KNOW YOUR RIGHTS
It was fantastic seeing everybody at the PHTM Expo and answering the legal questions that people had. In this month’s edition we have taken examples of just a few of the questions that people asked us over the two days. But if you need specific advice on motoring matters please email
advice@pattersonlaw.co.uk or call us on 01626 359800 for free legal advice.
Q A
If I don’t follow the advice and rules which are contained in the Highway Code am I actually committing an offence?
Not automatically. Every case is dependent on its own facts. The Highway Code is a fantastic place to start and as it says, it is essential reading for everyone. But not observing the Highway Code is not itself an offence and does not automatically
mean you will be prosecuted.
Prosecutions for driving without due care and attention (careless driving – 3-9 penalty points) are occasionally brought purely on the basis that a defendant is in breach of a provision of the Highway Code, and the general rule of the Court is that a defendant should be convicted in the absence of any other explanation. However where the defendant provides an explanation for the breach of the Code, the prosecution must disprove it if they want to secure a conviction.
There are examples of cases decided by the High Court where the defendant has been in breach of the Highway Code yet has been found not guilty. In Jarvis v Fuller [1974] the defendant drove at 50mph in the wet at night with only dipped headlights, when really he ought to have had his full beams on. He failed to avoid hitting a cyclist wearing dark clothing whose rear light was not properly working. In that case the Appeal Court emphasised that whether the standard of driving is careless is a question of fact, and in this case it was open for the Court to conclude that the defendant was not driving carelessly.
Similarly in Scott v Warren [1974] a defendant was driving in a line of moving traffic and was unable to avoid hitting a piece of metal which had fallen off a lorry in front of his van. It was suggested by the prosecution that he had not left enough space according to the Highway Code between himself and the lorry, however he was found not guilty and this was upheld on appeal.
So ultimately no, not following the Highway Code does not automatically mean you are guilty of an offence, however it is always our advice, especially for professional drivers, to
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familiarise yourselves with the Highway Code and follow it as best as possible, as this will certainly give you the best chance of avoiding prosecution.
reading was inaccurate too? Unfortunately it is very unlikely.
Q A
Blood is taken from a defendant when they are under suspicion of either drink or drug driving.
Generally the primary method of taking a specimen from a defendant will be breath, however in certain cases (certainly in relation to drug driving) the police can take blood from a defendant. That blood sample is then sealed and sent to a laboratory for analysis.
A couple of years ago a scandal hit one of the laboratories, Randox. A whistleblower reported that analysts at the laboratory where manipulating calibration results, and as a result a large portion of blood results has to be re-tested by other laboratories. The samples that could not be re-tested or were found to be under the limit were sent back to court, and those defendants had their cases reopened.
A more recent issue has hit another laboratory, which has voluntarily given up its testing certificate because it is concerned about the accuracy of the machines testing blood samples, but this is only in relation to amounts of cannabis in the blood sample, nothing else. But similar to the Randox case, those defendants who are affected are having their cases reopened.
So unfortunately it is not automatic that any blood results are going to be automatically returned, but if any PHTM readers know of anybody who could have been affected by these scandals, then do call us for free initial advice. We can absolutely look at every case individually to see whether the results could be found to be unreliable.
Q A
If the police don’t have a calibration certificate on my speeding fine does that mean the case is thrown out?
No, not automatically. Generally a speeding offence that has been measured using a speed gun or a fixed camera must be backed up with a calibration certificate. Calibration means that the device itself
is tested yearly for accuracy. in addition to that a hand held speed gun should be tested everyday it is used.
Evidence of calibration is usually provided in what is called OCTOBER 2021
I saw in the news that some drug driving offences are being overturned because the blood results are inaccurate. Does that mean my friend’s drink driving case might be overturned if her blood
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