genuine Mistake: If you can demonstrate that driving without insurance was a genuine mistake, such as a lapse in coverage that you were unaware of.
- Emergency Situations: If you were driving due to a genuine emergency.
Legal Assistance
Given the seriousness of driving without insurance, it is advisable to seek legal advice. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:
- Case Assessment: Reviewing the specifics of your case and advising on the best course of action.
- Representation: Representing you in court to present your case effectively.
- Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.
Conclusion
Driving without insurance in the UK can result in severe penalties, including an unlimited fine if the case goes to court, 6 to 8 penalty points, possible disqualification from driving, and additional consequences such as vehicle seizure and increased future insurance premiums. Seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.
Is it illegal to drive without insurance?
Yes, it is illegal to drive without insurance in the UK. Every driver must have at least third-party insurance coverage to legally drive a vehicle on public roads. Here are the key details:
Legal Requirement
- Third-Party Insurance:
- At a minimum, you must have third-party insurance, which covers damage to other people’s property and injuries to others in an accident for which you are at fault.
- Comprehensive Insurance:
- Comprehensive insurance provides additional coverage, including damage to your own vehicle and injuries to yourself.
Penalties for Driving Without Insurance
- Fixed Penalty Notice:
- If caught driving without insurance, you can receive a fixed penalty notice with a fine of £300 and 6 penalty points on your driving licence.
- Court Summons:
- If the case goes to court, the penalties can be more severe:
- Unlimited Fine: The court can impose an unlimited fine.
- Penalty Points: You will receive 6 to 8 penalty points on your driving licence.
- Disqualification: The court may disqualify you from driving, particularly if there are aggravating factors or previous offences.
- If the case goes to court, the penalties can be more severe:
Additional Consequences
- Seizure of Vehicle:
- The police have the authority to seize, impound, and, in some cases, destroy a vehicle being driven without insurance.
- Increased Insurance Premiums:
- Conviction for driving without insurance typically leads to significantly higher insurance premiums in the future.
- Criminal Record:
- A conviction for driving without insurance can result in a criminal record, affecting employment opportunities and other aspects of your life.
Legal Defences
In some cases, there may be defences or mitigating circumstances, such as:
- Genuine Mistake: Demonstrating that you believed you were insured, such as a lapse in coverage that you were unaware of.
- Emergency Situations: If you were driving due to a genuine emergency.
Legal Assistance
Given the severity of the penalties for driving without insurance, seeking legal advice is advisable. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:
- Case Assessment: Evaluating the specifics of your case and advising on the best course of action.
- Representation: Representing you in court to present your case effectively.
- Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.
Conclusion
Driving without insurance is illegal in the UK and can lead to significant penalties, including fines, penalty points, vehicle seizure, increased insurance premiums, and even a criminal record. To avoid these consequences, ensure that you always have valid insurance coverage before driving a vehicle. If you are facing charges for driving without insurance, seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.
What is the fine for driving without insurance?
In the UK, driving without insurance is a serious offence and carries significant penalties. Here are the key details about the fines and other potential consequences:
Fixed Penalty Notice
- Fine:
- If you are caught driving without insurance, you can receive a fixed penalty notice with a fine of £300.
- Penalty Points:
- Along with the fine, you will also receive 6 penalty points on your driving licence.
Court Summons
If the case goes to court, the penalties can be more severe:
- Unlimited Fine:
- The court can impose an unlimited fine for driving without insurance.
- Penalty Points:
- You will receive 6 to 8 penalty points on your driving licence.
- Disqualification:
- The court has the discretion to disqualify you from driving. This is more likely if you have previous convictions or other aggravating factors.
Additional Consequences
- Seizure of Vehicle:
- The police have the power to seize and, in some cases, destroy the vehicle being driven without insurance.
- Increased Insurance Premiums:
- Conviction for driving without insurance will likely lead to significantly higher insurance premiums in the future.
- Criminal Record:
- A conviction for driving without insurance can also result in a criminal record, which may affect employment opportunities and other aspects of your life.
Mitigating Factors
When the case goes to court, certain mitigating factors can potentially reduce the severity of the penalties:
- Genuine Mistake: If you can demonstrate that driving without insurance was a genuine mistake, such as a lapse in coverage that you were unaware of.
- Emergency Situations: If you were driving in an emergency situation.
Legal Assistance
Given the severity of the penalties for driving without insurance, it is advisable to seek legal advice. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:
- Case Evaluation: Assessing the specifics of your case and advising on the best course of action.
- Legal Representation: Representing you in court to present your case effectively.
- Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.
Conclusion
Driving without insurance in the UK can result in a fixed penalty fine of £300 and 6 penalty points. If the case goes to court, the fines can be unlimited, with 6 to 8 penalty points and the possibility of disqualification. Additional consequences include vehicle seizure and increased future insurance premiums. Seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.
Does being disqualified from driving invalidate insurance?
Being disqualified from driving can significantly affect your car insurance. Here’s what typically happens:
During the Disqualification Period
- Invalidation of Insurance:
- If you are disqualified from driving, you are no longer legally allowed to drive. If you drive while disqualified and are involved in an accident, your insurance will likely be invalid, meaning your insurer may refuse to cover any claims.
- Additionally, driving while disqualified is a criminal offence, which can lead to further legal consequences, including fines, extended disqualification, and potential imprisonment.
- Notification to Insurer:
- You are required to inform your insurer about the disqualification. Failure to do so can result in your policy being cancelled for non-disclosure, and future claims may be denied.
- Impact on Policy:
- Some insurers may choose to cancel your policy upon learning of your disqualification. Others might allow the policy to continue but will note that you cannot drive until the disqualification period is over.
After the Disqualification Period
- Higher Premiums:
- Once your disqualification period ends and you regain your driving licence, you will likely face significantly higher insurance premiums. Insurers consider drivers with a history of disqualification as high-risk.
- Limited Options:
- Your choice of insurers may be limited. Some insurers might refuse to provide coverage to drivers with a history of disqualification, or they might impose stricter terms and higher excesses.
- Reinstatement Requirements:
- To get back on the road, you might need to pass an extended driving test, depending on the conditions of your disqualification. This is especially true for offences like dangerous driving.
Specialist Insurers
- High-Risk Insurance Providers:
- There are specialist insurers who provide coverage for high-risk drivers, including those with previous disqualifications. These policies tend to be more expensive but are tailored to drivers with adverse driving histories.
Steps to Take
- Inform Your Insurer:
- Always inform your insurer about your disqualification to avoid policy cancellation and denial of future claims.
- Shop Around:
- Once your disqualification ends, shop around for insurance quotes. Consider using brokers who specialise in high-risk drivers to find the best rates and coverage options.
- Legal Assistance:
- If you are facing a driving disqualification, seeking legal advice from specialists like Keep My Driving Licence can help. They can provide guidance on how to handle the disqualification process and potentially mitigate the impact on your insurance and driving record.
Conclusion
Being disqualified from driving can invalidate your insurance if you drive during the disqualification period and significantly impact your future insurance premiums and options. It is essential to notify your insurer, comply with the terms of your disqualification, and seek appropriate insurance coverage once you are eligible to drive again.
FAQs
Driving Whilst Disqualified
What happens if you drive whilst disqualified?
The penalty for driving whilst disqualified in the UK is severe, given the serious nature of the offence. Individuals found guilty of this offence often face community penalties, which may include requirements such as completing unpaid work, adhering to a curfew, or attending probation meetings. Additionally, a court can sentence offenders to up to 6 months in prison. Further disqualifications are also common, extending the period during which the individual is banned from driving.
The severity of the penalty can vary based on several factors related to the offence. Aggravating circumstances, such as having previous convictions, driving soon after the disqualification was imposed, or engaging in dangerous or careless driving while disqualified, can lead to more severe penalties.
If you are facing a charge of driving whilst disqualified but believe your period of disqualification had already expired, it’s important to understand the specific conditions of your disqualification. For instance, if you were disqualified until passing an extended driving test, you’re only permitted to drive as a provisional licence holder under the applicable restrictions until you pass that test. Driving otherwise than in accordance with a licence, due to not having your full licence reissued by the DVLA after disqualification, is also an offence.
Regarding the defence of driving on private land, while it is possible to argue this defence, success depends on whether the public had access to the land. If the land was not accessible to the public, it might be a viable defence against a charge of driving whilst disqualified. However, the specific details of the case are crucial, and legal representation is strongly recommended to navigate these complexities.
If you find yourself in such a situation, seeking professional legal advice and representation is crucial. Keep My Driving Licence solicitors are experienced in dealing with cases of driving whilst disqualified and can provide the support and guidance needed to address the charge. They can help clarify the specifics of your disqualification, assist in preparing a defence, and represent you in court proceedings, aiming to achieve the best possible outcome for your case.
Will i go to jail for driving while disqualified?
