Tag Archives: penalty points

News

Red X offences on smart motorways caught by new cameras

The government has passed legislation which permits for the first time a new traffic camera which will assist in catching those motorists using closed lanes on the motorway network.

red x offences

Enforcement of red x offences

The Secretary of State grants type approval only to devices that have a high degree of accuracy and reliability in performance. This is assessed through rigorous testing by the Counter-Terrorism and Security Division of Defence Science and Technology Laboratory (Dstl), formerly the Home Office Centre for Applied Science and Technology (CAST), and the police in the field.

Testing ensures that all devices are robust, reliable in operation and can produce accurate readings or images under a variety of extreme conditions. The courts and public at large can, therefore, rely on the evidence they produce.

So-called ‘smart motorways’ increase road capacity by converting what used to be the hard shoulder into a fully functioning traffic lane. If a car does breaks down and needs to utilise that lane, a red X sign is displayed to signal to motorists approaching that the lane is closed.

Regrettably, and somewhat puzzling, is the high number of motorists who ignore the lane closure, placing themselves and others at immense risk of death or injury.

Research suggests that up to 1 in 5 motorists ignore the red x restrictions.

red x offences

How will the new cameras work?

From June 2019 the new camera will capture the number plates of offending motorists committing red x offences, and significantly will be admissible as evidence in court – this is likely to lead to a dramatic increase in the number of people being given fixed penalties of a £100 fine and 3 penalty points.

Highways England has been working with manufacturers to modify the existing REDFLEXhadecs3 speed enforcement device to prosecute Red X and speed offences simultaneously. This has been developed primarily for the English motorway network.

This device will be used to prove an offence under section 36(1) of the Road Traffic Act 1988 consisting in the failure to comply with an indication given by a light signal that vehicular traffic is not to proceed and/or an offence under section 36(1) of that Act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane.

It can also be used to prove an offence under section 17(4) of the Road Traffic Regulation Act 1984 consisting in a contravention of regulation 9 of the Motorways Traffic (England and Wales) Regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway.

Contact an expert motoring law solicitor

red x offencesOur motoring team has extensive experience of dealing with cases right up to the Court of Appeal and geography will not be a bar to instructing us.  We will travel anywhere in the country to protect a motorist’s driving licence.

We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court.  You can read more about the legal aid scheme here.

If you are not eligible than we will provide representation in your road traffic case for a fixed fee.  This will allow you to know about and budget for the cost of your legal fees.  You can read about these fees here.

red x offences

You can find your nearest office here.  Alternatively you can use the contact form below.

News

How to answer a request for driver information

request for driver informationIt may be an offence to fail to provide information as the identity of a driver when you receive a written request for driver information from (or on behalf of) the police. If you are convicted then you face a hefty fine as well as 6 penalty points.

How long do they have to make the request?

 Any request for driver information must normally be served within 14 days of the offence being committed. There is case law, for example,  where because of a  postal strike delivery of the request for driver information was delayed beyond the 14 days an offence had not been committed where there was a failure to respond.

request for driver informationIf you receive a request for driver information and have any doubt as to whether the notice was served within the requisite period then please contact us immediately for further advice.  For example, in some circumstances, a valid request can be made after the 14 day period.  Do not ignore a request simply because you believe it to be out of time – always seek urgent legal advice from one of our motoring solicitors before you make any decision.

How long do I have to reply?

 From the date the notice is served you have 28 days to reply, or “as soon as practicably after the end of that period”.

Is there a right against self-incrimination

 A number of case have dealt with this issue.  Simply put, it doesn’t matter.  The requirement to identify the driver does not affect your human rights. The court has said “those who choose to keep and drive a car can be taken to have accepted certain responsibilities.”

Those responsibilities include the obligation to provide information upon request as to the driver of the vehicle on any occasion.

What if I really don’t know who was driving?

If you genuinely do not know who was driving it may be that you have a defence to an allegation of failing to answer a request for driver information.

The defence is that you “could not with reasonable diligence have ascertained who the driver of the vehicle was”.  As a result, for this defence to succeed, you will have needed to make all reasonable enquiries to find out who the driver was.  You will also need to reply to the request, providing what assistance you can.

