When you commit an offence, you will receive an S172 request.
If you do not complete and return the request, you face 6 penalty points. There are two statutory defences in the road traffic act, S172(4) and s172(7)(b) RTA 1988. To satisfy the court, you need to show that you used reasonable diligence to ascertain the drivers identity, or that you have never received the S172 information request.
No insurance
Without valid insurance, you are presumed guilty no matter what your circumstances. Your driving licence will be endorsed with 6 â€" 8 points if you plead guilty or are convicted. Drivers are often unaware that their insurance provider has cancelled their policy and not told them.
It is possible to have success in court using a special reasons argument if you can show that you genuinely and honestly believed that you had insurance cover in place.
Speeding
Speeding carries 3 â€" 6 penalty points or a discretionary ban, a fine and court costs.
S89 Road Traffic Regulation Act 1984 contains the law on speeding offences.
To back up your defence you will require expert evidence if you are going to defend your speeding allegation successfully.
If you have been accused of speeding then don’t delay, seek professional assistance and make sure you get the best result that you can. Talk to Driver Defence Service for a no cost consultation about your speeding offence and find out the best way to proceed.
Drink driving
The legal drink driving limit is 35mg in breath.
A driving ban of 12 months is the minimum penalty for a drink driving conviction. The three defences for drink driving are that you were not the driver of the vehicle, you were not driving in a public place, or that you didn’t drink alcohol until after you had finished driving.
If you took alcohol without realising then you may also have a defence, or if you drove only a short distance, or it was an emergency.
Drunk in charge of a vehicle
To be convicted of being drunk in charge of a vehicle, the prosecution need to show that you were in fact above the legal drink drive limit and that you were the person in charge of the vehicle at the time. Demonstrating to the court that you had no intention of driving until you were below the legal drinking and driving limit is grounds for a defence of this allegation.
If you are found guilty then you face 10 points and a discretionary driving ban.
Mobile phone
To be guilty of using a mobile while driving, you have to be holding and using the phone. Courts have many different opinions regarding mobile phone offences and the law. Even if you are stopped in a jam, roadworks or stationary at a set of lights, it is still classed as driving and it is an offence to use your phone.
Driving without due care and attention
To be convicted of driving without due care and attention, it is necessary for the prosecution to prove beyond all reasonable doubt that the standard of your driving was not that of a careful and competent driver. Car park scrapes, bumps and dings as well as motorway undertaking are all examples of driving without due care and attention.
The police can offer a Driver Improvement Course for this offence as an alternative to prosecution.
Failing to stop/report an accident
If you are involved in an accident, you are under a duty to stop and exchange details if damage was caused to property, a person or another vehicle in accordance with S170 RTA 1988. You must report the accident to the police within 24 hours if you were unable to exchange details at the time of the accident.
If you go to court and are found guilty of failing to report or failing to stop then you face 5 â€" 10 points on your licence or a discretionary driving ban. It is possible to defend this allegation if you were not aware that you had caused damage and can demonstrate to the court that it would be reasonable for you not to know that you had been involved in an accident.
Dangerous driving
The standard of your driving has to fall far below what is required but also it must be obvious to a careful and competent driver that the driving is dangerous. This is a serious motoring offence and as such carries a minimum 12 months driving licence ban, which includes an extended re-test before you can drive again, as well as a possible prison sentence if your circumstances warrant it.
No licence
This offence is frequently misunderstood by drivers.
This offence depends on the conditions of your driving licence, for example, http://news.bbc.co.uk/1/hi/uk/503560.stm
if you have never passed a driving test and are not displaying L plates then the offence is endorseable. A non-endorseable offence related to no licence would be if for example the DVLA requested that you return your driving licence back to them and suspended your entitlement. ‘No licence’ is widely assumed to mean that your motor insurance is also invalid, but this is not correct.
Author Resource:
If you are being prosecuted for a motoring offence such as exceeding the speed limit and face having to defend yourself in court, the The Driver Defence Service provide a free consultation for all motoring offences. As specialist motoring solicitors, motoring law is their specialist field, and the only area of law that they deal with. This is what makes them respected experts in motoring law in the UK.
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