Posts Tagged ‘motoring’

Driving Bans: The Facts

July 26th, 2010

A ban from driving can sometimes mean a permanent ban, but depending on the severity of your crime or crimes a disqualification can range from a one year ban to ten years off the road.

When the offence is less severe you may be required to serve a Short Period Disqualification (SPD) which is less than 56 days. You will need to give your licence to the court for the period of time and a permanent record will be made but it will not be surrendered, you will not be required to retake a test and you can start driving once the SPD has expired.

When a full license disqualification has been enforced, you are able to apply for a license again, and there are specific forms for this both at the post office and online. At this point you will receive a provisional licence and then you will be requires to take the theory, hazard and practical tests.

Once your full license has been reinstated, the endorsements (points) which you were given will still remain, until a magistrate advises you otherwise, at which point you will appear in court to make a case for removal.

In some extended bans, you may not be banned for the duration, as the courts have been known to allow a driver to serve half their disqualification if they have taken appropriate steps to ensure that after the disqualification period they will be a more responsible driver, such as taking a driving rehabilitation course. The duration of a ban may also be reduced if personal circumstances are taken into account by the court and it is clear that the impact of the ban would be detrimental to the motorist’s career or family life.

For bans longer than 2 years you can apply after half the proposed disqualification period, for example for a ban of 6 years you can apply after 3. If you made other offences, driving or otherwise, since your disqualification the court will immediately dismiss your application. If you are caught driving whilst banned you will face a custodial sentence and a hefty fine.

For more information on a drink driving offence and other motoring offences, see oliver & Co’s site, where their driving offence lawyer keeps the site up to date with legal news.


Motoring Offences And Their Penalties

July 24th, 2010

The UK has an abundance of road laws, and if you’re a driver on the UKs roads then chances you have at some point fell fowl of one of them. Surprisingly most of the UKs drivers are not actually aware of what they are being charged with and why when they are stopped. In this article, you will find a short list of the most widespread traffic offences, shedding light on the details and penalties you can look forward to for some of the more frequent motoring offences.

Speeding or exceeding the speed limit: The offence here is clearly defined as ‘Driving on a road exceeding the prescribed speed limit’. For this type of motoring offence you can expect a 60 fine up to a maximum of 1000 and an endorsement of 3-6 points on your licence, and a discretionary disqualification also applies. If you are driving at more than 30 miles an hour over the speed limit then you are likely to be disqualified.

If caught speeding and you are offered a fixed penalty then you are almost certainly best off in the long run to take this option as the compulsory fine is likely to be less than what any court would inflict. On the other hand if you do decide to contest a speeding fine, then possible reasons consist of; you were simply not speeding, it wasn’t you driving, or that you were driving an exempt means of transport due to emergency.

Failing to stop: This crime is clear; ‘A driver of a mechanically propelled means of transport in attendance when a road traffic accident occurred where personal injury or damage was caused to another person and or vehicle’. Further to this, if you also fail to stop after injuring an animal not in the vehicle or properties on or near the road and fail to stop then you break the above law. Penalties for this type of offence are strict, with at least 6 months in jail and a fine of a 5000 likely.

Motorway speeding: if you are caught exceeding the national speed limit in the UK on a motorway then the maximum penalty is a fine of 2500 and six driving licence points. If you a caught in excess of 100mph then the probably outcome is a ban coupled with the fine.

If you have been given a Drink Driving Ban, then visit Freeman Keep On Driving expert Driving Solicitors.


The New Claims Process For RTA

July 19th, 2010

The claims process for road traffic accidents compensation has recently changed, with low value compensation claims coming under a new process which will speed up the claims process. The new process will only apply to those cases which have an estimated compensation payout of between a thousand and ten thousand pounds and the biggest change to the process is how you register your wish to claim.

Before April, the rules stated that an insurer had 21 days to acknowledge the initial letter of claim, then a 3 month period in which to carry out investigations of their in order to come to a decision as to whether they were liable or not, which was often frustrating for the claimant.

