Motor Law Answers

I have received a Summons for failing to identify driver, but the photo does not show/prove who was driving. Do I have a defence?

There is no obligation for photographic evidence to show who was driving. The purpose of the photograph is to identify the vehicle so it would normally focus on the number plate. The Police do not have to show who was driving. All the Police need to do is prove the identity of the vehicle and that they have asked the registered keeper to identify the driver at the time of the alleged offence. That request shifts the burden onto the keeper. An offence is committed if no driver identification is given unless you are able to provide a satisfactory explanation as to why it is impossible to establish the driver’s identity.

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Totting Up: Will a delaying tactic prevent a driving ban? 

I currently have 9 penalty points on my driving licence and I’ve just received a Fixed Penalty Notice which will bring me to 12 penalty points. If I contest or appeal the Fixed Penalty, by the time the matter goes to Court, the first 3 points on my licence will no longer be valid. Is this a tactic I can use to prevent a totting up ban?

No. If you had 9 points at the time of the offence, the Court is still entitled to impose a totting up ban. The reason that penalty points remain on your driving licence for 4 years but remain only valid for 3 years is in order that the Court is fully aware of the driving history to prevent such a tactic.

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I was stopped by the Police who have accused me of using a mobile phone whilst driving. However I was not using the phone, I simply picked the phone up and moved it. It is therefore my word against the Police Officer’s. However, if I can produce a bill to prove that I was not using the phone, will the case against me be dropped?

You do not have to be speaking on the phone to be convicted. “Using” the phone can be as simple as moving it or holding it. The Police do not have to prove that a call was being made. Although it is for the Officer to satisfy the Court that you contradicted the regulations, just because it is your word against his does not mean that the Court will find in your favour. At the very minimum, you will need to put reasonable doubt in the mind of the Justices in order to dismiss the case.

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I have been disqualified from driving, however can I still supervise a learner/sit next to them whilst they practice?

No. In order to supervise a provisional driver, you must have held a full licence for at least 3 years, the licence must remain valid, and you must be at least 21 years of age, unless you are a member of the armed forces acting in the course of your duties. The 3 year requirement does not apply to the supervision of large goods or passenger carrying vehicle provided the other requirements are met.

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I have been caught drink driving and unfortunately it is my second offence. What is the likely penalty / punishment the Court can impose?

If the previous offence occurred within the last 10 years, the minimum punishment that the Court will impose is a 3 year driving ban. This can be extended for more serious cases. There will also be a fine and the option for community service, a curfew order or a prison sentence.

If the previous offence occurred more than 10 years, it will be regarded as spent and the minimum penalty is a 1 year driving ban, subject to the level of alcohol recorded.

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Can I prevent automatic revocation of my driving licence under the New Drivers Act? 

I have received a letter from the DVLA informing me that my licence has automatically been revoked as I’ve reached 6 penalty points. Is there a way I can avoid revocation of my driving licence as I rely heavily upon my licence for work and cannot afford to lose my job?

Revocation is automatic if you reach 6 points within the first 2 years of holding your full driving licence. If this is as a result of Fixed Penalty Notices, which you have accepted, you have very little further recourse. If the points arise from a Court decision, you can lodge an appeal to a higher Court within 21 days of the conviction and the revocation will be suspended, pending the outcome of that appeal. However, the Court can only alter the punishment so if the outcome is still 6 or more penalty points, the revocation will stand as the Court has no discretion to prevent same.

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What is a plea in mitigation in relation to a driving offence or speeding?

If you plead guilty or are convicted of a driving offence, you are entitled to make a submission to the Court to reduce any punishment imposed and that process is termed mitigation. It is not a defence and care must be taken to ensure that it does not amount to same.

Mitigation can be presented personally or, at the discretion of the Court, in writing. It can be used to avoid potential disqualification or to reduce the number of penalty points/period of disqualification.

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