There are a wealth of driving offence solicitors offering their services today. Some of them may be dedicated to only handling driving offences, whereas for others, it may be part of a wider legal practice. All of these solicitors should have some similar traits – in terms of the motoring offences which they will handle. So what are the typical offences which you would go to a driving offence solicitor for?
The most common driving offence is unsurprisingly speeding! It’s fair to say that a quick Google search of “how to beat a speeding fine” returns a large number of websites, each purporting to guarantee a way to beat speeding offences. The reality is that it is not that simple! There are a number of factors to consider – normally, these stem from how the evidence of the alleged speeding has been deduced. For example, the equipment used to detect the speeding may be faulty, or there was not clear or adequate signage to warn of the speed limit.
There are other factors such as not being informed within a certain specified time period. Drivers should also be aware that the current minimum penalty that can be imposed for speeding is 3 points. There has also been a recent change in the law in the UK, which specifies the maximum financial penalty which can be imposed with a speeding charge – this varies from 50% up to 150% of a person’s net weekly income based on the circumstances.
The second most common driving offence is drink driving – otherwise known as driving under the influence. The issue of drink driving is a serious issue, especially considering it involves drinking alcohol, and the courts have been quick to disqualify, or even imprison, drink drivers. One thing to remember is that disqualification, whilst being the usual recourse of action, is not always inevitable. Seeking an experienced motoring offences solicitor is likely to be the best way forward.
There are again a number of factors to consider – as with all motoring offences, the correct procedures need to be followed by the officers, and this can sometimes be an area where mistakes can be made. Remember that whilst even the best motoring offences solicitor may not be able to win a legal case, they may be in a better place to reduce the length of sentence in place. It is also important to know that although custodial sentences are not the norm for first time offenders, it is possible to be jailed depending on the seriousness of the driving offence.
Using a mobile phone
The rising popularity of mobile phones, means that the next offence – driving whilst using a mobile phone – has become more and more prevalent. The general rule with regards to driving whilst using a mobile phone is that the phone must be in a handheld state for a driver to use their phone without being caught. There have been controversial decisions within the UK courts about how this has been applied and so the actual case law on this area is not fully clear. What is clear however is that if you are deemed to be “distracted” or “not in control”, then the police are able to make the decision to arrest. The current penalty, as of March 2017, is now a fixed fine of 200 with a 6 points penalty.
There are a number of other driving offences to consider and only a select few have been discussed above. Other offences include driving without insurance, under the influence of drugs, careless or dangerous driving, or with 12 or more points on your licence. In every scenario, it is normally advisable to seek expert advice from an experienced motoring offence solicitor.
M & A Solicitors are one of the UK’s most respected specialist criminal practices, based in York. Founded in 2002 by Damien Morrison, they have grown into leading criminal experts and have a team of dedicated legal experts, all with a minimum of at least 5 years experience. All solicitors at M & A Solicitors are qualified as a Court and Police Station Duty Solicitor. M & A Solicitors has experience in a wide variety of criminal matters including criminal, regulatory, immigration and road traffic matters.