Driving while disqualified is a serious offence in the UK and can lead to severe consequences, including the possibility of imprisonment. Here’s a detailed look at what you can expect if you are caught driving while disqualified:
Legal Consequences
- Imprisonment:
- Yes, you can go to jail for driving while disqualified. The maximum sentence for this offence is 6 months in prison.
- Repeat offenders or those with aggravating factors (such as causing an accident while disqualified) are more likely to face imprisonment.
- Fines:
- You may also be fined. The amount can vary depending on the specifics of the case but can be up to £5,000.
- Extended Disqualification:
- Your disqualification period will likely be extended, meaning you will be banned from driving for a longer period.
- Community Service:
- Instead of or in addition to imprisonment, the court may impose a community service order.
- Driving Record:
- The offence will be added to your driving record, which can significantly impact your future insurance premiums and employability.
Aggravating Factors
Certain circumstances can make the penalties more severe, such as:
- Repeat Offences: If you have previous convictions for driving while disqualified, the court is more likely to impose a harsher sentence.
- Causing Harm: If your driving while disqualified results in an accident, injury, or damage to property, the penalties will be more severe.
- Additional Offences: If you are caught committing other offences at the same time (e.g., driving without insurance), these will be taken into account and can lead to more severe penalties.
Court Process
- Arrest and Charge:
- If caught driving while disqualified, you will likely be arrested and taken to the police station for questioning. You will be charged with the offence and required to appear in court.
- Court Appearance:
- During the court hearing, the magistrate or judge will review the case, including any mitigating or aggravating factors, and determine the appropriate penalty.
Legal Assistance
Given the seriousness of driving while disqualified, it is crucial to seek legal assistance. Keep My Driving Licence, a UK solicitors’ firm specialising in motoring offences, can provide valuable support in several ways:
- Legal Representation: Representing you in court to ensure your case is presented effectively and arguing for the least severe penalty possible.
- Mitigation: Presenting any mitigating circumstances that could reduce the severity of your sentence.
- Advice: Offering comprehensive advice on your legal rights and the potential outcomes of your case.
Mitigating Factors
While driving while disqualified is a serious offence, certain mitigating factors can potentially reduce the severity of the penalties:
- Genuine Emergency: If you can demonstrate that you were driving due to a genuine emergency.
- No Previous Convictions: If this is your first offence and you have an otherwise clean driving record.
- Guilty Plea: Pleading guilty at the earliest opportunity can sometimes lead to a reduced sentence.
Conclusion
Driving while disqualified can lead to imprisonment, fines, extended disqualification, and other penalties. The exact outcome depends on the specifics of the case and any mitigating or aggravating factors. Seeking professional legal assistance from specialists like Keep My Driving Licence is crucial to navigating the legal process and potentially mitigating the consequences.
How many points to be disqualified from driving?
In the UK, a driver will be disqualified from driving if they accumulate 12 or more penalty points on their driving licence within a three-year period. This is known as a “totting up” disqualification. Here’s a detailed overview:
Totting Up Disqualification
- Accumulating Points:
- Penalty points are added to your driving licence for various motoring offences, such as speeding, using a mobile phone while driving, and failing to stop at a red light.
- Threshold for Disqualification:
- If you reach or exceed 12 points within a three-year period, you will face a totting up disqualification.
Disqualification Periods
- Standard Disqualification:
- The standard period of disqualification is 6 months if you accumulate 12 or more points.
- Repeat Offenders:
- If you have been disqualified before within the last three years, the disqualification periods increase:
- 6 months if you have no previous disqualifications in the last three years.
- 1 year if you have one previous disqualification of at least 56 days in the last three years.
- 2 years if you have two or more previous disqualifications of at least 56 days in the last three years.
- If you have been disqualified before within the last three years, the disqualification periods increase:
Exceptional Hardship
- Pleading Exceptional Hardship:
- During a court hearing, you can argue that a driving ban would cause “exceptional hardship” to yourself or others who rely on you. This is not just ordinary inconvenience but significant difficulty.
- Evidence for Hardship:
- You need to present strong evidence to support your claim, such as letters from your employer, financial records, or testimonies from dependents.
Legal Assistance
- Seeking Legal Advice:
- It is advisable to seek legal assistance if you are at risk of a totting up ban. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can help you:
- Case Assessment: Evaluate your case and advise on the best course of action.
- Representation: Represent you in court to present a strong case for exceptional hardship.
- Mitigation: Help to present mitigating circumstances that might reduce the severity of penalties.
