When drivers fail to meet the necessary driving standards, they may face legal action that ranges from careless driving to causing fatal accidents, including motor manslaughter. In every case, there are repercussions, some of which may result in the loss of their freedom.

If you have been accused, served with a summons, or are currently being investigated for any incidents related to your use of a motor vehicle on public roads, it is advised that you seek the counsel of a solicitor at Baker Hardman  who specializes in motoring law as soon as possible.

The range of driving offences including:

• Dangerous driving of itself;
• Causing death by dangerous driving;
• Motor manslaughter;
• Careless and inconsiderate driving;
• Causing death by careless driving when under the influence of drink or drugs;
• Causing death by careless or inconsiderate driving;
• Causing death by driving whilst unlicensed, disqualified or uninsured.

DRINK DRIVING

If you have been accused of violating the drink driving laws in the UK, don’t hesitate to reach out to the skilled solicitors at Baker Hardman. Our team specializes in defending clients who have been charged with drink driving offences, and we can inform you of the consequences associated with such a charge and offer guidance on how to avoid a driving ban.

Is it possible to avoid a conviction for drink driving? Our solicitors have a comprehensive understanding of the current drink driving legislation, and they will examine the police procedures for any errors or determine if any circumstances have compelled you to drive while under the influence.

Typically, our solicitors investigate the following areas to help our clients evade a drink driving conviction or receive a more lenient sentence:

– Were you unknowingly driving under the influence of alcohol due to having your drink spiked?

– Did an emergency situation leave you with no other option but to drive?

– Did the police follow legal protocol when processing you after your arrest?

– Did the arresting officer fail to collect blood or breath specimens in the manner required by law?

With representation from an experienced solicitor knowledgeable in drink driving cases, your chances of receiving a reduced sentence or avoiding conviction altogether significantly improve. Drink driving penalties can be severe, so it is vital to seek proper legal representation in court.

Individuals convicted under drink driving law can expect to endure some or all of the following penalties:

• 6 months’ imprisonment
• £5000 fine
• Obligatory disqualification from driving
• 3-11 penalty points (If not disqualified due to exceptional circumstance)

MOBILE PHONE OFFENCES

If you have been accused of using a mobile phone while driving, Baker Hardman Solicitors is here to offer advice and assistance. If you are facing legal action for using a mobile phone while operating a vehicle, it is crucial to contact a solicitor as soon as possible to seek guidance on your legal position and reduce the charges you may face.

At Baker Hardman, our expert solicitors specializing in motoring law are pleased to provide free initial advice to individuals facing charges of using a mobile phone while driving. To speak with us, call 01772 419 111 or send us an email.

Mobile Phone Offence Law

The legislation pertaining to mobile phone driving offenses extends beyond using a mobile phone while driving a vehicle. In reality, there are three offenses:

– The driver’s use of a mobile phone;

– Allowing or enabling a driver to use a phone;

– Supervising a provisional licence holder while using a mobile phone.

In addition to the use of mobile phones, the regulations refer to other “handheld devices,” such as laptops, tablets, iPads, or other handheld computers. Mobile phone driving offenses cover any device that may make or receive a call or perform any interactive communication function, including devices that can send or receive messages, faxes, or pictures, or provide access to the internet.

It is crucial to note that, in addition to a fine of up to £1,000 for car drivers and considerably higher for HGV drivers, the offense carries a mandatory three penalty points.

SPEEDING FINES AND OFFENCES

In case you have been caught speeding by the police, received a speeding ticket or a speed camera has detected you, it is crucial to address the matter as soon as possible.

The majority of drivers’ legal case begins when a ‘fixed penalty notice’ is sent to the registered keeper’s address, requesting further information. This notice initiates the prosecution process and could be the starting point of your defence. Therefore, it is recommended to contact a solicitor specializing in defending speeding offenses at this stage.

Fines and Penalties for Speeding Offenses

Speeding offenses carry a penalty of 3 to 6 penalty points, depending on the excess speed over the legal limit. If the speed is 20mph above the limit, you are more likely to receive six penalty points than if you were traveling 10mph above the limit. The current maximum fines for speeding offenses are £2,500 for motorway offenses and £1,000 for offenses on any other road.

If the speed is considered excessively high, the court can disqualify you from driving. A driving ban can significantly impact most people, particularly if your driving license is essential for your work and livelihood.

Furthermore, it is essential to consider the cumulative effect of speeding offenses. If you are convicted of multiple offenses and accumulate 12 penalty points, you may lose your driving license. With the help of our experienced solicitors, you may be able to keep your license, depending on the nature of the driving offenses.

EXCEPTIONAL HARDSHIP / TOTTING UP

If you amass 12 or more penalty points within a 3-year period, you may face disqualification from driving. The standard disqualification period imposed by the court is typically 6 months, unless there are grounds of exceptional hardship to either yourself or others, which the court may take into consideration. If the court is satisfied that such grounds exist, they may choose not to impose a disqualification or impose a shorter one. It is important to note that you cannot use the same grounds of exceptional hardship in the next 3 years.

The purpose of a disqualification is to impose inconvenience and hardship as a form of punishment, but it is not intended to cause exceptional hardship, which is defined as “hardship beyond the norm.” There are many potential arguments that can be made, such as loss of employment, loss of business, or adverse impact on health. When considering exceptional hardship applications, courts are increasingly taking into account the impact on others, in addition to the impact on the driver.