
Many of us cannot imagine a situation where we will appear before the
criminal courts. For most, it is this country's road traffic legislation
that brings us in to contact with the police and the criminal justice
system.
Often the difference between Disqualification and retaining your license can
be the quality of legal representation. This is the reason why many who face
this possibility retain the services of experienced Magistrates Court
advocates to represent them privately. We offer this option for dedicated,
skilled and expert legal advice and advocacy. This can make the difference
if you depend on your license for your livelihood.
Excess Alcohol: If you are convicted of
driving with excess alcohol, disqualification for a minimum of twelve months
is mandatory. .
Speeding: Most speeding offences attract
between three and six penalty points; however, speed in excess of thirty
miles above the speed limit will risk disqualification.
Driving whilst Disqualified: The imposition of
a driving disqualification is regarded by the court as a serious matter.
Driving whilst disqualified will often lead to a custodial sentence.
Death by Dangerous Driving: This is a matter
which can only be tried at the Crown Court. The maximum penalty on
conviction is 14 years imprisonment. Disqualification for a minimum of two
years is mandatory, together with an extended re-test.
Corporate Offences and Liability: Corporate
bodies need to be aware of the possibility of being held vicariously liable
for the activities of their employees. It is advisable to have clear
policies in place to reduce the risk of incurring liability for employees'
transgressions.
Use of Mobile Phones: It is an offence to use
a hand-held mobile phone whilst driving. A device is to be treated as
hand-held if it is, or must be, held at some point during the course of
making or receiving a call or performing any other interactive communication
function.The current law includes an offence of “causing or permitting” a
driver to use a hand-held phone while driving. This offence is punishable by
the imposition of three penalty points upon your driving licence and a fixed
penalty of £60 (up to a maximum of £1000 for private vehicles and £2500 for
commercial vehicles if the matter is unsuccessfully challenged at Court).
Inquests: Where death occurs in a road traffic
incident, a summons may be issued to potential witnesses to attend the
inquest. We can arrange for you to be represented in the event that you are
summonsed to attend an inquest.