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Motoring Offences

Motoring offences are not uncommon and prosecutions occur every now and then. While most of the alleged motoring offences are considered minor, some are far more serious and may pose life-altering outcomes.
We are there to help and guide through, if a motoring prosecution is extremely concerning and intimidates the livelihood and even the liberty of the driver. We have the required experience and expertise for handling various types of motoring offence, including drinking driving, speeding, dangerous or reckless driving, penalty points and other, for individuals as well as companies.

Do I have any rights, when Police stops me while driving?
Yes. If the police stop you while driving, then it is your right to avail legal advice even before speaking with the police under caution. You can straightaway inform the Police that you want to seek legal advice first, and then you can simply call us.
Even though, most of the time the Police will wish to have an informal talk with you but it is highly recommended that you ask for legal advice before uttering any word that might go against you and turn out to be a confession of mistake or guilt.

How should I deal with notice of intended prosecution?
If you receive a notice of intended prosecution, then it is advised that you contact a solicitor right away. You should not finish any of the paperwork that is supposed to be sent back to the Police before speaking with a solicitor. Mainly because the success of most defence cases are accredited to the fact that this part of the process is not properly executed by the Police.
Seeking the help of a reputable motoring solicitor will ensure that he carefully understands the notice on your behalf and will make sure that the notice complies with the legal requirements. Moreover, the solicitor can help you out in filling the form accurately, if there is any such obligation.

Say I don’t know who was driving the car - then?
In case the vehicle is registered in the name of an individual, then you should do the needful top identify the driver who was driving that vehicle when the alleged offence took place. Establishing the driver is extremely important as it will serve as a crucial evidence for augmenting a successful defence in a motoring prosecution.
However, if you are not the registered keeper of the vehicle, then don’t worry it is the responsibility of the prosecution to provide evidence or prove that you hold the authority or have control over the information that they are seeking.
Seeking the assistance of an experienced motoring solicitor will ensure that you can easily handle the strategic decisions related to defence.

Is it wise to challenge the Notice of Intended Prosecution or I should simply pay the fine?
In order to avoid going to Court, most people find the idea of paying the fine and taking the penalty points more appealing. Some are even tempted to do so just to avoid dragging the situation furthermore. 
However, it is advisable that one get legal assistance in that matter before moving on to any other steps, as there are numerous conditions and circumstances where you can even challenge the Notice of Intended Prosecution.

Is there a risk of losing the driving license if I go to Court?
Losing the driving license solely depends on the severity of the alleged offense. Offences like Dangerous or Reckless Driving and Driving with Excess Alcohol can amount to a ban of at least 12 months, and you will lose your licence. Whereas, offences that involves penalty points may or may not be imposed by a ban, depending on the discretion of the Court.
In speeding offences, the Court is likely to disqualify one for driving, in case the alleged speed is 30mph above the limit. Though the decision of each case is dependent on the merits of the case, but the Court is bound to contemplate on mitigating circumstances, previous convictions or a person’s resources and other related factors before arriving to any conclusion.  

Is there a possibility of automatically losing the license, if it has 12 points on it?
Yes, according to the law a driver might be imposed with a ban of six months if he gets 12 points within three years. This comes under ‘totting up’, and the drivers should be cautious about attracting points. However, if you seek advice of a reputable motoring solicitor, which is undoubtedly extremely vital in such circumstances, he might find a way of showing the driver will go through tough times in case they lose their license. One might avoid this situation in the long run.

 

 

 

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