It is always worth asking for the photographic evidence, particularly as to prove the offence, the Police will have to show that your vehicle crossed the line whilst the red light was illuminated.  Although this is a strict liability offence, meaning that such evidence prevents any defence being raised, if the Police cannot produce the photograph, or evidence to support the allegation, they cannot prove the case.  You have nothing to lose by requesting the photograph.

Share This - Send to Friend and Social Bookmarks

Unfortunately, your non UK licence will not be valid in the UK whilst the driving ban is in effect.  The ban overrules any entitlement that you may have to drive as a “visitor”.

Share This - Send to Friend and Social Bookmarks

Although the ACPO Guidelines indicate that the Police should show you evidence at the scene wherever possible, there is actually no statutory requirement for them to do so and if they choose not to, it does not prevent a prosecution.

Share This - Send to Friend and Social Bookmarks

Even though you are a provisional licence holder, you are expected to exercise the same standard of driving as that of a full licence holder. Consequently, you will be convicted of this offence. In theory, the supervising driver could also be found guilty of an offence (failing to supervise) but if he can show that he was actively attempting to prevent the error, any allegation against him should be dismissed.

Share This - Send to Friend and Social Bookmarks

There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. The registered keeper is the person and/or company whose details are held on the DVLA database. As this is a company car, the likelihood is that the registered keeper is either your employer or the lease company who supplied the vehicle. In those circumstances, you need to see a copy of the NIP that was sent to them as the likelihood is, it was served within 14 days and therefore valid. In those circumstances, you must reply to the Notice served on you and failure to do so is a further offence.

Share This - Send to Friend and Social Bookmarks

The New Drivers Act applies for the first 2 years following the issue of your first full driving licence. Subsequently passing further tests and adding additional categories to your licence does not result in the New Drivers Act applying again. Consequently, having passed your motorbike test, does not restart any probationary period.

Share This - Send to Friend and Social Bookmarks

The Police have 6 months to commence proceedings and do not have to contact you at any stage before then. In our experience, many forces diary cases for 5 months and 2 weeks, so the lack of progress at this stage does not suggest that they will not proceed. There is no point contacting the Police; it will only prompt them into life. If you do nothing, there is a slight chance that they will fail to progress the case in time.

Share This - Send to Friend and Social Bookmarks

You have 28 days in which to accept conditional offers. If they have been issued by the same Process Unit, you can send them together. If the Fixed Penalties are from different Police Authorities, you should send off the first one, but put in a note that you require the licence returned promptly. If the licence is not returned within the 28 days, you should contact the other Authority explain the situation, and ask them to extend the time for acceptance. Most will co-operate in this respect.

Share This - Send to Friend and Social Bookmarks

In theory, you can plead guilty by post. However, most Courts will then adjourn the case to provide you with a further opportunity to attend in person so that you can put forward a submission of exceptional hardship and explain why you should not be banned.

If you are resigned to the fact that a totting up ban is inevitable, and you are prepared to accept this, you should make this clear to the Court, stating that you do not wish to put forward an exceptional hardship plea. There is every prospect that they would then resolve the matter in your absence and there is no reason for the punishment to be any more severe. That said, if the case is still adjourned, and you are told that you must attend, failure to do so could result in a Warrant being issued for your arrest.

Share This - Send to Friend and Social Bookmarks

Red traffic light offences are strict liability.  The rules are that you must stop on amber, unless it is unsafe to do so. You must stop on red, regardless of the circumstances.  If the lights were red for one second, you will be convicted. You can ask to see the photographic evidence etc, but if the lights were red when any part of your vehicle crossed the stop line, you will lose.
 
You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.

Share This - Send to Friend and Social Bookmarks

There is nothing to prevent you pleading exceptional hardship again but you are not allowed to use the same reasons twice in any three year period. If you can show new reasons your submission may well be successful. If you fail, it does not follow that the ban should be more than 6 months, it would only reach a minimum of 12 months if you have already received a totting up ban in the previous 3 years.

Share This - Send to Friend and Social Bookmarks

Special reasons is not a defence. It is a facility that the Court can use to avoid imposing an endorsement on your driving licence. In order to be successful, the Defendant needs to establish mitigating or extenuating circumstances which whilst not amounting to a defence, are such that when taken into consideration, justify not imposing a punishment. The reason must relate to the Defendant not to the allegation. Forgetting to cover a direct debit would not be regarded as an extenuating circumstance, given that this is within your control and the onus is upon you as a driver to be certain that your insurance is effective before you use your vehicle.

Your best option is to plead mitigation and try to limit the punishment to 6 penalty points.

Share This - Send to Friend and Social Bookmarks

Although your suspension may be completed, you are required to be in possession of a driving licence, so strictly speaking you should obtain same before you commence driving again. There may be various reasons why the licence has not been returned to include payment of a fee or taking a further test. You should make enquiries with the DVLA immediately to establish why the licence has been retained. You can then rectify any issues that require attention. This is the most prudent approach, given that if for any reason you are asked to produce a licence but are unable to do so, it is you that will be summonsed, not the DVLA.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks

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.

Share This - Send to Friend and Social Bookmarks