Motoring Offence Articles

High Court Rules Government Costs Scheme Unlawful

Hilary Kenway — Tue, 15 Jun 2010 17:49:06 +0000

In a Judgment issued on 15 June 2010, the High Court has ruled that an attempt by the Government to introduce a scheme designed to limit costs recovered by acquitted defendants is unlawful.

The scheme, roundly criticised for being unjust and unconstitutional, was intended to make savings of around £20m per year by ensuring that the costs that an acquitted defendant can claim back were limited to legal aid rates. This would have left many of our clients having to pay a substantial proportion of their legal costs even where they have been found not guilty.

However, in a Judgment following a challenge by the Law Society of the new regulations which can be found here http://www.bailii.org/ew/cases/EWHC/Admin/2010/1406.html, Lord Justice Elias has ruled that the Lord Chancellor did not have the power to introduce a scheme that sought to ensure that somebody falsely accused of a crime can be required pay from his own pocket to establish his innocence.

To see the BBC news article on the case, click on the link below

http://news.bbc.co.uk/1/hi/uk/10318753.stm

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Postal Strike Defence Confirmed

Hilary Kenway — Tue, 03 Nov 2009 17:44:47 +0000

The postal strikes will result in a significant increase in the number of cases where a defence used by Motoringlawyers.com for years is relevant.

The High Court has confirmed (29th October 2009) in a case relating to the 2007 postal strike, that a Notice of Intended Prosecution should be regarded as having been properly served where the notice was sent by 1st class ordinary post on a date that would normally lead to it being delivered within 14 days of the commission of certain offences, including speeding. Where the postal strike interferes with this process and results in the notice being delivered more than 14 days after the offence then it is an invalid Notice of Intended Prosecution and any prosecution for the offence involved should fail.

http://business.timesonline.co.uk/tol/business/law/article6898147.ece

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‘Close to 2m’ uninsured drivers

Hilary Kenway — Thu, 24 Sep 2009 13:20:23 +0000

‘Close to 2m’ uninsured drivers! As many as 500 uninsured vehicles are seized every day, say the Motor Insurers’ Bureau.

Parts of England with the largest number of uninsured drivers have been revealed in new research.

The worst offenders were in Greater London, Merseyside and Greater Manchester, with 13%, 12% and 10% of vehicles uninsured.
The penalties for “driving with no insurance” are 6-8 points and a fine of at least £200. Your licence will be in jeopardy if you drive with no insurance - it’s worth a phone call if you are prosecuted - we may be able to help.

http://news.bbc.co.uk/1/hi/england/8272054.stm

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Cycling plan to blame drivers for all crashes

Hilary Kenway — Mon, 21 Sep 2009 11:52:11 +0000

Ministers are considering a far-reaching change in the law in a bid to promote greener transport.

MINISTERS are considering making motorists legally responsible for accidents involving cyclists or pedestrians, even if they are not at fault. Very disturbing news for those who are not at fault for those invovled in an accident involving a cyclist.

A motorist is always is well advised to investigate all options relating to any prosecution as soon as possible with the aid of expert motoringlawyers.

http://www.timesonline.co.uk/tol/news/politics/article6841326.ece

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Many motorists are distracted

Hilary Kenway — Wed, 16 Sep 2009 07:18:20 +0000

A driving without due care & attention prosecution can result from a moment’s lack of attention - as confirmed by an RAC report.

The RAC advised motorists to set everything up before setting off and to get passengers to help. David Bizley, RAC technical director said it was important “in-car gadgets” are used appropriately.

http://news.bbc.co.uk/1/hi/uk/8258112.stm

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Proposals to give police power to issue driving fines condemned by magistrates

James — Tue, 01 Sep 2009 11:21:01 +0000

The plans that would allow police to issue on-the-spot fines for motoring offences has been heavily criticised by magistrates. Under these new proposals police would be able to give out fines for careless driving without the need for the courts to get involved.

However, John Thornhill, chairman of the Magistrates’ Association has spoken out against these potential rulings as he declared that driving carelessly is subjective and this would undermine justice.

Mr Thornhill said that in practice, police would be acting as the jury and sentencer if they were given the go ahead for these new proposals. Careless driving would be punished as a fixed-penalty offence and motorists would be given a fine and three points would be added to their licence.

Mr Thornhill is concerned that many people would pay up just to resolve the matter, without realising that this conviction would show up in future criminal record checks. He explained on the BBC Radio 4’s Today programme that the idea is “effectively saying that every case of careless driving is the same”.

He added:

“We have been investigating the use of out of court disposals, on-the-spot-fines for the last 12 months, and the evidence we have suggests that on many occasions, where the matter is serious police go for the easy option of the on-the-spot fine, because it’s done and dusted, dealt with there and then.”

At present, those suspected of careless driving are prosecuted in the courts, where there is a maximum fine of £5,000 and up to nine points can be imposed.

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LORRY DRIVERS BEWARE!!! - Driver CPC introduced to lorry industry

Hilary Kenway — Fri, 28 Aug 2009 09:04:04 +0000

A new qualification for all professional lorry drivers - the Driver Certificate of Professional Competence (CPC) – will be launched on 10 September by the Driving Standards Agency. New drivers entering the industry will need to pass the Driver CPC initial qualification exams as well as holding the relevant vocational driving licence. Those who hold a full licence to drive a lorry before 10 September will not be required to take the initial qualification examinations. However, they will need to complete 35 hours of periodic training by 2014 and every five years thereafter if they wish to continue driving professionally.

http://www.dsa.gov.uk/PressRelease.asp?id=SX829F-A7832654

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‘One in five’ young people uninsured

Hilary Kenway — Wed, 26 Aug 2009 09:36:13 +0000

Hundreds of thousands of young motorists across the UK are on the roads illegally because they don’t have any insurance. The penalty for driving without insurance is 6-8 points + a fine. 6 points in the first two years of a driving licence when a driver is in the “probationary period” means immediate revocation of the licence, the return to being a learner driver and thereafter a re-test.

New figures seen exclusively by BBC Radio 1’s Newsbeat programme show more than one in five 17 to 20-year-olds aren’t covered.

Most say it’s too expensive or they didn’t know it was a legal requirement.

Read the full article on BBC.co.uk

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MP’s call for foreign lorry crackdown

Hilary Kenway — Tue, 25 Aug 2009 15:53:41 +0000

MP’s have called for the Vehicle and Operator Services Agency (VOSA), the agency in charge of safety-testing lorries and buses, to be given extra powers to get unsafe foreign vehicles off the road. This follows a report by he National Roads Policing Intelligence Forum which indicates that foreign HGV drivers were often a danger, having circumstances reported of foreign drivers falling asleep.

Read the full article on BBC.co.uk

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100,000 speed fines in doubt

James — Wed, 08 Oct 2008 11:34:37 +0000

A motorist has had his speeding fine overturned after doubts concerning the method used to measure his speed were raised in court.

Motoringlawyers.com, acting for Clive Hague in Yorkshire, advised him to contest the fine when they showed that correct procedures had not been followed. These same procedures were used to issue 27 speeding tickets on the same day and the case calls into question 100,000 fines issued by South Yorkshire speed camera patrols every year.

Read the full article in the Sheffield Telegraph

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