In such circumstances it is best to seek early legal advice.  A recent case involving the former politician Lord Howard, has opened up a number of interesting legal arguments.

I did not receive the request for driver information and now I have been summonsed. What do I do?

You may have a defence to the allegation. Please contact a motoring law solicitor at your nearest office for further advice.

What if I provide false information?

It can be tempting to name a spouse, or even someone abroad, in the hope of avoiding penalty points. To do so would amount to the offence of perverting the course of justice.  This will almost always result in an immediate prison sentence.

We have provided more information about this here.

Companies

 It will be a defence for a company to show that there was no record kept of the driver and that this failure to keep a record was reasonable. The notice can be served by sending it to a secretary or a clerk, at the registered or principal office.

request for driver informationAlthough It may seem obvious, a company cannot be given penalty points.  As a result, any penalty would be limited to a fine.

In certain circumstances proceedings can also be brought against company directors.  As a result a company cannot be used as a shield against prosecution for this offence. If your company operates a company car pool it would be wise to ensure that you have robust procedures in place in order to track vehicle usage or run the risk of a conviction for failure to answer a request for driver information.

Will I be entitled to Legal aid to defend this case?

Public funding may be available do defend any court proceedings, so if you have received a court date then please contact one of our expert road traffic lawyers for further information.

You can find out more information about legal aid here.

How our expert motoring law solicitors can assist

request for driver information
VHS Fletchers offices in the East Midlands

The law concerning a request for driver information can be complicated. This article is intended to give only a very brief overview of the issues involved.  As a result, if you have any concerns or simply to discuss any aspect of your case please contact your nearest offices.

Details can be found here.

Alternatively you can use the contact form below.

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News

Taking points for someone else and perverting the course of justice

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.  Such offending includes taking points for someone else.

taking points for somebody elseDue to its seriousness, immediate custody almost always follows, yet there are a surprising number of people who commit this offence, thinking that they will easily get away with it.

“Offences of perverting the course of justice are intrinsically so serious that they will almost always attract an immediate custodial sentence unless there are exceptional circumstances justifying a different course” (R v Cronin (2017)).

Know a family member sitting on nine penalty points?

The scenario is a common one.  One person in the family already has 9 points on their driving licence.  A Notice of Intended Prosecution drops through the door in relation to a further road traffic offence.

taking points for someone elseThe new road traffic offence on its own is likely to be relatively minor.  It will only result in 3 penalty points and a modest fine. But, in this instance, due to the previous points on the licence, it may well result in a driving disqualification.

It may be that another family member with a clean licence thinks about taking points for someone else.  The thought process might go – how easy would it be for another person to take the blame?  Abe made to name a relative abroad.   Who would possibly find out?

Of course, the first mistake here is the belief that you will not be caught taking points for someone else.

In reality, however, the police take a keen interest in these cases, and often it requires only a modicum of detective work to reveal the true offender.

The consequences of the offending

taking points for somebody elseThe consequences of taking points for someone else can be horrendous.  The points follow, as does the disqualification which now becomes a reality with no realistic prospect of arguing exceptional hardship.  Worst of all, two people are arrested, possibly in the early hours, in front of friends and family, maybe even young children.

And finally, a prison sentence follows.  All to avoid a few penalty points.

Considering taking points for someone else?

The irony of the situation as set out above is that in many cases the driving disqualification could have been avoided.  This is particularly true if early advice had been obtained from an experienced road traffic law practitioner.

Many otherwise decent hardworking people find themselves before the court through decisions made in panic. Before acting always seek advice.

Contact your nearest office to speak to one of our expert road traffic lawyers about your case.

taking points for someone else

Alternatively you the contact form below.

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News

Driving ban avoided following successful exceptional hardship argument

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided.

What is an Exceptional hardship argument?

exceptional hardship argument chesterfield solicitorAll drivers will know that when they reach 12 penalty points they are liable for a minimum six month driving ban under the totting up procedure.

A driver can, however, avoid this disqualification if it can be shown that exceptional hardship would result from a disqualification.  If successful, a driver will be able to keep their license even though they have reached 12 penalty points.

The concept of “exceptional hardship” is not exhaustively defined by the law. It does, however, have to be more than an inconvenience caused as a natural result of a driving ban.

