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Olivia Peck
 

Drunk in Charge of a Vehicle offence

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Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of this offence, under S5 of the Road Traffic Act 1988, the prosecution...

Failing to provide driver identification details

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It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988. The registered keeper of a vehicle has a legal obligation to provide details of who was...

Caught Speeding - What are the consequences?

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Leicestershire saw almost twice as many speeding prosecutions in 2022 compared to 2021, reports show. Nationally, the number of drivers receiving a speeding conviction has reached an eight-year high. Most people caught speeding were offered a fine and...

Special Reasons - Drink Driving

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Special Reasons it is not a defence but an argument surrounding the circumstances of the offence and if argued successfully, could avoid or reduce a disqualification. The argument is specifically around the drink driving incident itself and not personal...

Voluntary Interviews - what are they?

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Have you been asked by the Police to attend a voluntary interview, for a talk? A voluntary interview is conducted by a Police Officer when investigating a criminal offence, the person being interviewed is the suspect in the investigation. The interview is...

Football Banning Orders and the World Cup

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In the 2021-2022 season the police continued to take action over disruptive fans at football, with over 2,100 arrests and 516 new Football Banning Orders issued. There is no doubt therefore that with the World Cup taking place, there will be a potential...

Dressing up for Halloween? Don't dress and drive!

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If you are considering dressing up for Halloween, to go to a party as a scary character, be careful that your costume does not obstruct your ability to drive. If your costume could affect your driving, you could be in breach of the Highway Code. An example...

New Domestic Abuse Offences as of 7th June 2022

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Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7 th June 2022. What is the offence of strangulation or suffocation? The...

Sentencing for sexual offending involving a "sting" operation

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From 31 st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with...

Caught driving whilst using a mobile phone?

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New legislation comes into force on 25 th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the...

What happens if the police want to speak to me?

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If the police wish to speak with you under caution it is extremely important that you understand your legal rights. Even if you are not under arrest or placed in police custody you still have the right to free and independent legal advice. Voluntary...

Police Targeting Drink Driving at Christmas

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The Christmas season is coming... As the Christmas season approaches the party season gets underway. You may see Christmas drink drive campaigns starting to appear from local police forces, which will mean that once again police will be targeting drink...

Having a drink whilst out on your Scooter, think again....

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Owning an E-Scooter legally is currently difficult, as there are strict rules on any privately owned E-Scooter to be used lawfully on a road or public place. The rider must have insurance, licence, safety equipment and vehicle tax. The Law E-Scooters are...

What if you're caught in charge of your motor vehicle whilst over the prescribed limit?

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With restrictions lifting there is an increase in drink driving offences , not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to be drunk in charge of a motor...

Failing to provide a breath specimen the consequences

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The police can request a specimen of breath when they have reasonable grounds to suspect that you were driving, attempted to drive or drunk in charge of a vehicle where alcohol or drugs have been consumed. It is a criminal offence to refuse to provide a...

Revocation of driving licence for new drivers

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As a new driver your licence is particularly important to you, however are you aware that your driving licence is automatically revoked by the DVLA, if you build up six or more penalty points within two years of passing your first driving test? ...

Did you know there is a legal requirement to restrain your dog in the car?

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Research shows that over a third of drivers fail to restrain pet passengers, with 1 in 10 allowing pets to sit in the front seat of the car, and a further 9% of drivers, allowing their pet to sit on the back seat without a harness or seatbelt...

Special Reasons argument for Driving without Insurance

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What is a Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A conviction...

Affray just really what is it?

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Affray is a public order offence, the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for their safety. If two or more...

Supply of a psychoactive substance and offering to supply

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While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use. However, possession for personal use is not an offence. The...