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MOTORING LAW HELP!
from Ling
I am giving you free link (at bottom) to UK Motoring Lawyers service. They specialise in helping you fight motoring offences... - Ling
Chinese police "car". You get chased by one of these? You not worry, unless you drive a Smart, hehe.
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I see many driving licences in my business, and I notice too many of you have POINTS! I have no points! As special service, I have found fantastic UK Ally McBeal .com who specialise in motoring offences.
In China, you don't get this opportunity to argue your case! You damn guilty if policeman points at you, unless you want truncheon or tazer! UK people so, so lucky!!!
You should look at list of offences below, and contact these fighting lawyers if you have problem with UK court appearance.
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Info provided by MotoringLawyers.com, thanks! - Ling
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CARELESS DRIVING
“Driving without due care and attention may be said to mean departing from the standard of driving which would be exercised by a reasonable, prudent, competent driver in all the circumstances of the particular case”. This is the classic definition of careless driving and the interpretation is as “long as a piece of string”.
Frequently the prosecution will suggest that the facts speak for themselves to prove careless driving. Expert cross-examination and objective comment from an expert motoring lawyer very often accounts for the difference between acquittal and conviction because while the prosecution might argue that the facts speak for themselves, they have to prove the case to the criminal standard of proof which is “beyond reasonable doubt.”
MAXIMUM PENALTY; 9 points OR disqualification
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CONTRAVENING TRAFFIC SIGNS & SIGNALS,
ROAD SIGNS & MARKINGS
Did you know that crossing into a hatched area on the road bounded by continuous white lines carries the same penalty as crossing a continuous white line in the centre of the road? – 3 penalty points.
However, white lines wherever they are placed must comply with the Traffic Signs Regulations and General Directions 2002 and if they do not then a person contravening them commits no offence even if the lines are readily recognisable as double white lines. The Regulations are very detailed. They must give precise dimensions for width of lines and spacing and these must be strictly observed by the Highways Authority. Failure to do so provides a defence.
MAXIMUM PENALTY; Discretionary disqualification or 3 penalty points
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DANGEROUS DRIVING
This is a much more serious charge. A person whose driving falls far below what would be expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous is guilty of an offence. But what does that mean? The hot pursuit chases on roads by police cars are obvious examples of dangerous driving but on a motorway, a speeding case of 130 mph+ is also likely to be charged as dangerous driving! There are also examples of drivers stopping on a clearway to answer mobile phones and thereby causing obstructions to the traffic and, if an accident ensues, a dangerous driving charge is “on the cards.”
The problem with dangerous driving is the penalties. A court must endorse and disqualify for at least 12 months and must endorse with 3-11 penalty points if, exceptionally, there is no disqualification. In serious cases, there is also risk of imprisonment particularly so if a death has been caused by the dangerous driving.
MAXIMUM PENALTY; If the matter is dealt with in the Magistrates’ Court at least 12 months disqualification and /or a maximum 6 months imprisonment. If the matter is dealt with in the Crown Court – 2 years imprisonment. The court MUST order and extended retest before you can drive again.
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DRINK DRIVING / EXCESS ALCOHOL
The law in this area is highly technical and offers scope for exploitation of any departure by the police from the accepted and permissible procedures. Numerous devices are relied upon (Alcolmeter, Alcolyser, Alcotest, Alcometer, Alcosensor, Camic, Intoxilyser, Intoximeter) each of which has its own detailed procedure to be followed. As with speeding cases we can identify situations where the correct procedures have not been followed, thus providing you with a legitimate defence. We can identify and advise you about the numerous other defences which may be available in your case, such as post-accident consumption (the 'hip flask' defence), no valid reason for requirement, public road or private place, etc. It may also be appropriate to advance special reasons on your behalf such as laced drinks, emergency or shortness of distance driven all of which give the court discretion to reduce the period of disqualification or not to impose it at all!
Any drink related driving offence is regarded by the courts as a serious matter. It’s not just disqualification that you have to worry about. Breath readings above 116 (more than 3 x the legal limit) attract the guideline sentence of “consider custody” as well as a substantial disqualification.
MAXIMUM PENALTY; Mandatory disqualification for at least 12 months and up to 6 months imprisonment. Mandatory disqualification of 36 months for a further offence within 10 years
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DRUNK IN CHARGE
It is not just drink driving that drivers have to be careful about. What about the situation where you know you’re over the limit and call for a taxi or family member to drive you home and you’re waiting inside your car when a policeman knocks on the window? You don’t have to be driving to be guilty of an offence. The defence “I had no intention of driving” is certainly available but could you fight that in court? Would the police agree with you or say that, in their opinion, you were preparing to drive and the keys were in the ignition? Disqualification in these cases is discretionary but the 10 points on your licence will not be good news.
Did you know that the onus is on you to prove that you had no intention of driving?
MAXIMUM PENALTY; Discretionary disqualification and 10 penalty points
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EXCESS WEIGHT / OVERLOADED VEHICLE
The Law relating to weight distinguishes between laden and unladen weight. The distinction is relevant because there are prohibitions on the total weight which a laden vehicle may transmit to the road surface, while both laden and unladen weights form the criteria by which maximum speed and excise duty are computed.
