KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law. These questions are based on real enquiries that we have received from professional drivers this month. If you need any advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
Q
I was stopped by police for driving too fast, not excessively though. I’d had a couple of cans earlier in the day so drove off when the police got to my vehicle. They chased me and I left the van and ran
away and they caught me.
I have been charged with failure to stop and careless driving. I blew 2 x zeros in the breath test.
I am at court soon. I have been told that both these charges will result in a dangerous driving charge resulting in a ban. If this happens, I will lose my job, be unable to pay for my house as well as my daughter’s child maintenance.
Any advice would be great. A
If you have not been charged with dangerous driv- ing, then they won't prosecute you or convict you of dangerous driving.
They will only prosecute you for what you have been charged with, which is careless driving and failing to stop for a police constable.
Driving without due care and attention carries between three and nine points, and failing to stop for a police constable a fine only.
The only way it would be dangerous driving is if you got to court and they laid a new charge of dangerous driving. In which case I would suggest asking for an adjournment to get a lawyer, because that is altogether a more serious charge.
Put that aside, which is unlikely, I would attend court and plead guilty to the two charges against you.
Then you can mitigate to try to avoid a disqualification. You can put forward circumstances about your work life and your personal life, together with supporting documents, and ask them to impose the minimum possible sentence.
Q 78
I was caught doing 43 in a 30mph zone. I just want- ed to know the likely course of action.
I have received a Notice of Intended Prosecution.
It was a mobile speed camera, there were no signs (I know this isn’t mandatory). The van was parked and was relatively disguised by a bus shelter and tall grass on the verges in front and behind the van.
A
In the first instance you must respond to the request for driver information nominating yourself as the driver. Failure to do that will see you prose- cuted for failing to give information, an offence that
carries 6 points and up to a £1,000 fine. However, nominat- ing yourself as the driver is not an admission of guilt. You can accept being the driver yet still defend the substantive allegation.
Once you have nominated yourself as the driver you should be offered a fixed penalty of 3 points and a £100 fine. It is up to you whether to accept that or not.
If you accept it, you will pay the fine and send your licence off. The points will automatically go on your licence.
If you challenge the matter, it will go to court. And at court you will be entitled to see the evidence against you. However the problem in doing so is that for speeding at 43 in a 30, you will be at risk of between four and six points.
At the Magistrates’ Court, they work with Sentencing Guide- lines. The guidelines say that for speeding in a 30 limit, anyone caught between 31-40 will get 3 points, 41-50 between 4-6 points or a ban of up to 28 days, and for 51 and above, 6 points or a ban of up to 56 days (or even longer if the speed is grossly in excess). At court it also carries much higher fines and costs.
So ultimately, if you want to see the evidence, you are risking more points and more costs. With that in mind, it may not be worth it.
Q
I was at home and was preparing for my next work- ing day, cleaning out my Smart car that was parked on a designated parking space adjacent to my flat.
Both doors were open and the radio was playing. A police van stopped and approached me, asking what I was doing. I objected to being questioned in this way and was accused of being aggressive, the car had not moved all day and the engine was cold; I was arrested pinned to the ground, hand- cuffed and bundled into the van.
At the police station I was arrested, breathalysed and found to be over the limit to drive. I was charged under a DR40. At court I pleaded guilty and received a 10 point penalty.
Can the police pursue such a claim if the alleged offence took place on private property?
JULY 2022
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