This month we report more relevant road traffic questions and helpful answers, again supplied by Patterson Law, the driver defence service. If you need any advice on motoring matters then please email
e.patterson@
pattersonlaw.co.uk
Q
...KNOW YOUR RIGHTS... Q
My family and I run a business from home. We own four vehicles between us for the use of the business. I received a Request for Driver Informa- tion a week ago, relating to a speeding offence. It
I was waiting at traffic lights in the daytime with my phone to my ear. My friend was with me in the car. A police car drove passed me in the opposite direction.
I was talking into my phone at the time but immedi- ately put it down as they drove passed and I drove off down the road. The police put their sirens on and pulled me over. Could I challenge it in court and say my car broke down and I was on the phone to breakdown cover? Or could I say I was on the phone to emergency services, about to call an ambulance for someone I know? Is there any other way around this? Any help would be much appreciated. I have nine points on my li- cence and work as a driver, so can’t receive any more otherwise I won’t be able to work.
A
If you accept you were using and holding the phone, you shouldn’t try to defend it. The reason being, to challenge it you will need to give evi- dence on oath at trial that you weren’t holding
and/or using the phone. To say this would be lying, which is perjury (a potentially imprisonable offence!) It is not worth the risk. Your best bet will be to plead guilty and accept the three points. This will take you to 12 and you will then be at risk of a minimum ban from driving of six months. The way to avoid the lengthy ban will be to put forward an Exceptional Hardship argument. You will need to show that you and those around you will be caused Ex- ceptional Hardship if you cannot drive. What affect would it have on you if you lost your job? Do you have a family? The main difficulty with Exceptional Hardship being found fully is that you will still have 12 points on your li- cence. Another option would be for Exceptional Hardship to be partially found. This means you will receive a ban but a significantly reduced one from the six months, and your licence will be wiped clean at the expiration of the ban. It would certainly be the best outcome for you.
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happened in a county I’m not familiar with so I checked the work diary to see who was in the area at the time. There was nothing in the diary for that day. I spoke to my wife, son and son’s partner to see if they could remember which of us was driving. We remembered I was at the den- tist that day so it couldn’t have been me but the rest of them couldn’t recall being in that place. When we go out on sales pitches it can often be at short notice and we don’t always record it in the diary. We are also on the road every day, several times, so it is difficult to recall where we are at any given time. I responded to the Request saying it was definitely not me but wasn’t sure who the driver was. I asked for photos but this didn’t help so I provided names and addresses for my family members. The police sent Requests to them all di- rectly. My son’s partner responded saying it wasn’t her but my wife and son said they didn’t know. They have both now been summonsed to Court. What do I do?
A
Your wife and son were only under a duty to pro- vide all the information that was in their power to give that may lead to the identity of the driver. This is on the basis that neither of them is the reg-
istered keeper of the vehicle and are therefore classed under s172(2)(b) Road Traffic Act 1988 as “any other person”. This means that the burden on them was less than if they were the registered keeper. In essence, they both have strong defences. They only had to name the driver if they were in a position to do so and if not, provide any further information to the police that would assist them. Clearly, they could not tell the police anything else that would help. If you want assis- tance, we will prepare their defences and liaise with the Crown Prosecution Service to try to persuade them to withdraw on the basis of the strength of their case. If they agree, we will be able to make an application for a De- fendant’s Costs Order to reclaim your reasonable legal expenses incurred in defending yourself.
Q
I have read that the police have to issue a Notice of Intended Prosecution within 14 days of an inci- dent. I have an NIP dated 29th May relating to an incident on 10th May. Is this therefore still valid?
PHTM JULY 2013
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