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. If you need any advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or call 01626 359800 for free legal advice. For regular updates on road traffic law follow us on
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Q
I was stopped by a police officer about four months ago because he said I was disqualified. I had no idea. The officer made some phone calls and found out that I had been found guilty at Willesden
Magistrates’ Court of failing to provide driver information twice, that 12 penalty points had gone on my licence and I had been banned for six months. Apparently, my car was caught speeding and I didn’t tell them who was driving. I literally had no idea. After he stopped me, I went to Willesden and made a Statutory Declaration saying that I had no idea about the proceedings and now the ban has gone. I thought that would be the end of it, but I have just received two court dates, the first is at Willesden where they tell me I have to go for a trial for these failing to provide information cases, and the second date at Barkingside for driving whilst disqualified, which I thought would have gone away because I made a statutory decla- ration. I’m confused and I need help.
A
Yes, this can get very confusing and needs handling carefully. The easiest way to deal with this is to separate the matters and treat them as two separate sets of proceedings.
For one of them you have two allegations of failing to provide driver information. That means that at some point your vehicle would have been recorded speeding and two requests for information sent to you, requiring you to nominate who was driving. It will be alleged that you have either failed to respond or not responded properly on both occasions, hence you have been prosecuted twice. We need to find out why you have failed to provide; whether the requests for information was sent to an old address and if so why, whether they were sent to the correct address, but you did not receive them or whether you received them but for whatever reason could not nominate. Before I am able to properly advise you, I need to find out a bit more about that.
If you have a defence we may be able to avoid points completely. If not, we may need to look at trying to agree a plea bargain with the prosecution, whereby you plead to one of the offences and in return they withdraw
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the other, or perhaps you plead guilty to the original speeding offences instead.
Separately we should then deal with the allegation of driving whilst disqualified. Even though you have made a statutory declaration, which sets aside the guilty verdict and therefore removes the disqualification, it unfortunately does not have retrospective effect. It means that the disqualification still stood at the time.
If the disqualification was ongoing then technically you are guilty of driving whilst disqualified and you should enter a guilty plea to that. But you may have a special reasons argument available on the basis you did not know about it. So even though you are pleading guilty, if the court agrees there are special reasons in this case then they have the power not to impose any points, fine or ban.
Driving whilst disqualified is a very serious offence and puts you at risk of six points, potentially another six to 12 months disqualification and even community orders or custody, so we do have to treat it carefully to avoid any severe sentences. With that in mind, I would suggest getting as much evidence as possible to show that you did not know about the ban. A copy of the court record show- ing you were disqualified in your absence would help. As would knowing where the court papers were sent to. I would also suggest getting witness statements from family members to state they were unaware of the ban too.
We would attempt to deal with them both separately and our aim would be to defend both cases, meaning that you come away with no points, bans or fines at all. If our evidence is strong enough, I would also be making representations to the prosecution behind the scenes to try to persuade them to withdraw the cases against you, hopefully meaning you never have to attend court again.
Q A
I need advice on whether to attend an interview with a police officer. I was in my taxi when someone cut me up at a junction. Later on down the road I managed to overtake them safely and legally, and
they started tailgating me. I tapped my brakes to tell him to get back. But he carried on following me and I had to hit my brakes again. I thought nothing further of it because he went away but now the police have contacted me asking me for an interview. Should I go? If so, do I need representation? And what should I say? The police are suggesting dangerous driving.
You will need representation. At the beginning of the interview they read you the caution: “You do not have to say anything but it may harm your defence if you do not mention when questioned something you later rely on in court. Anything you do say
MARCH 2021
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