This month we have selected five questions that high- light the importance of seeking professional legal ad- vice. We understand that everyone will need do their own research when it comes to road traffic matters, but what concerns us is that much of the advice available online is incorrect and people end up being misguided. Below are five good examples of cases where people have been given incorrect advice and without our help, they could have ended up in very difficult situations.
If you need any advice on motoring matters then please email:
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow them on:
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I’m wondering if you can help me, I have got a summons to Court for driving through a red light. I’m sure that the lights were on green, but there was a Police officer about four or five cars back who said that I went through on red. How can they prove it? Don’t they need photographic evi- dence or CCTV? If I reject this summons and don’t turn up to Court, will it be thrown out on the basis that they don’t have any proof?
Q
The answer to your second question is no, if you ‘reject’ the summons, the Court may deal with the matter at the first hearing without you being there. You may end up being convicted in your absence. The Police do not need photographic evidence or CCTV to back up what a Police Officer was saying, the evidence of a Police Officer alone could be enough to amount to proof. However, that does not necessarily mean that you will be found guilty. The Police Officer will need to con- vince the Court, beyond reasonable doubt, that you did contravene a red light. All that we would need to do is cast a doubt on that suggestion in order to secure an acquittal. You mentioned that the Police car was four or five cars behind you so it is possible that he may not have had a clear view of your vehicle. It will very much depend on the strength of the Police Officer's evidence, but if it is just your word against his we would certainly have a chance of avoiding a con- viction.
A Q 88
I received a summons to Court for speeding on the 16th February 2015. The Court date is the 19th October.
Is it true that unless they summons me to Court within six months it is outside of time and they cannot prosecute?
...KNOW YOUR RIGHTS... A
It is true that the Police have a six-month limi- tation period, but it is a little more complicated than that. The Police have six months from the date of an offence to “lay information” for
prosecution.
What this means is that within six months from the date of an offence, the Police have to effectively notify the Court that they are going to prosecute. It would then be up to the Court to issue a summons, which in itself could take a matter of weeks. When you receive the summons the Court hearing could be even later. Therefore, whilst the Court date is outside of six months and you may even have received the sum- mons outside the six months, it would not necessarily mean it would be out of time.
Please can you send me a copy of the summons so that I can check the relevant dates?
Q A
right?
If you are disqualified from driving you are dis- qualified from holding or obtaining a British driving licence and disqualified from driving in the UK. This means that you are not able to
drive in the UK at all.
As you would also be disqualified from holding a British licence, this means you cannot rely on your British licence to drive anywhere else. Technically, there is nothing to stop you relying on a foreign licence to drive in another country, for exam- ple driving in France with a French driving licence. There is ongoing discussion about mutual recognition of disqualifications across the EU, meaning that if you are disqualified in one EU country, it would take effect across the whole EU, but as of yet this has not come into force.
Q
Last week I was sent to Manchester by my boss for a meeting for a couple of days. I didn’t know the roads very well and I accidentally committed four speeding offences. They all happened on the same road over two days, twice on the way to the meeting and twice on the way back. I’ve never been to Manchester before, and I don’t know the roads well, it is quite a long road and I thought it was a 40mph limit but it turns out it must be a 30. I got one of the fines through yesterday, but then the other three have come through today. I’ve never
OCTOBER 2015
I have just been disqualified from driving. I’m due to go to France for a holiday next week and my friend told me I can still drive in France because my ban only applies in Britain. Is he
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