Motor Law Answers

I was caught speeding but it was a genuine emergency. Can I plead guilty but argue a special reasons defence? I received a distress call that a relative was seriously ill.

Firstly, it should be noted that Special Reasons is not a defence. It follows a guilty finding and is used to convince the Court not to impose a punishment because, whilst the offence has been committed, the circumstances were such that it would be wrong to impose a punishment.

In order for your Special Reasons argument to succeed, you will have to show that there was no alternative but to drive in the manner that you did and that your emergency must be “real, not nebulous, nor manufactured”. If it is anticipated, it is not an emergency and further you will have to show that the issue could not have been resolved by other means, for example, calling for an ambulance etc.

In some circumstances, a genuine emergency can amount to a defence of  “duress of necessity/circumstances” which would result in acquittal.

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I have been driving less than 2 years.  I went to Court and received 6 points but I was not told by the Court I could not continue to drive.  Can I carry on driving until I hear otherwise from the DVLA?

As you are subject to the New Drivers Act, your licence is revoked as soon as you reach 6 penalty points.  Although the Court did not spell this out for you, the licence is revoked with immediate effect so you should stop driving.  As with all such matters “ignorance of the law” is no defence.  Whilst the DVLA will write to confirm the situation, the reality is your licence is no longer valid.

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How do I find out if a calibration certificate for a speed camera has expired? I cannot afford the points on my licence and therefore want to know if there is a way I can avoid penalty points.

You are entitled to see the calibration certificate for a speed camera.  This should identify the make, model and serial number for the camera and prove that it has been calibrated within 12 months of the alleged offence.  It may be that the Police refuse to disclose this information before a Summons has been issued and strictly speaking, there is no obligation for them to assist before then.  However, most Police forces will provide information upon request.

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I was stopped by the Police and I was shocked to find out that I was driving uninsured. Apparently my insurance Policy expired a week ago, but my insurance company failed to inform me. What can I do as this was an innocent mistake on my behalf as I would never knowingly drive with no insurance?

You will be convicted of the offence.  There is an absolute requirement for vehicles to be insured and the obligation puts the onus on the driver and keeper of the vehicle.  Whilst the error would not have occurred deliberately, the circumstances amount to mitigation, not a defence.  The potential punishment are a fine plus 6-8 penalty points or a driving ban. 

Whilst you have our sympathy in what is becoming an increasing problem, the difficulty is, although you have been let down by your insurers, that does not negate your obligation.

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I received a Notice of Intended Prosecution but I cannot be sure who was driving at the time of the offence.  When I asked for the photographic evidence, it simply initiated Court proceedings for failing to supply the identity of the driver.  Do I have a valid claim as I have reason to believe that the ‘evidence’ in question is weak and when I asked for the evidence I am simply summonsed to Court?

There is a strict obligation to reply to a Notice of Intended Prosecution within 28 days.  If you do not supply the identity of the driver in that time, it can be argued that you have failed to meet your obligation.  If you do not know who was driving, but believe the photograph will assist you, you should ask to see same but when requesting a photograph, you should ask that your time for supplying the information be extended until you have had ample opportunity to consider the evidence.  Although the Process Unit do not have to co-operate, they would normally do so and if a Summons were issued in these circumstances, the Court will not be overly impressed, given that you can show a genuine effort to deal with the matter.

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I was caught speeding just over 70 mph on a dual carriageway. I did not spot the reduced speed limit in respect of road works as it was late at night and no obvious work was taking place. Will I still be banned as it is usually a 70 mph zone? 

If a reduced speed limit is in place, it will be effective regardless of whether work is being carried out or not.  The punishment will depend upon the amount of the excess speed and the circumstances at the time of the offence so if you can prove that no other party was affected by the error, the Court may be more lenient than an offence at the same speed if there were workmen in the vicinity.

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I was pulled over by the Police and failed a breath test after I ended up behind the wheel whilst under emotional distress. Will I definitely lose my licence from drink driving?  If I do lose my licence, I will lose my job and therefore could not meet my financial commitments. Do I have any other options?

The minimum punishment upon conviction is a 12 month ban.  Although the Court does have discretion, a ban is for all intents and purposes compulsory.  The duration of the disqualification does depend upon the circumstances of the incident and in particular the alcohol reading.  At the Court’s discretion, you may be offered the opportunity to attend a drink driving rehabilitation course which once completed, can reduce the period of a ban by 25%.  Loss of job is not a reason to justify avoiding disqualification.  The stronger the mitigation you put forward, the better your outcome will be.

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Driving is a critical part of my job. I can only drive to and from work and my job requires that I travel regularly around the UK to visit customers etc.  Is this a strong enough reason to avoid a totting up ban?

The criteria applied by the Court is “exceptional hardship” and it is a common comment that whilst an individual would suffer hardship through the loss of their licence, that hardship is not so exceptional that it justifies avoiding a totting up ban.  Loss of job alone does not always amount to exceptional hardship and any attempt to avoid totting up purely on that basis could fail.  It can however be used to develop other reasons which combined, do meet the criteria set by the Court.

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I have received a Notice of Intended Prosecution for contravening a red traffic light. I honestly do not remember this offence and therefore would like to view the evidence. How can I obtain the photo?

Firstly, you will need to confirm that you accept you were driving at the time of the alleged incident.  Most Police forces will not consider sending evidence until identity is established.  Thereafter, you can contact the Police and ask for the photograph.  Although, strictly speaking, there is no obligation to provide evidence until a Summons is issued, many Police forces will disclose information either via letter, posting it on a website or alternatively allowing you to view it at a Police Station.  If the Police refuse initially to co-operate, be persistent and remind them that it is in their own interest to assist you as that may well result in the case being concluded more promptly.

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If my driving licence is revoked, how soon can I retake my driving test?

In theory, immediately.  Revocation applies only to drivers who reach or exceed 6 points within the first 2 years of obtaining their first full licence and thus are subject to the New Drivers Act.  It is not a disqualification, and so you are entitled to apply for a new provisional licence straight away and as soon as you pass the theory and practical tests, your full entitlement will be reinstated.  Whilst there is no minimum period that you must wait before applying for a new licence, in practical terms, much depends upon the availability of test dates etc.

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