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Motoring Offences Don't Always Mean Heavy Penalties
Author : Jamie Lyons
There are numerous laws and regulations governing all aspects of motoring, and due to the multitudinous dangers associated with driving, they are rigorously enforced. Penalties for contravening certain motoring laws are severe and can even result in a prison sentence in some cases. There are, however, ways and means of circumnavigating the law to avoid the full penalty for committing offences. Three examples are outlined below:
Use of a Mobile Phone While Driving
Since December 2003 it has been a criminal offence to use a mobile phone whilst driving unless operated via a hands-free device. As this law has been in place for more than six years it is now almost universally acknowledged and accepted. That does not however stop this law from being regularly contravened. Although the law stipulates that it is an offence to make or receive a telecommunication whilst using a hand held telephone whilst driving, there are somewhat grey areas with regard to the legality of using a mobile phone in a manner other than to communicate whilst driving: as exemplified in the Jimmy Carr case (where his phone was legally used whilst driving as a dictation device!) There can often be uncertainty as to what amounts to a 'telecommunication' or when a phone is actually 'hand held'. Similarly other exceptions to the law exist in situations deemed 'emergencies'. Unless the driver admits the offence, it is often difficult for the police to prove that the motorist was holding a phone, as opposed to an ipod, a bluetooth earpiece or, in one recent case, a black pudding!
Speeding
Speed cameras are the bane of many a motorist's life. Their unscrupulous and unforgiving capture of those travelling mere single digit increments above the stipulated speed limit is responsible for the issue of multiple millions of pounds worth of fines every year. Speed cameras are proven to reduce the incidence of accidents in many circumstances and similarly help to generally prevent motorists from exceeding speed limits. Conversely, the process undertaken from the flash of the camera through to the issuing of a penalty notice is quite convoluted and on a number of occasions standard protocol is deviated from, thus rendering the charge invalid if contested. There are around 50 different types of speed camera, including radar and laser devices, and all have detailed rules regulating how they should be operated. A breach of these rules by the police can invalidate the speed reading.
Drink Driving
Preventing drink driving has been a priority for the powers that be for many years. The diminished reactions and concentration synonymous with inebriation have been responsible for countless accidents, casualties and deaths. As a consequence of the severity of the offence, the law is very strict on those found guilty and a driving ban is a highly probable conclusion to being found guilty. As with the case of motorists charged with speed camera offences, the procedure involved for charging a motorist with drink driving offences is fraught with red tape. From inconsistencies on the part of the charging officer, through to lack of lucidity in results or the provision of evidence, an initial charge of alcohol related motoring offences does not necessarily lead to a conviction.
If, however, you are unfortunate enough as to find yourself facing a penalty notice or summons, there are specialist motoring offence solicitors available to help minimise the impact on your life. They will try to find loopholes, irregularities and breaches in the evidence in order to have the case dismissed.
Author's Resource Box
Written by Jamie Lyons. On behalf of Speeding Solictior: The UKs number one motoring offence solicitor.
Article Source:
Articlebliss
Tags: motoring offence solicitor, motoring offence solicitors, drink driving, driving, motoring, law
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Submitted : 2010-02-21 Word Count : 1 Popularity: 165