Motoring Offences and How to Avoid Them

 Here we look at the various ways that the ordinary motorist can fall foul of the legislation in relation to various motoring offences.

On the basis that most drivers travel at least 10,000 miles a year, the opportunities for us all to find ourselves on the wrong side of a prosecution are boundless

What to do if you’re pulled over

The first rule if stopped by a police officer is to be polite. Asking a police officer if he or she hasn’t anything better to do is not likely to improve relations and if the officer feels that the issuing of a fixed penalty notice or reporting for prosecution is not absolutely necessary, the decision is much more likely to be favourable if the discussion has been amicable and respectful. Other phrases to be avoided are “you know who I am don’t you”, “why don’t you go and catch a proper criminal” and “I have already got nine points on my licence”.

Caught on Camera?

Many prosecutions now stem from offences detected by camera invariably speeding or failing to conform to traffic signals, often with little chance of talking your way out of them. However all police forces offer the motorist the opportunity to avoid prosecution by attending a course, not just to address the offences detected by camera but also cases of poor driving provided that there was no personal injury.

The offer of such a course should never be declined lightly, the cost is negligible compared with the risk of ultimate disqualification coupled with the increased cost of motor insurance on renewal when the conviction is disclosed.

Lancashire Constabulary guidelines on offering the speed awareness course have been relaxed and many motorists who otherwise would have been prosecuted will find that the course is offered to them as an alternative to a fixed penalty.

Contesting an Endorsement

Assuming that you have to accept your guilt and that an endorsement will follow, the acceptance of a fixed penalty – if offered – is usually the correct commercial decision – but there are important exceptions to that rule of thumb.

Firstly if the allegation is to be denied, then the case should be contested as strongly as possible in Court. Of course, lawyers’ fees will be incurred but the chances of acquittal will be enhanced by being represented – I would say that wouldn’t I!! Some clients labour under the misapprehension that in the event of it being the word of a police officer against the word of a motorist, the Court will always believe the police officer. Happily, experience shows that this is far from being correct. Many defendants are acquitted in those circumstances since the defendant has to be given the benefit of any reasonable doubt.

Secondly, there are many cases where a defendant is technically guilty of an offence but where the mitigating circumstances are so strong that the Court can exercise its discretion not to order an endorsement of the driving licence. Again a specialist motoring lawyer is the best person to advise whether or not such “Special Reasons” (as such cases are called) exist. Such an argument can be put forward – if the evidence justifies it – for every motoring offence carrying endorsement, including drink driving offences.

Disqualification and Totting Up

For most of us, the prospect of being disqualified from driving is quite devastating. Some offences of course carry automatic disqualification upon conviction, although again instructing a solicitor is recommended either to argue “Special Reasons” or to ensure that disqualification is kept as short as possible. However, many disqualifications stem from what is called the “totting-up” procedure when a motorist has acquired 12 penalty points or more within a 3 year period. On such occasions, you can try to avoid disqualification by arguing what is called “exceptional hardship”, a concept often misunderstood by lawyers and laymen alike. The most obvious example is the possibility of loss of employment stemming from the loss of a driving licence but it is a common misconception that this alone is enough. I am always amazed when defendants choose to attend Court unrepresented in those situations only to find that their idea of what constitutes exceptional hardship does not correspond with the interpretation of the Court. Perhaps it is fear that the cost of instructing a solicitor will be prohibitive, but an outlay of a few hundred pounds can often be very worthwhile indeed. Any reputable solicitor will be more than happy to give an estimate of the costs involved giving you the opportunity to make a sensible commercial decision.

And Finally

To sum up, if there is a flaw in the prosecution case, a competent motoring specialist will spot it and advise you accordingly. Loopholes in the law are rare indeed but there are very many cases where the skilful presentation of a motorist case can result in a favourable outcome hopefully with the motorist saying that his solicitor’s fees represented money well spent.

Michael leach is the Specialist Motoring Offences Solicitor at Vincents, for further information or advice on all aspects of Motoring Offences you can contact Michael 24/7 on 01772 659 000 or email michaelleach@vslaw.co.uk
www.vincentssolicitors.co.uk