KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic questions and answers relevant to the trade sup- plied by Patterson Law. If you need any advice on motoring matters, then please email
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow them on
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Q A
I’ve got a speeding ticket through for 45 in a 30 limit. I feel it’s really unfair and it was not my fault. A man flagged me down and got in my taxi and said his wife was about to give birth and I had to rush him to the hospital. He kept shouting
and was panicking and was telling me to go faster. I got to the hospital as quickly as I could but I was caught speeding on the way. I want to know if there is anything I can do to avoid the points?
The speed is probably above the threshold for you being offered a speed awareness course or a fixed penalty of three points and a £100 fine. The chances are that when you nominate your-
self as the driver of the vehicle the next stage will simply be that you are sent a summons to court.
For the speed alleged, 45mph in a 30mph limit, you will be at risk of receiving between four to six penalty points or a disqualification of between seven to 28 days.
One point to consider would be whether you have a “special reasons” argument on the basis that you were driving in the context of a genuine emergency. A spe- cial reasons argument is where somebody is guilty of an offence but there are special reasons for not endorsing the licence with penalty points.
However, there are going to be a couple of difficulties. Usually an argument is presented where the driver is driving in the context of their own emergency, so if it was your partner about to give birth, then I suggest that we may have a good argument. However it is a lit- tle different because the person urging you to go faster was a fare and so you are that little bit more removed. It does sound harsh, but the court may well say that unless it was you personally affected you should still have kept within the speed limit.
In addition, special reasons arguments are usually sup- ported with good medical evidence to prove the emergency. I fear we may struggle to get medical evi- dence here, unless you have kept in contact with this person.
However, even if it does not amount to a special reason 74
it would certainly be good mitigation to try to keep the sentence to a minimum and ask the court to impose either four points or a seven-day disqualification.
We can start preparing these arguments straight away. It may take a few months for a summons to arrive so we will use these next few months getting to know you and preparing your mitigation so that we are ready once the summons comes through.
Q
I’ve got a court date for an offence of failing to provide driver information. I had no idea about it until I received the letter today. I have court next week.
Enclosed with the paperwork were lots of witness state- ments and documents. It looks like my vehicle was recorded speeding back in October last year, and the police wrote to me to ask me to nominate the driver, but they sent it to my old address. I did move in February but I updated my driving licence with the new address and so I don’t know why they have still sent the letters to my old property. Surely they can’t send letters to my old address and then just charge me?
A
Failing to provide driver information carries six penalty points and up to £1,000 fine. It often carries a higher penalty than the original offence to which the request relates.
From what you have said, it seems that request for driver information was sent to your old property. It looks like it can be agreed that you did not respond.
The first point I would like to check is whether the notice was “served”. “Served” means that the request for driver information was properly sent by the police, either by registered/recorded delivery or by first class post, and was delivered at the property. There is a presumption that if something is sent by one of these methods then it will be delivered. That presumption is rebuttable if the person who is living at the property can give evidence to show that it may not have been delivered at the property. But if you were not living at the property then of course you could not give this evidence.
However, there may be a defence if the person can show that it was “not reasonably practicable” to pro- vide the requested information. This is a defence under section 172(7)(b) Road Traffic Act 1988. “Not reasonably practicable” covers any scenario where the defendant can explain why he did not respond to the notice, so for example they couldn’t read or write, or that the person was imprisoned at the time the notice was sent. There are lots of scenarios it could cover.
APRIL 2018
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