January 19, 2021

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Motoring Offenses and How to Avoid Them

Motoring offenses are the acts of lawbreaking committed during the driving of automobiles and while nobody in their senses wants to break the law, these offenses are quite common and can happen to even the most law-abiding citizens.

In the United Kingdom, there are many laws regarding driving offenses. Some of the driving offenses are quite minor like speeding and can be dealt with on the road by the officer, but some of the offenses are major and can lead to prison sentences, and to avoid them you will need reasons or find a solicitor for you that has specialization in this field. You can contact JHR solicitors if you are in need.

In this article, we will shed some light on what types of motoring offenses are and how to avoid any ban if you fall into an offense.

Types of Motoring Offenses

There are many different types of motoring offenses, many of which have their own particular defenses and considerations. Whatever type of offense you are dealing with, we can help – contact us to discuss your case.

There are two types of motoring offenses.

Minor Offenses

These are the offenses like low-level speeding, or using a cell phone during driving and can be dealt with Fixed Penalty Notices (FPN).  These are not serious offenses and you have to declare these to your insurance providers.

Major Offenses

These are the offenses that can lead to serious consequences and you should definitely have legal aid alongside you because these offenses will be dealt with in a magistrate’s court and the magistrate will consider your driving record and the circumstances surrounding the event. I f you are facing any kind of offense, contact us to discuss your case.

Now we will further elaborate on some of the most common offenses, along with their penalties.

Speeding

 It’s the most common motoring offense and one that can result in a £100 fine and three penalty points on your license. It can happen mostly due to confusion regarding a newly-imposed speed limit.

If you were caught doing more than 30mph over the limit (for example, 105mph on a motorway) or speeding in a residential area then the court will consider disqualifying you.  A ban is not compulsory though, and if your mitigation is presented professionally, you might well escape with penalty points.

Using Cell Phone while driving

Using a mobile phone behind the wheel is a minor offense but also can be considered as dangerous or careless driving resulting in a court appearance, which might lead to a driving ban or a fine of up to £1,000.

However, if you are using a mobile phone connected to an approved ‘hands-free’ device then it’s perfectly legal but you should avoid using your mobile phones at all to remain on the safer side.

Failing to provide a specimen

Failure to provide a specimen during a roadside breath test or at a police station if you are suspected of driving under the influence of drink or drugs is an offense, which is treated as seriously as driving whilst under the influence of alcohol.

Failing to identify the driver of a vehicle

If you are not providing the correct information or withholding the correct information when the police write to you about an offense that you witnessed, then you are committing a driving offense. You can get up to six penalty points but there are a number of defenses to this offense like you did not receive the notice. You should consider taking legal advice on the matter of deciding how to plead.

Careless driving/driving without due care and attention

This offense covers a wide range of incidents from showing poor lane discipline on the motorway to swerving while changing the radio station and it depends on all of the surrounding circumstances. It is a matter for the magistrates to decide on a case by case basis. You can be fined up to the unbelievable amount of £2,500 and/or a driving ban.

It is really hard to find out the guilty person as there is more than one person involved in an incident of careless driving. Please get in touch to discuss your case if you are convicted of the aforementioned offense.

Causing Fatality by dangerous driving

If you’re involved in a crash caused by your reckless driving and are found to be responsible for the death of a person, you could be prosecuted for causing death by careless driving. You can end up having a driving ban, a hefty fine, or a prison sentence of up to five years. So that makes it extremely essential to consult a solicitor at the earliest opportunity.

Driving without insurance

I f you are driving a vehicle without insurance then the police can charge you a roadside penalty of £300 and six penalty points on your license. It can also happen unconsciously due to the reason that a policy may have lapsed and you didn’t know about it.

Driving whilst disqualified

If you’re caught driving after a ban was imposed on you, the court will take this offense very seriously because it is a breach of a court order. You will be further disqualified and you can also expect a short prison sentence.

You should therefore consider having professional mitigation at court so that your version of events is properly explained, and the fair sentence imposed.

How to Avoid Any Penalty Points or a Ban?

  1. Exceptional Hardship 

Exceptional hardship cannot be used to avoid a ban for offenses that carry a mandatory disqualification themselves, but they can be used by those who have got 12 or more points on their license within three years to prevent the usual mandatory disqualification

  • Special Reasons

These can be used with most motoring offenses to avoid penalty points or a ban. There is no complicated list of special reasons, but examples can be found in prior court decisions. A special reasons argument can be successful depending on the facts of the case and the nature of the offense.

  • Discretionary Ban

A discretionary ban can be used sometimes by those wishing to avoid a standard ban which is usually longer than a discretionary ban.