- It is advisable to seek legal assistance if you are at risk of a totting up ban. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can help you:
Avoiding Points
- Safe Driving Practices:
- Adhering to traffic laws and practising safe driving habits can help avoid accumulating penalty points.
- Speed Awareness Courses:
- For minor offences like speeding, you may be offered the option to attend a speed awareness course instead of receiving penalty points. Completing such a course can prevent points from being added to your licence.
Conclusion
A driver in the UK will be disqualified from driving if they accumulate 12 or more penalty points within a three-year period. The standard disqualification period is 6 months, but it can be longer for repeat offenders. You can argue for exceptional hardship in court to potentially avoid or reduce the length of the ban. Seeking legal advice from specialists like Keep My Driving Licence can help you navigate the process and potentially mitigate the impact of the disqualification.
FAQs
Appealing a Driving Ban
Can you appeal a driving ban?
Yes, you can appeal a driving ban in the UK, but there are specific conditions and time limits within which the appeal must be made. If you believe the decision to disqualify you from driving was unjust, made following a procedural error, or there is new evidence that could significantly affect the decision, you may have grounds for an appeal.
Here’s how the appeal process generally works:
- Timing: An appeal must usually be filed within 21 days of the conviction that led to your driving ban. The exact time frame can depend on the court that made the decision, so it’s important to act quickly and check the specific requirements for your case.
- Court of Appeal: Appeals against a Magistrates’ Court decision on the facts are typically made to the Crown Court. If your ban was issued by the Crown Court, the appeal would be to the Court of Appeal.
- Grounds for Appeal: You need to have a solid basis for your appeal, which could include arguing that the court made a legal error, the decision was unreasonable based on the evidence presented, or there is new evidence that wasn’t available during the original trial. An appeal on the law will be heard in the High Court.
- Legal Representation: Given the complexity of appealing a driving ban, seeking legal advice and representation from a solicitor specialising in driving offences is crucial. They can assess the strength of your case, advise on the likelihood of success, and represent you throughout the appeal process.
- Potential Outcomes: If your appeal is successful, the court may reduce or overturn your driving ban. However, if the appeal is unsuccessful, you may face additional legal costs, and the original ban will stand.
- Impact on Driving Ban: While the appeal is pending, the original driving ban usually remains in effect unless you specifically apply for and are granted a suspension of the ban until the appeal is heard.
It’s important to note that appealing a driving ban is a complex legal process with no guaranteed outcome. Therefore, it’s advisable to consult with legal professionals like Keep My Driving Licence solicitors, who can provide expert advice tailored to your situation. They can help navigate the appeal process, work to secure the best possible outcome, and ensure your rights are fully represented.
FAQs
Failing To Stop At An Accident & Failing To Report
Is failing to stop after an accident a criminal offence
Yes, failing to stop after an accident is a criminal offence in the UK, as stipulated under Section 170 of the Road Traffic Act 1988. This law mandates that if a driver is involved in an accident that results in injury to another person or damage to property or animals, they must stop and provide their details to other involved parties or report the accident to the police as soon as reasonably practicable, and in any case, within 24 hours. Failure to comply with these requirements constitutes a criminal offence, carrying potential penalties including fines, penalty points on the driver’s licence, and in some cases, imprisonment.
Failing to stop or report an accident is often associated with careless driving charges. Many incidents occur during minor collisions, like those during parking, where the driver responsible leaves the scene without providing their details.
Penalties for these offences can include the endorsement of 5 to 10 penalty points on the driver’s licence, discretionary disqualification, and fines. In more severe cases, especially those involving death or serious injury, a custodial sentence may be imposed.
Defences against these charges can vary, including claims such as not being the driver, the incident occurring on private property, no damage or injury was caused, lack of knowledge of the incident, details were provided, or the incident was reported as soon as practicable. However, these defences depend on the specific circumstances of the case, and the availability of evidence like witness statements or CCTV footage can significantly impact their viability.
If you’re accused of failing to stop or report an accident, reaching out for legal counsel is essential. The specialist motoring offence solicitors at Keep My Driving Licence are equipped to offer you expert guidance, thoroughly assess the evidence, and recommend the most effective strategy for your case. Our team, with its dedicated focus on motoring offences, is adept at handling the intricacies associated with these charges. We’re committed to providing you with the representation necessary to secure the most favourable outcome. Trust in Keep My Driving Licence to navigate through the legal process with you, ensuring you’re well-informed and supported every step of the way.
FAQs
Failing to Furnish Information
Is failing to provide details after an accident considered an offence?
