CHRISTMAS PARTIES

A warning to drivers with the Christmas party season in full swing. With the Christmas party season in full swing, drivers need to be reminded about the perils of drink driving offences. Not only are there the serious dangers they can cause on the roads but there are also the legal issues they face if they are caught driving over the limit, warns Andy Cash, road traffic defence specialist at the Derby office of leading criminal defence practice Cartwright King.

Obviously being charged with being over the legal limit whilst driving is only one of a number of potential traffic offences that drivers face. Recent changes to the Road Traffic Act in relation to speed and road safety camera notices have serious implications for all drivers including those of business vehicles.

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

"So 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 happens twice even the law abiding motorist with a clean licence would get a six month ban. It means that many average drivers with a couple of simple fixed penalty speedings will be banned the first time it catches them!"

In response to the mounting volume of legislation relating to road traffic offences and the threats to motorists that this brings, Cartwright King has launched a new specialist road traffic unit to help drivers' protect their licences. Andy Cash is one of four partners in this specialist unit who already has significant experience of defending drivers in road traffic cases.

And his advice is clear. "Don't drive whilst you are over the legal limit, and make sure you keep your speed down at all times. If you have the misfortune however to be caught on camera it is essential to seek early legal advice from a specialist."

DRIVERS DEMOBILISED

On Monday 27th Feb section 26 of the well-publicised Road Safety Act 2006 comes into force. The penalty for being caught using handheld mobile phones will be increased from an on the spot fine to the imposition of 3 penalty points and a fine of up to £1000. Drivers using hands free kits could also be prosecuted under a similar provision if they are distracted and do not have proper control of their vehicle.

Ron Birkett, Associate at leading East Midlands criminal and business defence firm, Cartwright King says: “This is a big change for motorists. Being spotted using a mobile telephone whilst driving will no longer be seen as low risk.”

The increased penalty is a response to information suggesting that mobile phone use is a very significant factor in a high proportion of accidents. There is some suggestion that Police in some areas of England and Wales will allow a 2 month period when drivers will only be warned if stopped. Fixed penalties of £60 will then be offered. If the incident goes to court the maximum cost could be £1000. With speed and red light cameras, it's going to become even easier for drivers to get to 12 points, which can result in a loss of license for 6 months.

“More or less everybody has now got used to wearing their seat belts, this is not that dissimilar” said Ron “drivers will have to get used to switching off while driving or using hand free kits from now on”. not yet come into force but when they do they will carry maximum sentences.