KNOW YOUR RIGHTS


In last month’s edition of PHTM we looked at how the coro- navirus and the resulting lockdown has affected police enforcement, investigation of offences and court proceed- ings.


But it is not just the procedures and processes that are changing. Over the last few weeks we have been asked questions about offences where the virus is being put for- ward as a direct cause. It is raising issues that have never been considered before and a new legal minefield is being opened. Here we shall examine some of those questions. If you have any queries or questions regarding offences relating to the coronavirus, or any traffic matter at all, call us for free legal advice on 01626 359 800.


speeding to a vulnerable family member who has fallen ill would be classed as an emergency. Here, the answer is a little more complicated.


Driving in the context of an emergency or in response to an urgent situation may be a defence or at the very least a special reason, but every case is dealt with on it’s own facts.


The court will look at a number of different factors. They will con- sider the context of the emergency and whether it was severe enough to break the law. So in regard to coronavirus, speeding to give a relative milk or bread probably wouldn’t be enough. They will also have a look at the contravention itself and will be far more lenient to a minor contravention, for example contra- vening a red traffic light by half a second rather than speeding at twice the limit. Then they will consider whether the offence was committed deliberately – and again will be far more sympa- thetic to an offence that was committed accidentally, perhaps where the driver was so overcome and distracted by the emer- gency that he accidentally committed the offence, rather than a driver who deliberately exceeded the limit.


But importantly every case is dealt with on a case-by-case basis and advice should always be sought before proceeding with any type of argument.


ISSUE:


I refused to give a specimen of breath because I was scared of catching the coronavirus


ADVICE: ISSUE: I was speeding to avoid catching coronavirus ADVICE:


This was not exactly a question – but it was a news article that circulated in the media a few weeks ago.


The driver apparently said in reply to travelling at 130mph that the faster he went the less chance there was of catching the coronavirus.


Obviously this is nonsense – both scientifically and legally. It is not a defence to speeding to say that you were trying to avoid catching the coronavirus.


This driver may well find himself in serious trouble. For travelling at that speed the Magistrates Sentencing Guidelines recommend either six penalty points or a disqualification of between seven and 56 days, or perhaps even longer if the court consider 130 to be “grossly in excess” of the speed limit.


However, we have had a number of questions asking whether 102


When a person is arrested for drink-driving they are asked to provide a specimen of breath/blood/urine. And if they fail to pro- vide that specimen they may commit an offence.


The only defence to failing to provide is if the defendant has a “reasonable excuse”. A reasonable excuse is defined as a mental or physical incapability.


Genuine phobias can amount to an incapability – so for example if you are asked to provide a specimen of blood but you refused because you have a genuine needle phobia, then this can amount to a physical/mental incapability.


We have been asked more than once whether fear of catching coronavirus – by blowing into a breath tube – would amount to a defence.


However, there are a couple of issues. If you had a genuine pho- bia of needles usually this is well documented in medical history and so supporting medical evidence is likely to be easy to get - whereas genuine phobia of coronavirus would not be, and so medical evidence to support the phobia would be difficult to get.


But at the same time these cases still have to be dealt with on a case-by-case basis. So if a person is showing genuine concern for catching the virus and showing the usual symptoms a person


MAY 2020


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