Motoring Law, Special Reasons:
A legal term for a set of circumstances advanced to avoid endorsement and/or disqualification:
It must be a mitigating or extenuating circumstance;
It must not relate to a legal defence to the charge;
It must be directly connected with the offence and not solely to the offender;
It should be a factor the court should properly take into account when deciding the sentence.(R v. Wickens 1958)
Disqualification:
For some offences disqualification is mandatory and even in cases where the court has a power to endorse with penalty points it also has a power to disqualify. A minimum period of disqualification must be imposed in the absence of special reasons in the following cases:
Driving whilst unfit through drink/drugs 1 year or 3 where it is a second like offence in a ten year period.
Refusing to provide a specimen As above
Dangerous driving 1 year.
Penalty points and totting up:
Most traffic violations carry points rather than a disqualification. Where a person accumulates 12 points or more within a three year period they become liable for a minimum 6 month disqualification. The court must order a disqualification unless to do so would cause the driver to suffer “exceptional hardship”. If the court finds “exceptional hardship” then the court has a discretion to reduce the period of disqualification or avoid it altogether. An argument for “exceptional Hardship” may only be used once within a three year period.
How to calculate relevant points for the purposes of totting up:
Points on a licence are relevant for the purposes of totting up if they were on the driver’s licence at the time of the last offence for which points, if ordered, will cause the driver to tot up. This means that even if the case comes to court and the points for the last matter are awarded more than three years after the first set of points, but the offence was committed within the three year period, the driver will be liable to totting up.
Effect of prior disqualification:
A prior disqualification can only be taken into account when determining the minimum period of the next disqualification in the following circumstances:
1. If it was for an offence where the ban was obligatory;
2. If it was an offence for which a disqualification was optional;
3. If it was imposed for totting up.
In addition to the above the prior disqualification must have been for no less than 56 days.
Where a prior disqualification is taken into account it will work to affect the length of any subsequent disqualification as follows:
1. 1 year minimum if the is one prior disqualification to take into account;
2. 2 years if there is more than 1 to take into account.
New drivers:
Drivers who have not held a licence for more than 2 years will find that if they accumulate 6 points or more they will have their licence revoked automatically by the DVLA. This makes it even more important that a lawyer is contacted as soon as possible.
Dangerous driving:
Definition; The Road Traffic Act 1988, section 2 (as substituted Road traffic Act 1991) makes it an offence to drive a mechanically propelled vehicle dangerously on a road or other public place.
Penalty; Maximim 5000 fine and up to 6 months imprisonment in the Magistrates’ court or an unlimited fine in the Crown court and up to 2 years imprisonment.
In addition the court must disqualify and order an extended re-test unless “special reasons” are found. Where a ban is avoided the court may impose 3-11 points.
Fail to produce licence, insurance and/or MOT certificate:
Definition; The Road Traffic Act 1988, section 164 and 165 make it an offence if being the driver of a vehicle on a road or being a person whom a police constable reasonably believed has driven a vehicle when an accident occurred, owing to its presence on a road, or other public place fails on being so required by a constable to produce his/her driving licence, insurance and/or MOT certificate.
Penalty; No power to endorse with points or to disqualify, only to fine.
Driving without a valid licence:
Definition; The Road Traffic Act 1988, section 87 makes it an offence for a person to drive a motor vehicle on a road otherwise than in accordance with a driving licence for a vehicle of the said class.
Penalty; The court must endorse with 3-6 points (unless “special reasons” exist) and a maximum fine of 1000. The court also has the discretion to disqualify.
Driving whilst disqualified:
Definition; The Road Traffic Act, section 103 makes it an offence to drive on a road when disqualified from holding or obtaining a driving licence.
Penalty; Maximum fine of 5000, up to 6 months imprisonment and discretion to disqualify for any period and/or until a re-test is passed. If no ban, then 6 points unless “special reasons exist”.
Drunken driving:
Definition; The Road Traffic Act 1988, section 4(1) makes it an offence to drive or attempt to drive a mechanically propelled vehicle on a road or public place when unfit through drink or drugs.
Penalty; Maximum fine of 5000, up to 6 months imprisonment, a minimum disqualification of 1 year and endorsement unless “special reasons” exist. If it is a second like offence within 10 years then the minimum disqualification is 3 years unless “special reasons exist”
NB: Do not confuse this offence with the offence of driving whilst alcohol over the prescribed limit (see below).
