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Motoring Offences Blog

Providing Incorrect Driver Details to Avoid Penalty Points and Perverting the Course of Justice

Lucy-Ann Lee
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Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ) . While dodging a minor traffic penalty may...

Driving Without Due Care and Attention

Lucy-Ann Lee
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What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving that does...

Drink Driving: Keep safe this Christmas

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It’s that time of year, the Christmas party season is underway which coincides with the national Christmas drink drive campaign. That means there will be more stops and more prosecutions due to an increase in police patrols dedicated to seeking out...

Failing to provide driver identification details

Olivia Peck
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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...

Special Reasons - Drink Driving

Olivia Peck
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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...

Holidays are Approaching...

Rachel  Gaffney
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The Christmas season is fast approaching and the party season is well underway. Christmas drink drive campaigns may be starting to appear from local police forces. This will mean that once again police will be targeting drink drivers. Forces will prepare for...

I was sat in my car after drinking - am I guilty of a Criminal Offence?

Rachel  Gaffney
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Can I be arrested for sitting in my car drinking ?  Yes if you are sitting in the driver’s seat or are close to your car as if you are about to get in and drive it, the police can arrest you for being drunk in charge of a vehicle. Can I be...

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

Olivia Peck
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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...

What is an application for Exceptional Hardship?

Rachel  Gaffney
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An application for exceptional hardship can be made when a driver has accumulated 12 or more penalty points on their licence within any 3 year period, resulting in the Court determining whether they are to be disqualified from driving under the totting up...

Caught driving whilst using a mobile phone?

Olivia Peck
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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...

Police Targeting Drink Driving at Christmas

Olivia Peck
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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....

Olivia Peck
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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?

Olivia Peck
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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

Olivia Peck
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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

Olivia Peck
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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? ...

Special Reasons argument for Driving without Insurance

Olivia Peck
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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 for most road traffic offences...

Fail to Provide Driver Details - Company Prosecutions

Helen Johnson
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Does a Company have to provide details of their drivers’ (s172 notice)? If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver's identity. How is driver information requested? The...

Bank Holiday Drinking? A warning to all from Johnson Astills

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Following the difficult times we have all suffered this year with the Covid-19 pandemic it will be easy to get caught up in the bank holiday spirit, especially as this bank holiday the bars in Leicester and other surrounding areas will finally be open, but,...