Motoring
With 85% of drivers admitting to exceeding the speed limit, and with 49 speed camera sites in Plymouth alone, it should not be a surprise to speeding drivers that they could lose their driving licence on one trip into the city centre from the Tamar Bridge. A similar situation may apply in many UK cities.
Penalties
Penalties for one speeding offence can range from three penalty points on your driving licence to disqualification for up to 56 days, or to disqualification for up to one year. The speed at which you are exceeding the speed limit dictates the number of penalty points that will be endorsed and will affect the amount of the fine.
Alternatively, if you already have a number of points on your licence and due to a conviction the total amount of points endorsed exceeds 12 then there will be a minimum of a six month disqualification period. If you have been disqualified due to the number of points on your licence before, you will be disqualified for 12 months.
In any event, the Magistrates’ Court has the discretion to disqualify a driver until they have passed their driving test again. This is one experience most drivers do not wish to repeat. However, if you are still within the probationary period of two years, you only have to have six points endorsed on your licence before your licence is revoked and you have to drive as a provisional driver displaying ‘L’ plates under the supervision of a qualified driver again.
Before the court decides upon the fate of a driver, it will consider a variety of factors. In order to appreciate these, it is necessary to consult a solicitor as each case is different.
Are you a ‘totter’?
If you already have a number of points on you licence and you commit an offence which takes you over 12 points in a three year period, then you are a ‘totter’. This means that you will be disqualified in the absence of mitigating circumstances that constitute exceptional hardship. If there are mitigating circumstances then you may escape a totting disqualification, or the period for which you are disqualified may be shorter.
Mitigating circumstances
Mitigating circumstances include, for example, exceptional hardship. Exceptional hardship will be taken into account by the court if it is to another party. For instance, a sick family member may live 60 miles away from the nearest hospital and may be so incapacitated that they are dependant upon you to drive them there. Loss of a job does not, however, necessarily constitute exceptional hardship. Importantly, exceptional hardship will not be able to be argued again, within a three year period.
Do you have ‘Special Reasons’?
If you are not a ‘totter’, and commit an offence which means that you will be disqualified or have your licence endorsed with penalty points you may be able to argue ‘Special Reasons’. Special reasons are different to mitigating circumstances, because they relate to the offence and not the offender.
For example, Special Reasons can be used where the defendant exceeds a speed limit because of an emergency. In these circumstances you may escape disqualification or endorsement.
In any event you will need a solicitor to look at the individual circumstances and advise appropriately. They will also be able to present your case on your behalf to the court and you may be able to escape disqualification, or the endorsement of penalty points.
A Drink too Many?
It is a daunting prospect for the average motorist. Imagine yourself driving home after a quick drink with friends, to find yourself an hour later in police custody. The realities of police custody are harrowing at best. You will be stripped of most of your possessions and sat in a cell. You will be entitled to one ‘phone call and to see or speak to a solicitor. You will then be in custody until you satisfy the police that you are no longer intoxicated, which is usually the following day.
Unfortunately this happens to thousands of motorists each year. At the very least you will lose your licence.
Are you over the limit?
The legal limit for alcohol in breath is 35 micrograms of alcohol per 100 millilitres of breath. It is impossible to predict how much alcohol will push you over the legal limit as everyone reacts differently to alcohol. This is dependant upon a person’s size, gender, if they have eaten, how often they drink and so on.
Do you have to provide a specimen?
The police can insist that you provide a specimen if they reasonably suspect you have consumed alcohol or committed a traffic offence or been involved in an accident. If you do not provide a breath sample you will be committing an offence. There may be circumstances in which the police will insist that you provide a blood or urine sample. The solicitor at the police station will be able to advise you.
Drunk in Charge
At some time or another, most people would have at least considered sleeping in their car after a few drinks. Beware – as you can be charged with being drunk in charge of a vehicle. The prosecution will consider how likely it was that you were intending to drive the vehicle, for instance whether you still had control of your car keys, or other factors.
This may also happen if you are drunk whilst supervising a learner driver.
Again, you would need to speak to a solicitor at the police station about these situations.
Under the influence of drink or drugs
Drugs are any intoxicant other than alcohol. So yes, your cough medicine could be a drug for the purposes of this offence if it impairs your ability to drive. If you are stopped in relation to this, ask for a solicitor at the police station.
Factors that may reduce your period of disqualification
The Drink Driving Rehabilitation Scheme - You may be able to obtain a reduction in your period of disqualification imposed on you by completing a rehabilitation course. This would be between 3 months and ¼ of the total period of disqualification period.
If there was an emergency - This depends on individual circumstances, and you would need to discuss this with a solicitor.
If you were moving your vehicle a very short distance - Again a solicitor would be able to advise you about this.
If your drink was spiked - This would have to be considered at trial and it may have an effect on your penalty.
The most important thing to remember is to ask for a solicitor at the police station where legal advice is free. However, if your case progresses, legal aid is only available in certain situations.
In more serious cases we are able to apply for legal aid on your behalf, but when it is not available or it is refused, our fixed fee structure can give you financial peace of mind. In motoring matters, prices start at £250 plus VAT.
Please telephone 01752 675000 and ask for the Advocates team for more detailed advice and a quote tailored to your particular situation.
If in doubt contact a solicitor.
