Road Traffic Offences Solicitors

The car has become an integral facet of modern life. People use it to get to and from work, to take the kids to school, and to do their weekly shopping. Being without a car for one or two days while it is being repaired can lead to difficulty for some, but for others it can turn their lives upside down. A daily commute can become impossible, while travelling for work would be unfeasible. However, this is the reality that some people face if they are disqualified or banded from driving.

There are many road traffic offences that a person may be penalised for. These can range from those with a relatively minor penalty, such as jumping a red light to a minimal speeding offence, to those that carry automatic disqualification and even prison sentences, such as causing death by dangerous or reckless driving.

The majority of offences not only carry the potential for a financial penalty, but the issuance of penalty points onto a driving licence. Once a driver reaches 12 points, they should be disqualified from driving under the totting up procedure. There are exceptions, such as when it is possible to show that a person would suffer from extreme hardship if they were to be disqualified but this means that every offence carries the possibility of a driving ban.

The array of tools at the police’s disposal continues to increase. Cameras at red lights, on dangerous stretches of road, and that are deployed by mobile units not only record information but can automatically detect number plates and send a penalty notice through the mail. However, these systems are not infallible, especially when they require the intervention of people, who are still prone to making mistakes, and this means that a charge can be successfully challenged in some cases.

Whether you rely on your car for work, or you appreciate it for the convenience that it brings, if you have been accused of committing any of a number of motoring offences, contact Ashcott Solicitors today and we will determine your best option, build a defence, and represent you in court to try and ensure that you receive a fair result.

Road traffic offences – Questions We’re Often Asked 

What constitutes a road traffic offence? 

There’s a wide variety of driving offences that might constitute a road traffic offence. These range from relatively minor offences, such as ignoring road signs, to serious offences such as racing, drug driving and driving aggressively. Just how serious an incident will be considered in a court of law depends largely on the circumstances in which the offence took place. 

For example, if a death were found to be caused by an unlicensed, disqualified, or uninsured driver (Section 21, Road Safety Act 2006) the penalty would be up to 2 years in prison, potentially an unlimited fine, and disqualification from driving for a minimum of a year.

However, if the court found that death to be a murder, that could result in up to life imprisonment and disqualification from driving for a minimum of two years. As a result, it’s imperative that your case is argued exactly as it happened, so that you aren’t found guilty of a crime you didn’t in fact commit.

Classifications of road traffic offences

Road traffic offences tend to come under three fairly broad brackets. Each offence could include a wide variety of actions:

Dangerous driving

Dangerous driving as an offence comes under section 2 of the Road Traffic Act 1988. It’s committed when a driver is found to have significantly fallen below the expected standard of a competent, careful driver, and has done so in a dangerous manner.

Careless or inconsiderate driving

Careless driving as an offence falls under section 3 of the Road Traffic Act 1988. It is committed when a driver’s standard has fallen below that of a careful driver, although not necessarily in a highly dangerous manner.

Driving offences involving death

Driving offences involving death are varied, ranging from causing death by careless driving to murder. 

The exact circumstances in which the death occurs are incredibly important to get right, as the potential ramifications on the defendant are life imprisonment. Seeking the advice of a criminal defence lawyer in a timely manner is highly important, to ensure that nothing happens that could further harm your defence.

What should you do if you’ve been charged with road traffic offences?

With road traffic offences, it’s imperative that you seek legal advice as soon as possible. Road traffic accidents are common occurrences, and are often the result of accidents rather than careless or criminal behaviour. Whether you’re facing drink driving offences or otherwise, you’re going to need representation as soon as possible. 

That said, it’s often the case that individuals are charged with offences greater than the one they have in fact committed, making it increasingly important that a competent lawyer advises and ensures that a wrongful conviction does not result.

If you’ve been charged with a road traffic offence and need legal advice, call us now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).

You can also contact us via our contact form and we will respond to you as soon as possible.