Speeding drivers face more points

News on Speeding Offences (from the BBC website)

Motorists who fail to declare who was behind the wheel when a speeding offence was committed are to face stiffer penalties. Those convicted of failing to provide information on the identity of a driver will get six penalty points on their licence - doubling the current rate. The aim is to punish those who falsely claim they do not know who was driving. Ministers say those with good reason for not naming a driver, such as if a vehicle is stolen, will have a defence.


Cartwright King Solicitors can help with any speeding offences. Whether you face a speeding ticket, a driving ban or a fixed penalty our solicitors offer professional assistance.

COURTS SET TO GO VIRTUAL

Plans set to go before Parliament next week could see thousands of criminal suspects brought before ‘virtual courts’ instead of a courtroom, a move that could mean that suspects do not get a fair representation warns Andy Cash, a criminal defence expert from leading Midlands law firm Cartwright King.
If Parliament gives the go ahead, a pilot scheme would be run from 14 police stations across London from June, handling an estimated 15,000 cases over the course of a year and saving £2.2 million in police and court time, as well as transportation of prisoners. If this proves to be successful, it would be extended across England and Wales, saving an anticipated £10 million a year.
Although the pilot scheme will initially be voluntary, defendants are set to lose the right to choose whether they have a virtual hearing.
“I think that the introduction of virtual courts could create some serious issues,” said Andy. “It is de-humanising the criminal justice process and isolates defendants, restricting their right to a fair representation in front of a courtroom. Currently video links are used to deal with some interim hearings, but with restrictions in place. A prisoner is still entitled to a first hearing in a ‘live’ court before they are subject to a video link.

POLICE GIVEN POWER TO IMPOUND

Police are now using state of the art detection equipment to catch uninsured and unlicensed vehicles in Nottinghamshire, warns Simon Chaplin, head of motoring defence at Cartwright King solicitors. Working with the DVLA, officers have been using the automatic number plate recognition system and motors insurance database to convict drivers.
If a driver is not able to provide proof of valid insurance and driving licence, new measures will see them automatically issued with a fixed penalty notice which can be up to £200. Their vehicle can also be impounded and they may face prosecution and any further fines or penalty points potentially imposed by a court. For a vehicle to be reclaimed, documentation must be presented and a recovery charge paid. This cost increases on a daily basis, and if not claimed after 14 days then the car may be crushed.
Simon Chaplin said “This legislation crept in under the radar, and my concern is that many people will not be aware of it. There is no law which says you must keep your licence and insurance details with you at all time, therefore I can see potential scenarios whereby a driver is picked up by the police detection systems in error but still has to pay the associated release costs.”
Many drivers are sure to be affected by this legislation and they are advised to get professional advice from a firm such as Cartwright King.

CARTWRIGHT KING NAMED EXPERTS IN LEGAL FIELD

Cartwright King, the leading Midlands business and criminal defence firm has just had three of its star lawyers recognised in the recently released Legal Experts 2009. This is an independent guide to the leading lights in the UK legal profession, who are highly recommended in their particular area.

Mark Wilson (Head of Business Defence), Michael Thurston (Managing Partner) and Simon Chaplin (Head of Crime) were among just 27 regional lawyers across the UK to be selected in their specialist field.

Cartwright King is unique in being the only business defence firm outside London to have three lawyers chosen and was also ranked 3rd nationally. No other East Midlands lawyers were show-cased for this work.

Michael Thurston commented “We are delighted and flattered, that this prestigious legal industry guide has again recognised the quality of the firm’s lawyers and in a way that clearly confirms that we are one of the leading national players”.

DRIVING ON A MOBILE PHONE

Drivers face up to 2 years in prison for driving whilst using a mobile phone. All drivers should be aware that they could now face up to two years in prison as a result of using a mobile phone whilst driving according to Steve Gelsthorpe, partner of criminal and business defence specialists Cartwright King and a member of the firm’s specialist road traffic unit.