Issues that could amount to exceptional hardship may include:

  • Loss of a job resulting in loss of accommodation
  • An inability to get to any work due to geographical and public transport restrictions
  • Loss of employment of third parties due to a businesses having to close

A driver will usually have to give evidence to the court on oath to support the exceptional hardship argument.

Travel to Norwich Magistrates’ Court

exceptional hardship argument chesterfield solicitor
Norwich Magistrates’ Court

Our client faced three separate sets of proceedings before three different courts.   It was important that Kevin ensure that all three cases were before a single court as his client wished to make an exceptional hardship argument to avoid disqualification.

This is because a successful argument cannot be put more than once in a three year period.  As a result, had the exceptional hardship argument succeeded in one set of proceedings, it could not have been argued in the other cases.

In any event, this client’s case was particularly complicated.  Kevin had to apply to set aside certain convictions and overturn a driving disqualification imposed in absence before all cases were finally listed before Norwich Magistrates’ Court.

Our client chose to instruct Kevin to travel to Norwich as he knew that he would put forward skillful legal argument on his behalf.

Our client left with 19 penalty points

exceptional hardship argument totting banDue to the nature of our client’s employment which took him all over the Country, he would have an argument to say that to disqualify him him cause exceptional hardship over and above that which will normally follow a driving ban.

Kevin advanced the exceptional hardship argument on behalf of his client.  Even though by now his client had 19 penalty points on his licence, this was the only way he could avoid a disqualification from driving.

Evidence on oath to support exceptional hardship argument

 

exceptional hardship argument evidence on oath

His client gave evidence to the court about the difficulties he would face if he lost his licence.  Perhaps significantly, he was also able to give evidence of the impact of losing his job on his partner and the risk of them losing their accommodation.

Fortunately for his client, Kevin made a successful exceptional hardship argument on his behalf.   The court then chose to exercise its discretion not to impose a driving disqualification. This meant that our client could continue driving.  There were, however, financial penalties and costs to pay as a result of these offences.

Kevin’s experience meant that he was unable to unpick the tangle of convictions to ensure that his client had an opportunity to avoid a driving ban.  His persuasive advocacy skills were then able to secure the result his client needed.

Representation by way of an affordable fixed fee

It is unlikely that legal aid will be available for a case like this.  Here, Kevin agreed a fixed fee with his client that included the expense of travel to Norwich.

In the event, this fee was a small price to pay in order that our client kept his driving license.

Contact a Chesterfield Motoring Law Solicitor

If you face a driving ban then you will require affordable advice and representation from an expert road traffic law solicitor.   Chesterfield road traffic law solicitor Kevin Tomlinson can be contacted at our Chesterfield office on 01246 283000.

Alternatively, there may be one of our other offices that is more convenient to you.  You can find the details of these offices here.

You can also use the contact form below.

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News

Driving disqualification avoided due to exceptional hardship

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Her latest offending left her with 19 penalty points on her licence.  In order to ensure the best result for her, Kevin had to ensure that offences from two different court centres were before a single court.

road traffic law solicitor ChesterfieldKevin’s client had received a requisition from a Court in Staffordshire.  This was as a result of new speeding offences. If convicted she would have been over the 12 point penalty limit for keeping her driving license and a ban was possible. Kevin knew that the client would have a strong argument to keep her license as losing it would cause her exceptional hardship.

His client then discovered that she was to have a further case before Derby Magistrates’ Court involving similar offence.

It was important that both cases be listed together.  This was because Kevin could only put forward the same reasons for exceptional hardship once within a three year period.   Kevin managed to delay the case in Staffordshire until the case in Derby had been listed.  He was then able to have both matters listed before the same Magistrates’ Court.

At the point of sentencing Kevin had the opportunity to put forward the exceptional hardship argument on behalf of his client.  This gave her an opportunity to keep her driving license even though she now had 19 penalty points on her driving licence as a result of her guilty pleas.

Exceptional hardship arguments

motoring law solicitor chesterfieldAs all drivers know when you reach 12 penalty points the Court will disqualify you from driving under the totting up procedure. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit.

The concept of “exceptional hardship” is not comprehensively defined by the law.  It does, however, have to be more than an inconvenience caused as a natural result of a driving ban.

