KNOW YOUR RIGHTS
In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law. These are real questions asked by drivers who have found themselves in difficult situations. If you need any advice on motoring matters please email
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow us on
facebook.com/PattersonLawMotoringSolicitors or
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Q A
I have received a letter from the DVLA which says I have been disqualified from driving for six months. I know I had six points for driving without insurance but this was from a couple
of years ago. I called them and they said that this is because I have been convicted of failing to provide driver information as I did not respond nominating a driver after a speeding offence. I did not know any- thing about this. I need to drive for my job and I don’t know what I can do.
In the first instance we will need to arrange for you to complete a Statutory Declaration. This is a legal document which you will need to sign to confirm that you were not aware of the pro-
ceedings. We can either arrange for this to be com- pleted at your local court or in a solicitor’s firm. It is often quicker to get a date in the solicitor’s firm, how- ever there is usually a small fee. Once this is signed, then the court will reopen the case as if it never hap- pened and the conviction, points and any fine would be removed from your record.
You will then be able to enter a plea to the offences.
You have explained that you did not receive any of the paperwork from the police or the court. On this basis you have a defence to the allegation. It can be a de- fence to failing to provide driver information if you did not receive the request and the presumption of service can be rebutted. For this we would need to show any anecdotal evidence of missing post, so if there are on- going problems in your area, if there is any other post which has gone missing and also if anyone else can verify this. Therefore I would advise you to enter a not guilty plea to the allegation.
In relation to the speeding offence, I would also advise you to enter a not guilty plea on the basis that you did not receive a Notice of Intended Prosecution and re-
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quest for driver information. In accordance with Section 1 of the Road Traffic Act 1988, this must be served on the registered keeper within 14 days. There- fore, as you were not served this has not been com- plied with.
On the basis you enter not guilty pleas, the case will then be listed for trial. In the interim we will make rep- resentations to the Crown Prosecution Service to ask them to review the file and consider withdrawing the case on the strength of the defence. If this is success- ful you would not need to attend court. We would then request a Defendants Costs Order be awarded in your favour to reimburse you for some of your legal fees.
If the case is not withdrawn, we will prepare the case for trial and send a barrister to represent you. The case will be heard in full and you will have to give evidence. If we are successful you would be acquitted and again a Defendants Costs Order would be awarded in your favour.
However, if you are convicted you will be at risk of a six-month disqualification under the totting up rules for accumulating 12 points in a three-year period. Therefore, if unsuccessful in defence we would present mitigation or your exceptional hardship argument to request the court refrain from banning you for six months. We can request they either give you a short ban for this offence, which would not affect the points on your licence and not require you to use your excep- tional hardship argument, which you can only use once in three years.
If not, we could ask the court to endorse the six points but allow you to keep your entitlement to drive. How- ever, you would then be driving on 12 points until the points come off naturally. The court could also endorse the points but reduce the six-month disqualification down. We would go through all of this with you in de- tail, take full mitigation and advise you on supporting letters in preparation for this.
Q
I was driving to a friend’s home after getting into an argument with my partner. I am a victim of domestic abuse and due to this I have a his- tory of anxiety and panic attacks. I was
stopped by the police on my way home and they told me that they could smell alcohol. I was arrested and taken to the station. They asked me to provide breath test and I tried my best but could not give enough and now they have charged me with failing to give a breath specimen. What can I do?
OCTOBER 2019
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