Solicitors who deal with multiple areas of criminal law often aren’t fully familiar with the intricate legal arguments that can be used successfully to protect your licence if you have been accused of any of the driving offences below When you commit a motoring offence, you will receive an s.172 request. If you do not complete and return the request, you face six points.There are 2 statutory defences in the road traffic act, Section172(4) and Section172(7)(b) RTA 1988. Either, prove you used reasonable diligence to pin point who was driving at the time of the offence, or that you didn’t receive the S172 request to do so.
Without valid car insurance, you are considered guilty no matter what your circumstances. Pleading guilty to driving without insurance, or being convicted of the offence will earn you SP50 Driving Offence points on your driving licence.Frequently, the insurance broker will have cancelled an insurance policy without the driver knowing. If you genuinely and honestly believed that you were insured and can demonstrate that to the court then you can use a special reasons argument.
The penalty for speeding offences is three to six penalty points on your driving licence, a discretionary ban if warranted by your offence, incurred court costs as well as a fine.Following on from recent UK case law, if you are going to succeed defending your speeding allegations, you will need to have professional evidence to support your legal argument.In the UK the maximum breath reading for drink driving is 35mg. If convicted, you face a mandatory minimum driving licence disqualification of twelve months.To defend your drink drive allegation, you have three legal defences; you were not the driver of the car, you were not in a public place, or you didn’t drink until after you had driven, rather than before.
Other possible defences for drink drive charges are that you drove only for a very limited distance, that it was actual emergency situation, or that you unknowingly consumed alcohol without being aware at the time.In order for the prosecution to get a conviction for drunk in charge of a vehicle, they will need to show that you were above the legal drink drive limit and that you were in charge of the car.A common defence to this allegation is to show the court that you were not intending to drive until you were under the drink driving limit again. In addition to receiving either ten points if found guilty, you can also possibly receive a discretionary driving licence ban.