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This short note gives a basic outline of the main points of road traffic law.

Penalty points and “totting up” disqualification

For many road traffic offences the court must endorse the defendant's driving licence with penalty points.

Where a person is convicted of an offence that carries endorsement with penalty points and the penalty points to be taken into account on that occasion number 12 or more then the court must order the defendant to be disqualified for not less than the minimum period. The penalty points to be taken account are those imposed during the three years preceding the commission of the present offence.

The minimum period is 6 months if the defendant has no previous relevant disqualification A relevant disqualification is one of more than 56 days imposed within the previous three years for "totting up"

If the defendant has a previous relevant disqualification the minimum period is 12 months. If he has 2 previous relevant disqualifications the minimum period is 2 years.

Avoiding disqualification under "totting up"

If the court finds that there are mitigating circumstances the court may order a disqualification for a shorter period or may order no disqualification at all.

In finding mitigating circumstance to reduce disqualification or not to disqualify the court must not take account of:

• any circumstances that are alleged to make the offence or any of the offences not a serious one;
• hardship other than exceptional hardship;
• any circumstances which, within the three years immediately preceding the conviction, have been taken into account in ordering a shorter disqualification or no disqualification.

The most common reason for reducing disqualification or for not disqualifying is that to disqualify would cause exceptional hardship. Before a court may exercise its discretion it must usually hear evidence. It follows from this that it is possible for an experienced advocate to put forward a convincing case to the court such that the court decides to reduce the disqualification or not to disqualify. The court will often not just accept hardship to the defendant alone although this is arguably not a proper approach by the court.

Expert representation in court is essential.  To instruct us please contact Tony Wilkinson on 0115 8525813.

Disqualification from driving

If a person is convicted of some offences the court is required to disqualify from driving.

These offences include:

• causing death by dangerous driving
• causing death by careless driving whilst under the influence of drink or drugs
• driving or attempting to drive whilst under the influence of drink or drugs
• driving or attempting to drive with excess alcohol in breath, blood or urine
• failing to provide specimen for analysis

Excess alcohol

Penalty – Disqualification of at least 12 months plus a fine, community penalty or prison.

A person pleading guilty to or convicted of driving with excess alcohol must be disqualified from driving for at least 12 months. If it is that person’s second conviction for that offence within ten years he or she must be disqualified for at least 3 years. If the court finds that there is are special reasons for so doing the court may disqualify for a shorter period or not at all.

A special reason is one connected to the offence and not the offender. A special reason must fulfil the following criteria:

• It must be a mitigating or extenuating circumstance;
• It must not amount in law to a defence to the charge;
• It must be directly connected with the commission of the offence;
• The matter must be one that the court ought properly to take into account when imposing punishment.

The type of circumstances taken into account can be driving a very small distance, medical emergencies or “laced” / “spiked” drinks

Rehabilitation

Where a person is convicted of:

• causing death by careless driving when under the influence of drink or drugs;
• driving or being in charge of a vehicle when under the influence of drink or drugs;
• driving or being in charge of a vehicle with excess alcohol or
• failing to provide a specimen of breath

and the court disqualifies from driving for not less than 12 months the court may make an order that the disqualification be reduced if the defendant attends an approved rehabilitation course. The reduction shall be not less than 3 months and not more than a quarter of the disqualification. Therefore a 12 month disqualification is reduced to nine months.

Not guilty plea

In many cases people will have no choice but to enter a guilty plea.  However, there are some cases where a not guilty plea should be entered to test the prosecution case and put forward defences to the charge.  The breath test procedure may not have been followed properly or there may be problems with the blood or urine samples.  In cases such as these we will instruct a forensic scientist on behalf of our client.  If a person has drunk alcohol after they stopped driving but before they were breath tested forensic evidence can be used to calculate what the reading was when they were driving.  The reading may well be below the legal limit allowing the client to be found not guilty.

Expert representation in court is essential.  To instruct us please contact Tony Wilkinson on 0115 8525813.

Failure to provide information concerning the driver

Penalty – Endorsement with 6 points and a fine

When a car is recorded committing an offence, e.g. travelling at a speed greater than the speed limit or going through a red traffic light, the police are entitled to request information about the driver.   They usually send a notice of intended prosecution to the registered keeper and a request to give details as to the identity of the driver.  The duty on the registered keeper is to “ give such information as to the identity of the driver as he may be required to give.”

In our view it is important to complete the form with as much information as the registered keeper has available and return it within the specified time.  It is never sensible not to return the form.  There are very technical arguments concerning the admissibility of an unsigned form but anyone submitting an unsigned form should be aware that they will have to be prepared to go through a not guilty trial where, of course, there is no guarantee of success.

Expert representation in court is essential.  To instruct us please contact Tony Wilkinson on 0115 8525813.

Speeding

Penalty – Endorsement with 3 – 6 points / disqualification and a fine.

This is probably the most common Road Traffic offence.  There are defences to this charge usually based on the accuracy of the equipment and the way it has been used.  These arguments are very technical and the appropriate scientific evidence has to be used to challenge the police case. 

Very fast speeds can attract a disqualification.  The court can be persuaded away from this where it would have a disproportionate effect e.g. lead to loss of employment.

Expert representation in court is essential.  To instruct us please contact Tony Wilkinson on 0115 8525813.

Representation at court and our fees.

Advocates at Young&Pearce are experienced in dealing with such cases throughout England and Wales and therefore we can advise on what the chances are of avoiding disqualification. We can also put together a convincing case to present to the court.

Our average charges for this work start at £450 plus VAT (£528.75 inc vat) for cases in Nottinghamshire. We can organise representation in all courts in England and Wales or attend ourselves depending on the client's requirements. This necessarily incurs extra charges.

Written guilty plea – There may be no need for us or you to go to court.  In these cases we will set out your case in writing for the court. £120 plus VAT (£141 inc vat).

Representation on a guilty plea – including arguing against disqualification: From £450 plus vat (£528.75 inc vat).

Not guilty plea – it is difficult to give a figure until all the details of the case are known.  Trials are often complex and time consuming in terms of advocacy and preparation. Our fees start at £1000 plus vat (£1,175 inc vat).

These figures do not include the additional fees charged by experts e.g. forensic scientists.

It is our practice to ask for the payment of our fees before we attend court. 

To instruct us please contact Tony Wilkinson on 0115 8525813 or 0115 9598888.