However, since the new ruling, rather than sending a letter, potential claimants will use a secire online portal to submit an online Claims Notification Form, thus notifying the insurer of their attempt to claim. Once the insurer has been notified they then have just 15 days to respond with their liability decision, which they will also submit online.

The new Claims Notification Form contains more detail which must be filled out, than necessary in a letter of claim and so it will most likely take the claimant longer to lodge the claim whilst they gather the information. However once they do notify the insurer of the claim via the portal they will receive the decision on liability in a much more timely fashion.

Another big difference under the new process is that the claimant is the one who makes the initial offer of settlement, rather than waiting for the insurer or defendant. They do this based on the medical evidence and any financial losses they have suffered, and whilst this may seem unusual, it will almost certainly speed up the process.

The final change to the process is related to claims which would usually go to court. If the insurer has admitted liability but they and the claimant are unable to come to an amicable decision regarding the settlement figure, then rather than going to Court, they will support all relevant documentation to the court, who will then make a decision based on this information

As the process is still relatively new it is difficult to make a judgement on its success, and of course not every case will go through the entire process as if liability is not admitted or their are other issues then the usual procedure will stand.

If you think you have a compensation injury claim then it is worht seeking the advice of a specialist solicitor, as they are able to help if you have had a head or neck injury claim.


What Is Careless Driving?

July 15th, 2010

Careless driving is quite a common motoring offence , and a motorist is driving carelessly, if their standard of driving is below that which would be expected of a responsible and competent driver.

Careless driving can be somewhat of a grey area, as the question of what constitutes careless driving is, in many cases, very objective. Driving can be deemed careless either when the driver is deliberately driving in such a way, and when the carelessness is as a result of lack of experience, lack of competence or simple lack of knowledge.

As the carelessness is not 100% fact based the way, the case the prosecution puts forward must be based on a strong inference that the collision or accident would not have been caused had they been driving in a safe and responsible manner. This is particularly relevant in cases where no illness, vehicle defect or other explanation for the accident is available.

Examples of careless driving include, overtaking on the inside, driving too close to another road user, and running a red light, but this is not an exhaustive list, and conduct such as using a phone, finding songs on your ipod or giving more attention to a passenger than the road could also qualify as careless.

Should you be found guilty of careless driving, depending on the severity your punishment could range from a small fine and 3 points right up to disqualification, with the maximum penalties being a 2500 fine, 9 penalty points and a discretionary disqualification.

In the event that a motorist receives a summons for careless driving, then the first thing they should do is get advice form a motoring lawyer, as they will have a wealth of experience and knowledge in this sector of law and be able to advise a motorist of the next steps and any appropriate further actions.

If you are facing charges for careless driving then a specialist motoring offences solicitor will prove invaluable.


Britain’s Most Lucrative Speed Camera

July 12th, 2010

It has materialised that a new speed camera erected on a road where there has been just one severe accident in over ten years, has brought in over 1.3m pound in profits from speeding motorists per year. It has been daubed Britain’s most lucrative speed camera and has been named and shamed by an angry local community.

The controversial camera, which has been described as one of the most lucrative in Britain, has captured on average 1,843 motorists per month. And with the average fine for speeding 60, that equates to 1,327,140 each year.

The cameras location is Poole in Dorset on a 30mph section of road on a dual carriageway. The camera was initially erected to catch motorists jumping the red lights nearby; however the camera has since been converted to also trigger when motorists speed through the green light and is one of the first in the country to do so.

Official statistics show that only one serious accident has taken place on this road in over ten years with no fatalities. This has led to fears by motoring groups who are concerned that the only reason the camera has been converted is to ‘milk the motorist’, they also believe the low 30mph speed limit on a dual carriageway that usually commands a 40mph limit adds to the high number of issued tickets.

As a result of the cameras positions, the low speed limit and the fact it works regardless of green or red lights, drivers who thought they were driving legally have been caught travelling just a few miles over the limit. The road the camera is situated upon is a wide dual carriageway, with an industrial estate on one side, and a harbour on the other. The revenue generated by this one camera dwarfs the amount generated by other cameras, delivering evidence that something is seriously wrong with the setup.