There is a multiplicity of statutory provisions and Common Law rules derived from Case Law and to negotiate a path through this “minefield” requires expert guidance.
MAXIMUM PENALTY; Discretionary disqualification or 3 penalty points
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FAILURE TO PROVIDE A SPECIMEN FOR ANALYSIS
The fact that you have failed to give a specimen of breath, blood or urine is not, of itself, the end of the story – there can be good reasons which provide a defence. The Case Law in this area is long and complex and is constantly changing. Expert analysis of each individual situation is essential to assess whether a defence exists.
MAXIMUM PENALTY; Mandatory disqualification for at least 12 months, a minimum period of 24 months is suggested in the Magistrates’ Sentencing Guidelines and a possibility of 6 months imprisonment.
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MOBILE PHONE USE
Mobile phones are part of everyday life and most people know they should have a hands free kit in their cars. But many don’t and if you’re caught using a mobile phone, while driving, the police will no longer warn you as they used to during the “honeymoon period” and you will shortly face 3 points as well as a fine. Moreover, an accident caused while distracted using a mobile phone is regarded as an “aggravating feature” by the police and courts and may tip a careless driving case over the line into a dangerous driving case. Remember that the Police can and frequently do draw upon the very accurate time and geographical position records of the mobile phone service providers to obtain evidence.
MAXIMUM PENALTY; Discretionary disqualification or 3 penalty points
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SPEEDING
Prosecutions are based upon a variety of methods. "Remote" detections such as GATSO, SVDD, SPECS, Laser with camera attached and sensor operated devices such as Truevelo, as well as detections by attended devices such as VASCAR, PILOT, Speedometers and hand held laser devices.
The number of speed cameras is increasing exponentially, week by week. The parameters for the operation of these devices vary widely. More often than not we find that the operating officer's knowledge of the requirements for establishing proper calibration, Type Approval, and for using any particular device is surprisingly inadequate. You must remember, however, that in 99.9% of the prosecutions he brings, his word is unchallenged. There is therefore no pressure on him to operate the device properly and acceptably.
Our experience shows that in most cases corners are cut and proper procedures are not followed. It is, however, imperative that any challenge to his word comes from a lawyer who knows more about the subject than the officer does. You can expect no help here from the Prosecuting Solicitor or the Court Clerk who usually know less about the procedures and use of the equipment than the police! One vital piece of advice we offer is, do not give anything in writing to the police until you have spoken to us.
MAXIMUM PENALTY; 6 penalty points or disqualification for the offence itself
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TRAFFIC LIGHT OFFENCES
Our remarks under 'Speeding' apply equally to 'Red Light' offences. These prosecutions are predominantly based on evidence obtained from cameras which are multiplying in numbers week by week. Again the police must observe (and very often fail to observe) strict guidelines in their use. Expert cross-examination is critical in these cases and it is imperative that you get expert advice as soon as possible and certainly before you say or write anything to the police because they will subsequently rely upon what you said as evidence in court of your “confession.”
MAXIMUM PENALTY; Discretionary disqualification or 3 penalty points
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PENALTY POINTS
Generally speaking, any motorist who accumulates 12 penalty points within 3 years is liable for mandatory disqualification for at least 6 months ("Totting up"). The regulations governing "totting" and whether points count or not are complex and can be unknowingly misinterpreted by the courts unless an expert solicitor is instructed who can ensure such mistakes are not made, thereby avoiding an unnecessary unlawful disqualification and an expensive appeal to the Crown Court.
Moreover, the Government have introduced a new Road Safety Bill into the 2005-6 session of Parliament to increase the variation of penalty points for speeding and increasing the number of penalty points for other offences. Theoretically, two speeding cases on the same day proved by speed camera could see you off the road for 6 months!
See also “Special Reasons” and “Exceptional Hardship” as grounds for avoiding the mandatory “totting up” disqualification.
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REMOVAL OF DISQUALIFICATION
In cases where the motorist has been disqualified for at least 3 years, it’s possible to apply for restoration of a licence after 2 years or two thirds of the disqualification in bans longer than 3 years. These applications are almost invariably opposed by the police and consequently need the preparation and skills of an experienced motoring lawyer.
They’re difficult if not impossible for the layman to argue objectively and you cannot rely upon the police or the prosecution to help you in court.
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SPECIAL REASONS
Whilst the law provides that the period of disqualification for "totting" is at least 6 months, we can argue these grounds either to avoid a disqualification, or to reduce it to much less than the statutory minimum 6 months. However, it’s important to remember that special reasons are “special” to the commission of the offence: my drink was laced out of spite and I was unaware that I was drinking alcohol; I had to exceed the speed limit to get an injured person to hospital etc.
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These are the most commonly encountered areas for prosecution. A fighting defence lawyer takes advantage of legal niceties and mistakes that the Crown make and uses these to a client’s advantage. Defence lawyers with attitude can often turn a seemingly hopeless case on its head and snatch victory from the jaws of defeat. The Law Society’s Advocacy Code actually requires lawyers, among other things, “to protect fearlessly, and by all proper and lawful means, the client’s best interests” without regard to the personal or professional interests of anyone else.
Click on link below to visit PattersonLaw.co.uk site
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Hope this helps! - Ling
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-Ling
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...so, you know who I am - Ling
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