Numerous of the more harsh driving offences can result in your licence being revoked or you could cause a serious fine or prison sentence depending on the strictness of the offence. If you are bothered about losing your licence, you should attempt our service – this provides you legal advice and defence if you are facing a prosecution over a driving offence. It can even offer you with a monthly profit if you are banned from driving.
The speed limit higher than is likely to product in a speeding fine of £100 as well as a fixed penalty notice. Though, the fine for this can differ, for instance, go over the speed limit by 30mph or more, and you are to be expected to face considerably tougher penalties. Depending on your offence, you may be capable to keep away from your penalty points and fine by captivating a speed consciousness course.
A driver will be alleged with drunk driving if they are trapped behind the wheel or established in charge of a vehicle with a large amount alcohol in their system. Note that drink driving offences wrap more than just driving under the pressure – you could be accused for a drink driving offence if you are sitting in the car with the keys, or if you decline to acquire a breath test when asked to do so, by the police..
Not careful driving can be districted as either driving without due care and awareness or driving without sensible consideration for other road users. You can be charged with careless driving without producing an accident or injury, but you are likely to face a more serious charge if you do. The more grave offences, such as causing death by careless driving, can outcome in a banning from driving and a extended prison sentence.
Dangerous driving is commonly defined as the kind of driving that any capable driver would be familiar with as reckless and dangerous. It can also comprise driving a vehicle that is in a dangerous condition, even if the person after the wheel was driving in a safe way.
Utilizing a mobile phone can be very disturbing whilst driving, which is why it is illegal to assemble or collect a phone call behind the wheel, if not you are by means of a hands-free device. However, you can be charged with a mobile phone offence if you do anything with your phone while the engine is loping, even if the vehicle is motionless.
Road rage is not a exact offence under UK Law, so it fluctuates from other road traffic offences in that it is improbable to result in penalty points or a ineligibility from driving. Though, this will depend on the way in which road rage is uttered – if road rage sourced a road user to attack another, they could face an assault charge.
Notice of Intended Prosecution
If the police think that they have trapped you executing a road traffic offence, they must give you a Notice of Intended Prosecution (NIP).
Under Section 1 of the Road Traffic Offenders Act 1988, you must be informed via an NIP that you may be put on trial for any of the following offences:
- Dangerous driving
- Careless and inconsiderate driving
- Leaving a vehicle in a dangerous place
- Dangerous cycling
- Careless and inconsiderate cycling
- Failing to conform with the indication of a police officer when directing traffic
- Failing to comply with a traffic sign
- Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984
- Exceeding speed restrictions on a special road
- Exceeding temporary speed limit imposed by order
- Speeding offences generally
This can be conversed orally to you at the sight of the so-called crime, or it can be posted or served to you. If it is subjected to you after the incident, it must be done within 14 days.
If you do not obtain it within 14 days, this will usually stop the police from prosecuting you for the suspected offence. However, there are exceptions to this rule. For instance, if the police could not have practically established the information to convey the NIP to you within the 14-day period, or if the NIP did not arrive at you on time due to the police not containing your current address, they may still be capable to prosecute.
When you attain the NIP, you will be expected to identify who was driving the vehicle, then sign and come again it within twenty-eight days. It is suitable that you do so, if not you do not recognize who was driving the car at the time for example, if you sold the car but it is still register to you.
The police do not need to prove that a crime was executed to send out an NIP, and previous objections to the NIP have recognized that signing and returning the NIP does not strength the driver to unjustly lay the blame on him or herself.
You should also put up with mind that failing to return the NIP is likely to be construed as failing to supply driver information, an offence, which can consequence in six penalty points and a fine of up to £1,000. This could be a more strict penalty than if you were originated guilty of the original offence.
Appealing Against a Conviction
You are capable to appeal against a conviction in the Magistrates’ Court one of two ways either by appealing to the Crown Court, or by appealing to the High Court by way of case stated. The distinctions between the two choices recount to the approach that will be engaged to your appeal. Appealing to the Crown Court means a retrial, where your case will be attended again before a Judge and two Magistrates, as although the first trial had not taken place. On the other hand, if you grasp your case to the High Court, this engages a hearing, which will struggle to set up whether the Magistrates Court prepared an error during your original trial, applying the law wrongly or acting outside of their jurisdiction.
Stage when you can appeal
It is to be known that you cannot appeal against your hearing unless you have good reason to consider that you can demonstrate that the conclusion of the trial should have been different. You cannot appeal against a ruling just because you differ with it, or think that it is unjust. A failed appeal could spot you obtain a harsher sentence than that which you were formerly given.
It is attempting to tell the distinction between a good potential appeal and a bad one can be difficult without legal advice, so you should search for assistance before you commence your appeal. A road traffic solicitor will be talented to advise you as to whether you might have a possibility to knock over your assessment.
You necessitate filing your appeal within twenty-one days of the verdict or you may find it challenging. It is still viable to appeal once this deadline has passed, but you will require obtaining special permission to do so.
How to prepare your appeal?
It is necessary that you arrange appropriately for your appeal hearing as it can be more difficult than the Magistrates Court and there is more at stake. The proceedings are more official and it is likely that you will be going up against specialist Higher Court advocates representing the prosecution.
You should also make a note of that you would be legally responsible to pay the Prosecution’s costs if you lose your case which, once you have engaged your case to the Crown Court or High Court would be a very significant sum.
Fixed Penalty Notices
If you perform a minor driving offence, you may be issued with a Fixed Penalty Notice (FPN) as an alternative of being summoned to court.
An FPN consists of a fixed penalty naturally a £100 fine and three penalty points but will spare you the cost and problem of having to go to court. Penalties range from a £50-£300 fine and 3-6 points on your licence, depending on the strictness of the offence and whether the FPN is endorsable or non-endorsable.
To issue an FPN is up to the discretion of the police officer, and they are under no commitment to offer one in lieu of having you summoned to court. You do have the choice of demanding the FPN, but keep in mind that this will necessitate you to move to court. If you are still convicted, you are likely to face a harsher penalty than if you had just accepted the FPN.