Issues that can amount to hardship may include:

  • Loss of a job resulting in loss of accommodation for others such as children
  • An inability to get to any work due to geographical and public transport restrictions
  • Loss of other third persons employment due to businesses having to close
  • The requirement to take family members to urgent medical appointments when no other transport is available

In this case Kevin argued exceptional hardship before the Magistrates.  His client gave evidence to the court about the difficulties she would face if she lost her licence.  Although the case was initially heard before two Magistrates, they could not agree.  As a result a third Magistrate was brought in so Kevin had to present the case again.

No driving disqualification but 19 penalty points

Fortunately for his client, Kevin was successful in his representations and exceptional hardship was found. The court chose to exercise its discretion not to impose a driving disqualification. This meant the Client could continue driving and was simply ordered to pay financial penalties for these offences.

Kevin’s advocacy skills and ability to see the bigger picture when collecting together cases before making his argument enabled the client to keep his driving licence.

Privately funded cases

For this type of case legal aid was not available.  Instead an agreed fixed fee was agreed in advance of the work being undertaken.  In the event this was arguably a small price to pay in order that our client keep her driving license.

Contact a Chesterfield Motoring Law Solicitor

Chesterfield road traffic law solicitor VHS Fletchers driving disqualification
Chesterfield motoring law solicitor Kevin Tomlinson

If you require advice and representation from an expert road traffic law solicitor because you face a driving disqualification then please contact Kevin at our Chesterfield office on 01246 283000 or use the contact form below.  Details of our Chesterfield Office can be found here.  Alternatively you can find your nearest office here.

Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.

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News

New Guideline for Speeding Penalties in Force from 24 April 2017

road traffic law speeding disqualificationThe new sentencing guidelines as they apply to speeding offences have been receiving some publicity.  The reports have highlighted the increase in the level of fine that can be imposed for the most serious examples of speeding that appear before the Magistrates’ Court.

The penalties involve maximum fines of £1,000  or £2,500 if the offence is committed on the motorway.

Nottingham motoring law solicitor Graham Heathcote spoke to BBC Radio Nottingham on 24 April 2017.  You can listen to the interview here:

You can begin to work out the starting point for your particular case by looking at where you fall within the bands.

Band A

This covers low level speeding.  It will result in three points and a fine of up to 50% of your weekly income.  It applies if you are driving up to 30mph in a 20mph zone; up to 40mph in a 30mph zone; 55mph in a 40mph zone; 65 in a 50; 80 in a 60, and; up to 90mph in a 70mph zone.

Band B

This will attract a driving ban of 7 – 28 days will or four to six penalty points.  This punishment will be imposed with a fine of up to 100% of your weekly income.

It covers more serious speeding – 31mph to 40mph in a 20mph zone; 41mph to 50mph in a 30 zone; 56mph to 65mph in a 40; 66 to 75 in a 50; 81-90 in a 60, and; 91mph to 100mph in a 70mph.

Band C

This sentencing range is reserved for the most serious speeding offences. The court will consider a driving ban of between 7 and 56 days or impose six penalty points.  This could be coupled with a fine up to 150% of weekly income.

This covers speeds of over 41mph in a 20mph zone; 51mph in a 30mph zone; 66mph in a 40mph zone; 76mph in a 50mph; 91mph in a 60mph, and; 100mph in a 70mph zone.

speeding penalty points driving ban
Magistrates’ Court Sentencing Guidelines for Speeding

A change in emphasis for mid-range speeding offences?

The guideline for Band B offences appears to be a change of emphasis in relation to the starting point.  It is unlikely to be an error in drafting that suggests that the Magistrates’ should first consider a driving ban and then look at penalty points as an alternative.

We will have to wait and see whether the courts’ interpretation of the guidelines results in more motorists receiving short discretionary disqualifications.  We know that the effect of such a driving ban may well be disproportionate to the time that it is in force.

The net effect of these guidelines might effect many more motorists.  Those who break the limit by miscalculation rather than recklessness, now face a real risk of ending up off the road. The consequences can go beyond the simple ban, including a massive hike in future insurance premiums.