Drunk in charge of a vehicle:
Definition; The Road Traffic Act 1988, section 4(2) (as amended) makes it an offence to be in charge of a mechanically propelled vehicle on a road or public place when unfit through drink or drugs.
Penalty; A fine of up to 2500, up to 3 months imprisonment, discretion to disqualify and must endorse unless “special reasons” exist. 10 points in the absence of a ban.
Alcohol over the prescribed limit:
Definition; The Road Traffic Act 1988, section 5(1)(a) makes it an offence to drive a motor vehicle on a road or public place with alcohol over the prescribed limit.
Penalty; Fine of up to 5000, up to 6 months imprisonment, a minimum 1 year disqualification unless “special reasons” exist, can be made to take a re-test and licence must be endorsed with points (3-11) where the re is no ban unless “special reasons” exist. If there is a second like offence in a 10 year period the minimum ban is 3 years.
Refusing specimen of blood, urine or breath:
Definition; The Road Traffic Act, section 7(6) makes it an offence to fail without reasonable excuse, to provide a specimen for analysis.
Penalty; If the defendant drove or attempted to drive then the penalty will be maximum fine of 5000, up to 6 months imprisonment and a minimum 1 year ban unless “special reasons” exist. A re-test may be ordered and if it is a second offence in a ten year period then the minimum period of disqualification will be 3 years. 3-11 points if no ban.
If the defendant did not drive the vehicle but was in “charge” of the vehicle then the penalty is slightly different; the maximum fine is 2500, the maximum prison sentence is 3 months and the disqualification is discretionary and may be for any period. The court may order a re-test and if they do not disqualify they must endorse with 10 points unless “special reasons” exist.
Refusing a breathalyser:
Definition; The Road Traffic Act 1988, section 6(4) makes it an offence to fail without reasonable excuse, to provide a specimen of breath for a breath test when required to do so by a policeman in uniform.
Penalty; Maximum fine of 1000, 4 points and discretionary disqualification.
NB; this is not the same as the above offence. This offence relates more to a road side breath test rather than one at the police station which is usually covered by the above referred to offence.
Driving without due care and attention/careless driving:
Definition; The Road Traffic Act 1988, section 3 makes it an offence to drive a mechanically propelled vehicle on a road or public place without due care and attention
Penalty; Maximum fine of 2500, 3-9 points and a discretion to disqualify and /or until re-test passed.
Failing to stop and give details after an accident and failing to report after an accident:
Definition; These are two distinct and separate offences but are often presented to together and they have the same penalty. The Road Traffic Act 1988, section170(4) as amended provides for an offence where as the driver of a mechanically propelled vehicle, owing to the presence of which on a road or other public place, an accident occurred whereby injury was caused to another person (or damage caused to another vehicle or to roadside property or injury to an animal)
-Failed to stop
-Upon being reasonably required to give his/her name and address, the name and address of the owner of the vehicle, failing to do so.
-Or having not given his name and address to any person having reasonable grounds for requiring this information, fails to report as soon as reasonably practicable and in any case within 24 hours.
Penalty; Maximum fine of 5000, up to 6 months imprisonment, discretionary disqualification for any period and/or a re-test. 5-10 points where no ban unless “special reasons” exist not to endorse.
NB: remember these are 2 separate offences and therefore there is the possibility of 2 separate penalties although this is unlikely if the offences were formed out of the same facts.
No insurance (using, causing or permitting):
Definition; The Road Traffic Act 1988, section 143 makes it an offence to use, cause or permit to be used a motor vehicle on a road or other public place when there is not force a policy of insurance or security against third party risks.
Penalty; Maximum fine of 5000, 6-8 points and discretion to disqualify for any period and/or a re-test. Must endorse unless “special reasons” exist.
Speeding:
Definition; The Road Traffic Regulation Act 1984, sections 81 (84 or 86) and 89 (or 17 if motorway) make it an offence to drive a motor vehicle on a road at a speed exceeding the statutory limit.
Penalty; On a road other than motorway the maximum fine is 1000, 3-6 points or disqualification for any period and/or re-test. Where on a motorway if charged under section 17 the maximum fine is 2500.