This latest development comes in response to new guidelines issued by the Crown Prosecution Service which increases the level of seriousness of such an offence from “driving without due care and attention” to “dangerous driving”. As a result if a person is found guilty, they could face up to 2 years in prison if convicted in the Crown Court as well as having to take a compulsory extended driving test at the end of a mandatory driving ban of at least 12 months.

“It is clear that the Government is raising the stakes significantly” said Simon Chaplin, Partner. “Whilst in many cases we believe that a charge of careless driving will be appropriate it is clear that in serious cases where there is personal injury or damage and disruption to other road users the police are going to be encouraged to charge dangerous driving”

The new guidelines have been brought in as the current sanctions that are in place for driving whilst using mobile phones do not appear to have had the desired effect of deterring people from driving whilst using a phone. This is despite the fact that, according to research, having a phone conversation whilst driving can be particularly dangerous with such drivers more distracted than those that have drunk as much as the legal limit.

“The police are keen to clamp down on this practice and I am sure we will see more prosecutions,” said Simon Chaplin. “Drivers need to be very careful as they face a much a greater risk of losing their licence or worse still now, prison.”

DANGEROUS DRIVERS AVOID JAIL

Offences of death by careless driving and causing death by driving without insurance introduced by the Road Safety Act 2006 have not yet come into force but when they do they will carry maximum sentences of five and two year imprisonment, following pressure from road safety groups. The Sentencing Guidelines Council (SGC) however have just issued guidance in connection with these cases and recommends that judges should be able to impose community orders in cases where the cause is a momentary error of judgement, and the driver has a previous exemplary driving record.

Steve Gelsthorpe, road traffic specialist for leading East Midlands criminal defence specialists Cartwright King, supports these new recommendations: "In the past road safety groups had called for tougher sentencing for drivers who had caused death by careless driving," he said. "However, community sentences seem much more appropriate for a minor lapse in concentration caused by momentary distractions such as children on the back seat or external distractions such as billboards or pedestrians, and where drivers can show that they have an otherwise excellent record."

Recently published prosecution guidelines indicate that any case involving an aggravating feature for example the use of a mobile phone will be charged as causing death by dangerous driving. It may be that the new offences are rarely used however their introduction indicates how careful drivers must be, and the importance of always seeking early legal advice.

MORE GRIEF FOR DRIVERS

Further changes to the Road Traffic Act in relation to speed and road safety camera notices have serious implications for all drivers according to Andy Cash, road traffic defence specialist at Cartwright King. It could be particularly serious for sole traders or partnerships with business vehicles used by employees or other people

Previously if you were the registered keeper and failed, or were unable, to give notice of who was driving the vehicle, you faced three penalty points and a fine. The penalty points would be no worse and could be less than the driver would have received if they had been identified.

Now, when a vehicle is caught on camera, the registered keeper will still receive a letter demanding the driver's details and failing to reply will still result in a court summons and a fine. However, as from now the registered keeper will get six points. Often this will be double the points the driver would have been liable for on a simple fixed penalty speeding!

"This is an important change for motorists," warned Andy Cash. "Whilst it appears to have been brought in to catch drivers who deliberately withhold their details to avoid getting more than three penalty points for more serious speedings, it has an impact on everyone. If you let other people use your vehicle and cannot name the driver caught by a camera, you could get 6 penalty points. If this happened twice even the law-abiding motorist with a clean licence would get a six month ban for totting-up. Many average drivers with a couple of simple fixed penalty speedings will be banned the first time it catches them!"

"This will also create a real problem for sole traders or partnerships with business vehicles used by employees or other people. They will need to be rigorous about knowing who is driving at all times or face the consequences", concluded Andy. "It is essential that if people get caught in this trap that they seek early legal advice from a specialist."

Andy Cash is one of four partners in Cartwright King's expert road traffic unit that specialises in protecting drivers' licences.