Aggravating Factors

The table above show the starting point for speeding offences before the court.  The fine and whether there is a disqualification or points will defend on the aggravating and mitigating factors in any case.

The guideline features a non-exhaustive list of factors that may increase serious and therefore the financial penalty as well as increase the chances of receiving a disqualification. These include:

  • Previous convictions
  • Offence committed whilst on bail
  • Offence committed on licence or post sentence supervision
  • Poor road or weather conditions
  • Driving LGV, HGV, PSV etc.
  • Towing caravan/trailer
  • Carrying passengers or heavy load
  • Driving for hire or reward
  • Evidence of unacceptable standard of driving over and above speed
  • Location e.g. near school
  • High level of traffic or pedestrians in the vicinity

Mitigation

Some aspects of the case might reduce seriousness and therefore the penalty imposed such as:

  • No previous convictions or no relevant/recent convictions
  • Good character and/or exemplary conduct
  • Genuine emergency established

Net effect, many more motorists, who break the limit by miscalculation rather than recklessness, now face a real risk of ending up off the road. The consequences can go beyond the simple ban, including a massive hike in future insurance premiums.

Ring now, 0115 9599550, and get us on your side.

Contract a Motoring Law Specialist

speeding road traffic law penalty points driving ban
Nottingham motoring law solicitor Graham Heathcote

We appreciate that your driving licence will be important to you.  You may receive a notification that the police are considering a prosecution. You might be told that you have a court date.

Here at VHS Fletchers we have an experienced team of motoring lawyers, with extensive experience in what can be a complex area of the law, providing technically sound, clear advice and with a proven track record of saving motorists’ driving licences.

Please contact Graham Heathcote on 0115 9599550 or contact him using the form below for advice and an estimate of our fees.

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News

Driving ban avoided at Chesterfield Magistrates’ Court

driving ban chesterfield criminal lawyer kevin tomlinson
Chesterfield Motoring Solicitor Kevin Tomlinson

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where the Defendant was at real risk of a driving ban.

Kevin’s client was caught driving at 80 mph in an 50 mph speed limit. Kevin’s advocacy skills and ability to use modern technology, enabled the client to keep his driving licence, leaving court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of instructing a local motoring solicitor.  Kevin has worked as a criminal defence solicitor in Chesterfield for many years and knows the roads around Chesterfield, including into High Peak, very well.

Benefits of a local Chesterfield Motoring Lawyer

Kevin’s client told him that he had been caught speeding whilst driving on the Snake Pass between Chesterfield and Manchester.  Kevin was immediately able to recognise the seriousness of the situation.

Snake Pass winds its way through the High Peak with very limited opportunities to overtake other road users.  Drivers are regularly driving at less than the stated 50 mph.  The road is regularly used by farm vehicles and haulage companies. This leads to drivers becoming increasingly frustrated during their journeys.   There are often accidents which leads the police to monitor the road closely.

 

Kevin’s client was running late and took an opportunity to overtake another vehicle.  In doing so he accelerated to 80 mph and was caught by a Police mobile camera. The client did not dispute the reading and indicated to Kevin his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this manouever.

Our client required his vehicle for work.  Kevin had to make his client aware that due to the level of speed the Court would consider imposing a driving ban of up to 56 days.

Use of Click Share Technology to Present Mitigation

driving ban avoided chesterfield motoring solicitor
Chesterfield Magistrates Court

As a Chesterfield motoring solicitor, Kevin knew that the local Magistrates would also know the road in question.  They would be concerned by the driving.  The road is extremely long, however, and where the offence took place was potentially important to the sentencing decision.

As a result Kevin located the area of the incident on his laptop.  He was show this to the sentencing Magistrates via the Click Share system.  He demonstrated that whilst the speed was excessive, it was along one of the straighter parts of the road rather than during the more twisty stretches of the road.

Penalty Points and no driving ban

As a result of his knowledge, Kevin was able to present his client’s case in an extremely effective way.  This, in combination with his expert presentation of personal mitigation, led to the Magistrates’ taking a lenient approach.  Kevin’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

If you require the advice and representation of an expert motoring solicitor then please contact Kevin at our Chesterfield office on 01246 283000 or email him here.  Details of our Chesterfield Office can be found here.

Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.