MOTORING LAW
DID YOU KNOW...?
Did you know it is still possible to keep your driving licence even if you have 12 or more penalty points endorsed on there? If you can argue that you would suffer exceptional hardship if disqualified then the Magistrates may agree simply to add points to your licence over and above the 12 point totting figure and allow you to retain your licence.
Have you ever seen a driver trying to manoeuvre out of tight parking space and in doing so bump the car behind? Did you know that driver could be charged with an offence of failing to report an accident and that the maximum penalty for such an offence is 6 months imprisonment.
Ever returned home after a night out only to find you have been locked out the house? Do not be tempted to climb in your car and switch the engine on to warm yourself up as you could be charged with being drunk in charge of a motor vehicle. Such an offence could lead to a disqualification and a 3 month prison sentence.
Never think that by refusing to provide a breath specimen you will avoid being charged with any offence. If you fail to provide a specimen of breath for analysis the guideline penalty for sentencing is a 2 year disqualification. It is possible to avoid a conviction if you can argue you had a reasonable excuse for failing to provide, for example, a medical condition.
Did you know if you reasonably rely upon someone’s assertion that you are insured to drive their motor vehicle before getting behind the wheel of their car and it then turns out that no insurance policy is in place it is possible to argue that there is a special reason for not endorsing your driving licence. If you can successfully argue a special reason then the Magistrates may not endorse your driving licence with penalty points and in turn cannot consider disqualifying you.
If you are a disqualified driver then you should not drive any “mechanically propelled motor vehicle” during the course of the disqualification period otherwise you will face the more serious offence of driving whilst disqualified. A person steering a car whilst another person pushes the vehicle is driving. A motorcyclist sitting on his machine and propelling it along with his feet is driving but he is not driving if he walks beside it pushing it. A person sitting in the driver’s seat of a car, stationary but with the engine running was found to be driving.
Did you know that if you get 6 or more penalty points within 2 years of passing your first driving test in Great Britain (the probationary period) you will lose your licence and in order to get your full licence back you must (a) get a provisional licence; (b) drive as a learner; then (c) pass the theory and practical tests again. The total number of penalty points on your licence include any you received before passing the test.
Did you know if you hold an EU driving licence you are permitted to drive on this licence for three years whilst you are resident in the Great Britain. After three years you will need to exchange your licence for a GB licence.
If you require any advice relating to Road Traffic offences or any other criminal offences leading to attendance at the Police Station or appearances in Court then please contact Tracey Watson a solicitor at Jacobs & Reeves, 329 Ashley Road, Parkstone, Poole, Dorset BH14 0AP. Telephone number 01202 731849.
For more information contact Jacobs & Reeves http://www.jacobsreeves.co.uk