A temporary Camera at road works on the A1139 in Peterborough earlier this year was, on average issuing 3000 tickets per month, generating 3.2m per year.

If you have been given a Drink Driving Ban, then visit Freeman Keep On Driving expert Driving Offence Solicitors.


Are You Safe To Drive The Morning After Drinking?

June 22nd, 2010

Now, nobody is going to argue with you over the odd big night out and we all doubt you would try and drive a car after drinking, but how cautious are you about driving the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.

The legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood depending on the country you are in. This amount is easy to reach with just a couple of units of alcohol in one night so imagine much of an impact 10 – 20 units would have even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.

A heavy night can take more than 12 hours for the body to process the alcohol and it can still have an effect up to a day later. Most nights out or parties continue to the early hours of the morning meaning you won’t get a full nights sleep, especially if you are getting up at your usual waking hour. You might assume that after sleeping the effects of the alcohol will have worn off but this is not the case.

There is a huge number of people that drive while under the influence of alcohol the morning after drinking, but for different reasons; most do not realise that they are over the limit but some assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.

The police are usually aware of when people will be drinking heavily such as weekends and holidays and will plan accordingly, the morning after Christmas, new years day and other holidays are times when forces set up check points and randomly stop drivers to check for alcohol content. This is primarily a deterrent but they also aim to crack down on offenders.

It’s not just residual alcohol that can impair your ability to drive; a hangover is caused by the brain being dehydrated which means you will find it difficult to concentrate. A bad hangover will mean you are less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.

Getting caught over the limit in the morning can still land you with a drink driving ban and many people end up hiring a driving offence lawyer to get them off the hook.


Pensioner On Drunk Driving Rap

June 20th, 2010

An elderly disabled pensioner has been arrested and convicted of dink driving whilst speeding at 4mph on his mobility scooter. He was arrested after 8 policemen in three cars made the road side stop.

The man was pulled over when he failed to stop after being ‘blue lighted’ by police. Police then took further action which resulted in one car mounting the pavement to block the driver’s path. Only then were police able to seize the vehicles keys.

The disabled pensioner, who has the scooter thanks to blocked arteries in his legs, was pulled over after an evening playing dominoes with his friends and had consumed around six or seven pints before setting off home.

The pensioner was understandably shaken and somewhat peeved after the incident, he commented “I can’t believe how they treated me – anybody would think that I was a bank robber or a member of Al-Qaeda,” Donohoe told the Daily Mail. The pensioner was kept in police cells for 12 hours, fingerprinted and had his DNA taken.

He continued; “They must have known, like I did, that the rules of the road don’t apply when you’re riding a mobility scooter down the pavement at three and a half miles an hour, but it didn’t seem to matter one jot.”I didn’t stop at first because I wanted to get home, and I wasn’t doing anything wrong.”

Mr Donohoe was found to be three times over the legal UK drink driving limit after he failed a roadside breath test. He has been banned from driving; however he has not been banned from driving his mobility scooter as it is not actually classed as car.

There are several unusual cases of drink driving, including a milk man charge with driving his float whilst under the influence and a Welsh rugby player driving a golf buggy down a busy motorway.

If you have been convicted of Speeding, then visit Freeman Keep On Driving expert Speeding Solicitors.


Penalties For Driving With No Insurance

June 19th, 2010

If you drive in no insurance then you are likely to come under the full arm of the law and have various penalties and punishments apply to you. These punishments will depend upon the infraction that you make and this nature and each state will require you to have some level of insurance to avoid all of this.

In the main there will be two different types infractions that any motorist can do. The first of these will be when a motorist has an insurance policy for the vehicle but does not have it on them when they are stopped traffic stop. The other will be when the motorist has absolutely no insurance policy whatsoever.

The most common type of punishment that you will get from not having an insurance policy will be some sort of ticket and a resulting fine alongside it. The amount of the fine can range from several hundred dollars all the way up to a fair few thousand depending upon which state the infraction was in and the severity of the infraction itself.

Offering you will also see that you get points added to your license as a result of certain tickets being applied. The number of points that you get added to your license will be dependent upon the classification of the infraction and the state in which you live. For some states you will not get any points, but in others you will get up to 3.

