points, a fi ne and a discretionary disqualifi cation of up to 56 days. Also, don’t forget that the totting up penalty points system results in automatic disqualifi cations of six months, unless you are able to successfully plead ‘exceptional hardship’. Maybe. As indicated, the situation is not a simple black and white one.
Almost inevitably, it is various shades of grey. For example, running out of fuel a mile after having passed a services petrol station might result in a less than sympathetic prosecutorial stance. Whereas, on the other hand, an unexpected service station closure, is not likely to lead to a harsh approach. Also, running out of fuel may actually constitute a defence to a
prosecuted off ence. It depends on the circumstances. One example might be where someone has vandalised or tampered with your fuel gauge without your knowledge; or the ‘mechanical defect’ relied on might be the broken fuel gauge, which became defective after you entered the
motorway. The driver seeking to rely on such a defence has to prove it on the balance of probabilities. Furthermore, ‘emergencies’ strictly speaking, only
qualify as such if they actually arise on the motorway. T is means that if you knew you were low on fuel before you joined the motorway, it might be diffi cult, if not impossible, to argue that running out fuel qualifi es as a real emergency. Actually, this argument applies to water, oil and
brake fl uid as well. In fact, Highways England uses clever wordplay to counsel us to thoroughly check our vehicles before every journey, especially long ones. My favourite is ‘Don’t be a dipstick - check your oil’, so as to avoid your engine from seizing up and breaking down. Objectively, the margins are fi ne, and situational
factors will almost certainly come in to play. The Reasonable Man/Woman, who is ultra-cautious, and super-responsible, sometimes bears little resemblance to the actual real-life human being. T is is an observation of, not a criticism of, human failure. We’re all human! Also, prosecution decisions are often informed by the ultimate consequences, of human failure. However, that is not the same as saying that no consequences means no prosecution. T at would be far too easy. T e emergency services are not likely to be enamoured by having to eff ect a rescue, for an emergency that has been fuelled by mere stupidity. No pun intended!
For more information about Bastian Lloyd Morris, visit
www.blmsolicitors.co.uk or call 01908 546580
ALL THINGS BUSINESS 15
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