KNOW YOUR RIGHTS
We deal with these cases on an individual basis. We will request footage, review it, review witness statements and evidence, speak to our clients, and then advise on each individual case.
What can Professional Drivers do?
Get a cradle. It’s only an offence to use a phone (or any handheld device) if it’s handheld. If the phone’s in a cradle, it’s not handheld and no offence has been committed.
However, we always advise drivers to avoid using your phones if possible, even in a cradle. If using the phone causes a drop in the standard of driving, the police can still prosecute for not being in full control of a vehicle, which carries 3 penalty points.
National police chiefs have called for the police to be given powers to automatically disqualify any person arrested for drink and drug driving
https://shorturl.at/kqBEF The Law
When someone is arrested for drink driving and gives a positive breath test at the police station, they are bailed to attend court a few weeks down the line. The police do not have the power to disqualify, that power only rests with the court. So whilst they are awaiting trial, they are able to drive freely. That could be weeks or even months if it requires blood analysis.
So, police have called for tougher powers to allow officers to automatically disqualify people pending a court case. It would be adopting a similar approach as in Holland, where if drivers give a positive breath sample, they are given a 24-hour disqualification pending court.
Whilst on the face of it this might seem a safe suggestion, it does raise significant concerns. What would happen to an innocent person wrongly accused? If they were professional driver, what would happen if they lost their livelihood and their homes if they were innocent? In the aftermath of the post office scandal, where hundreds of innocent subpostmasters were wrongly prosecuted, it doesn’t feel fair to impose a law which could punish more innocent victims.
Perhaps a better way of dealing with this would be to expedite the court hearings? Get these cases into court within days rather than weeks or months.
What can Professional Drivers do?
Quite simply, don’t drive whilst under the influence of drink or drugs! If you are ever unsure whether you’ll be above the limit, always err on the side of caution. It is
PHTM MARCH 2024
not a defence to assume you were OK to drive or to have counted your units. Any drink or drug driving offence carries a minimum, mandatory 12-month ban.
1 in 4 cars in London have been recorded speeding in new 20mph limit
https://shorturl.at/px157
The Law Generally, there are three national speed limits in England, in an urban area with street lighting no more than 200 yards apart it is a 30mph limit; on a motorway it’s a 70mph limit. Anywhere else it’s a 60mph limit.
If it’s a variable limit, such as the new 20mph limits in London, there must be two signs either side of the road or roundels painted on the floor to denote the change in speed limit, followed by regular repeater signs.
Generally the police don’t prosecute within 10% +1 of the limit, but that is at their discretion. In all speeding cases, the driver must first nominate the driver. Failing to do that would see them prosecuted for failing to give information. If it is just a few miles an hour above the speed limit they would offer a fixed penalty, if it is slightly quicker it will be a fixed penalty.
If you are offered a fixed penalty or speed awareness course, your choices are either to accept, or reject those offers and take them to court. If the speed is well above the limit, they will summons you straight to court to consider disqualification. Or if because of the offences you hit 12 points, you could be at risk of a ban of a minimum 6 months and the case will proceed to court.
What can Professional Drivers do?
Always pay attention to the speed limit and the signs. If you are ever unsure of the speed limit always err on the side of caution and travel at whatever you think the lower would be. It is better safe than sorry.
If you are offered a speed awareness course or a fixed penalty, they are usually good offers. If you are considering challenging and taking it to court on any legal issue, seek legal advice first. If you take a case wrongly to court and you end up being found guilty, you could end up with more penalty points, higher fines, and prosecution costs. So always seek advice first.
For advice on motoring matters, email
advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice
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