FREQUENTLY ASKED QUESTIONS

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.

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.

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.

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.

In UK law, a “totting up” ban itself is not classified as a criminal offence. It is a procedural consequence under the Road Traffic Offenders Act 1988, where a driver accumulates 12 or more penalty points on their driving licence within a 3-year period. Once this threshold is reached, the driver is subject to disqualification under the totting up procedure, typically for a minimum period of six months, although the duration can vary depending on previous bans.

However, the individual offences that lead to the accumulation of points (such as speeding, failing to stop after an accident, or using a mobile phone while driving) are indeed criminal offences. Each of these can result in a fine, penalty points, or in some cases, immediate disqualification, depending on the severity of the offence.

The totting up ban itself is more about the accumulation of points from multiple offences rather than a single criminal act. Its primary purpose is to act as a deterrent against repeated law-breaking on the roads and to remove persistent offenders from the road for a period of time to improve road safety.

If facing a totting up disqualification, it’s possible to argue ‘exceptional hardship’ in court to try and avoid a ban. This requires proving that disqualification would cause exceptional hardship beyond what would normally be suffered. Legal advice is strongly recommended in these cases to navigate the complexities of presenting such a case effectively.

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.

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.

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.

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:

1. Directly connected to the commission of the offence: It must relate specifically to why the offence was committed.
2. A mitigating circumstance: It should explain or partially excuse the behaviour, showing that the offence is less serious in the specific circumstances.
3. 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.
4. 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.
5. 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.

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.