If you were to be involved in an accident and you had no insurance policy for the vehicle then you might actually have your entire license revoked and suspended. The licence could be taken away for a certain period of time or for the period up until you are able to pay back all of the charges and costs associated with the accident.

You might also get a ticket, be unable to pay, and therefore have to face some sort of jail time. You might also be sent to jail as a result of causing an injury without insurance in an accident and the amount of jail time that you face will depend on the severity of the incident.

In most cases those who are caught and have to pay different fines associated with their punishments will notice that it is far more financially prudent to simply purchase an insurance policy instead. The costs involved with all of the accidents or punishments that you face will commonly be a lot higher than the insurance cost for the year, and so this is always the better option.

Driving with no insurance is a heavy crime and if you’ve been accused of it, then you will probably be charged, but the extent of your punishment can be brought down with sound legal advice and defence. Click on permitting no insurance for more information.


Apply The Brakes To Drink Driving

June 14th, 2010

1 in ten deaths on UK roads are caused by drunk drivers, and in 2008 269 of these where a direct result of drivers being found over the limit. There where over 11,000 recorded drink or drug related incidents in the UK in 2008.

The road safety charity, Brake, has recently conducted some research into these findings. The findings reveal that up to 14 per cent of these incidents are caused by driver ‘at work’. An ‘at work’ driver is one that attends a meeting or corporate event and consumes alcohol before getting back behind the wheel either same day or the morning after.

The at work drivers admitted to consuming up to three times the legal drink drive limit before taking control of their vehicle, when in comparison just 6 percent of other driver made the same claim.

The findings from the research should get managers thinking about the role they play and the responsibilities they have to their employees the next time an event, ceremony or marketing conference or other ‘off site’ event is organized. Many of our UK workforces have attended such an event, where the common procedure is to consume alcohol after the meeting or event is wrapped up.

It is of course the responsibility of the individual to retrain themselves with regards to alcohol consumption; however the managers can play a role in organizing public transport to and from the event, and even allowing the employee the morning off work the day after the event.

Brake is doing its bit by launching a new campaign called ‘Face Facts’. Posters and e-guides are available to assist managers in alerting company drivers of the risks of drunk driving.

If you have been convicted of speeding, then visit Freeman Keep On Driving Road Traffic Solicitors.


Arrested For Drunk Driving Behind The Wheel Of A Bus

June 11th, 2010

Passengers on board a Blustar-run bus have spoken of their shock after the driver of the vehicle was arrested on suspicion of driving under the influence of alcohol.

25 passengers were on board the double decker bus, ran by Blustar at the time of the incident. The passengers onboard included children and elderly people when the police pulled over the vehicle before breathalysing and then arresting the driver for drunk driving.

One shocked passenger who does not want to be named commented: “We couldn’t hear the police officers after they had stormed in and were talking to the driver. We all panicked but did not know what to think. We just didn’t have a clue what was happening when we saw the blue flashing lights.”

One passenger travelling on the bus said: “We just didn’t have a clue what was happening when we saw the blue flashing lights. We all panicked but did not know what to think. We couldn’t hear the police officers after they had stormed in and were talking to the driver.

After the driver had been detained by police, the company sent over a replacement drive that arrived within minutes. Chris Harris, public relations manager at Blustar said because of the serious nature of the incident the employee was suspended immediately.

He continued:” The consumption of alcohol while on duty or reporting for duty while under the influence of alcohol is expressly forbidden. It is a strict rule that all Bluestar employees are required to be completely sober at all times when on duty. ”

It is important that companies such as Bluestar act quickly in response to drink driving allegations in order to reassure customers and take potentially dangerous drivers off the road. The safety of passengers aboard Blustar vehicles is paramount to their operations, so it is important to reassure passengers through swift response to issues such as this one that they are willing to do what is necessary to ensure safety.

The driver has been bailed until later in the year.

If you have been convicted of drink driving and been given a Driving Ban, then visit Freeman Keep On Driving expert Road Traffic Solicitors.