Yes, under UK law, failing to provide details after an accident is considered a criminal offence. This requirement is stipulated under the Road Traffic Act 1988, specifically in Section 170. If an individual is involved in a road traffic accident that results in injury to another person or damage to another vehicle, property, or animal, they are legally obliged to stop and provide their name, address, and vehicle registration to others involved or affected by the incident. If it’s not possible to exchange these details at the scene, the driver must report the accident to the police as soon as reasonably practicable, and in any case, within 24 hours.
Failing to comply with these obligations can lead to serious consequences, including fines, penalty points on your driving licence, and in some cases, imprisonment. It’s a matter taken seriously by UK authorities as it ensures accountability and support for those involved in accidents.
If you find yourself accused of failing to provide details after an accident, it’s crucial to seek expert legal advice. Keep My Driving Licence is a specialised legal service dedicated to assisting individuals facing motoring offences. Our team of experienced solicitors understands the intricacies of the Road Traffic Act and can provide you with the guidance and representation you need. Whether you’re disputing the accusation or seeking to minimise the penalties, Keep My Driving Licence offers the expertise to navigate the legal challenges effectively. Our goal is to ensure the best possible outcome for our clients, protecting your driving licence and mitigating any negative impacts on your life. Contact Keep My Driving Licence for professional support and legal advice tailored to your specific situation.
FAQs
Using Special Reasons in a Driving Offence Case
What qualifies as a 'special reason' in the context of motoring offences?
In the context of UK motoring offences, a ‘special reason’ refers to a mitigating circumstance directly connected to the commission of the offence that can be considered by the court when determining the appropriate sentence. Importantly, a special reason is not a defence to the charge itself but rather a reason why the usual penalty should not be applied. For it to be considered, the reason must be:
- Directly connected to the commission of the offence: It must relate specifically to why the offence was committed.
- A mitigating circumstance: It should explain or partially excuse the behaviour, showing that the offence is less serious in the specific circumstances.
- Not a legal defence to the offence: It accepts that the offence was committed but argues that there are mitigating factors that should influence the penalty.
- Specific and proven on the balance of probabilities: The burden of proof lies with the defendant to convince the court that the special reason exists.
- Examples of what might qualify as special reasons in motoring offences include:
- Medical Emergencies: Driving while disqualified or speeding to transport someone in need of urgent medical attention.
- Shortness of Distance: Driving a very short distance where the risk to the public is minimal (though this is heavily dependent on the specific circumstances).
- Spiked Drinks: In cases of drink driving, if it can be proven that the driver unknowingly consumed alcohol (e.g., through a spiked drink) and believed they were below the legal limit.
If you’re facing a motoring offence and believe there may be a special reason why the usual penalty should not apply, Keep My Driving Licence can help. Our experienced solicitors specialise in motoring law and have a deep understanding of how to present special reasons effectively in court. We can assess your case, advise on the viability of a special reasons argument, and represent you in court to ensure that your case is presented compellingly and professionally. With Keep My Driving Licence, you’ll have expert support to navigate the complexities of motoring offences and work towards the best possible outcome for your situation.
FAQs
Death by Driving
what is the minimum sentence for death by dangerous driving
In the UK, the offence of causing death by dangerous driving is taken very seriously and carries severe penalties under the Road Traffic Act 1988. The minimum sentence for causing death by dangerous driving is:
Maximum: life imprisonment for offences committed after 28 June 2022; otherwise 14 years’ custody
Offence range: 2 – 18 years’ custody
Obligatory disqualification: minimum 5 years with compulsory extended re-test for offences committed after 28 June 2022; otherwise 2 years with compulsory extended re-test
The sentencing takes into account various factors, including the degree of dangerousness in the driving behaviour and any aggravating or mitigating circumstances.
Sentencing guidelines help judges and magistrates decide the appropriate sentence for a given case, and while there is no specific “minimum” sentence, courts are guided towards imposing sentences that reflect the seriousness of the offence, the harm caused, and the culpability of the offender.
Given the complexity of cases involving death by dangerous driving and the significant penalties involved, legal representation is crucial. Keep My Driving Licence specialises in providing expert legal advice and representation for those facing motoring offences. Our experienced solicitors understand the nuances of motoring law and can offer the support and guidance needed to navigate through this challenging time. If you or someone you know is facing charges of death by dangerous driving, contact Keep My Driving Licence to ensure you have professional advocacy aimed at securing the best possible outcome in your case. Our team is dedicated to protecting your rights and offering a defence that takes into account all aspects of your situation.
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About Keep my Driving Licence
Keep my Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or you can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806 119.