Here at Chris Rudd Solicitors we can assist anyone who has a motoring related offence that needs specialist advice. The first 15 minutes of advice are free, so please give us a call on 01925 351 350 so we can discuss your case.
Dangerous driving is the most serious road traffic offence a motorist can face, when it is not fatal.
If charged with dangerous driving, you could be facing severe penalties, including imprisonment.
Dangerous driving is driving in a manner unlike a competent and careful driver. To give you an idea of what that includes, please see the list below:
- Ignoring road signs
- Dangerous overtaking
- Driving aggressively
- Excessive speed
- Using a mobile phone or using other distractions whilst driving
- Driving a vehicle when you know it has a dangerous fault.
Our law requires all drivers to be competent and careful when driving. If you fall far below that standard, you will likely be charged with dangerous driving. And, depending on the severity of your offence, you could face up to two years in prison.
You could also face a driving disqualification for a minimum of 12 months – there is no restriction on disqualification here.
If your case is heard at a magistrate’s court, it will be different. Your penalty may be a fine of up to £5000, six months in custody, or both.
If you get disqualified, you will also be required to take an extended re-test. You will not be allowed to drive again until you pass that test.
It is also important to note that dangerous driving here is a separate offence to death by dangerous driving.
Drink & Drug Driving Offences
If you are caught driving under the influence of alcohol or drugs, you could be facing serious penalties.
Most people have some idea of the penalties for drink driving, but fewer people know about consequences of driving under the influence of drugs.
If the police have stopped you, they may have asked you to provide a specimen in order to find out if you are over the limit. And, if you refuse or are unable to do so, you could be charged.
You might have been found to be drunk in charge of a motor vehicle. If so, your case is probably that you were found in a car, over the limit, and there was a reasonable chance you would try to drive.
The law on this is not exactly black and white, however; there is a chance you could be charged if you get into your car to retrieve some belongings. Your intent may be different, but it comes down to the possibility of you attempting to drive.
You may also be charged if you have driven a motor vehicle while over the limit, in a publicly accessible place. As is the case with driving while under the influence of alcohol, there are similar consequences to being charged with driving under the influence of drugs.
Careless driving, or driving without due care and attention, is a serious offence and can lead to ban. Examples of careless driving may include:
- Messing with the radio or sat nav
- Reading something such as a map
- Eating or drinking while driving
- Driving aggressively or with excessive speed
- Tiredness when driving or driving when unwell
- Not giving way when appropriate
- Swerving across lanes
If charged with driving without due care and attention for non-serious issues, you will receive a Fixed Penalty Notice. This is just a document that starts the prosecution against you for certain motoring offences.
Whatever you choose to do from receiving your FPN, pleading guilty or not, you should still seek legal advice to make sure you are taking the best course of action for your situation. You need to consider the potential for a totting up ban, in case you have accrued 12 points or more on your licence.
If you’ve only recently passed your test (in the last 2 years), your licence could be revoked with just 6 points and you will have to pass a retest at the end of your ban before your driving licence is returned to you.
If you are caught speeding, the minimum penalty is a £100 fine and 3 points added to your license. Although, in certain circumstances the police may agree that you go on a speed awareness course.
It may have been a police patrol or static camera that caught you speeding. If you were caught by a camera, you should receive a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days. And, you will need to return the Section 172 notice within 28 days. After that, you will receive a Fixed Penalty Notice.
If you were stopped by police, you may be given a Fixed Penalty Notice (FPN), or you may be sent one after being stopped. Once you have your FPN, your case will proceed with your plea of guilty or not guilty.
You should seek legal advice as early as possible if you are concerned about losing your licence. So, you can call us on 01925 351 350 if you’d like to discuss your case.
Driving Licence Penalty Points & Totting Up Bans
A totting up ban is when you get 12 points on your licence, or penalty points, for motoring offences within a period of 3 years. These offences can be careless driving, lack of insurance, or speeding. But, most motoring offences can result in penalty points. When these penalty points add up, it can lead to a driving disqualification, or ban.
Your driving ban may last from 6 months up to 2 years, but this is dependent on how serious the offence is and if you have had any previous offences. Accumulating 12 points or more may lead to the following lengths of ban:
- 6 months from 12 penalty points in 3 years, without any previous disqualification. If a ban is to be imposed 6 months is the minimum period of ban
- 12 months, from a second disqualification in 3 years
- 2 years, from a third disqualification in 3 years
If you have passed your test in the last 2 years, you are classed as a new driver. For new drivers, the penalty point limit is only 6 points, not 12. So, if you are a new driver and accrue 6 or more penalty points, your license will be revoked. You will have to pass a retest at the end of your ban before your driving license is returned to you.
Driving bans can be confusing and overwhelming. This area of law is complex and highly technical. Because of this, it may be difficult for you to challenge a ban in person.
Chris Rudd Solicitors can help to clear things up for you. We can advise you on what will happen. We can also guide you through the process of challenging the ban if that is what you wish to do.
Get in Touch with Chris Rudd Solicitors
Here at Chris Rudd Solicitors we can give expert advice on penalty points, driving bans, and other motoring offences.
So, if you think you are concerned about losing your licences or getting a fine, get in touch. We will assist you in any way we can. The first 15 minutes of our advice is free, so call 01925 351 350 to see how we can help.