Entering a guilty plea can be the correct approach in a number of cases, and this article will explore the instances in which you may wish to proceed with a guilty plea and the benefits of doing this.

What Is A Guilty Plea?

A guilty plea means that you accept the charge against you and agree that you committed the offence alleged. A guilty plea can be entered at any point before the conclusion of the trial, but the point at which the plea is entered can impact the sentence imposed.

Entering a guilty plea to a criminal offence should not be taken lightly, and whilst it can often be the correct decision, it is advisable that you contact a legal professional before you make your decision. In some cases, defendants may believe that they are guilty as they believe they are ‘morally responsible’ but may actually benefit from a defence and not be guilty in the eyes of the law. Considering the full facts of the case, including your own recollection of events, is a vital step in the decision-making process.

What Are The Benefits Of An Early Guilty Plea?

Early guilty pleas can be beneficial for a number of reasons. It isn’t the right option for everyone, but if you are considering pleading guilty, it might be worth sparing a thought for the following:

Faster resolution of the case

• If you are entering a guilty plea at an early stage of your case, then the matter will undoubtedly conclude much quicker than if the case was taken to trial.
• For most motoring offences, the court will proceed to sentence you either following your written response entering a guilty plea or immediately after you enter a guilty plea at court in person.
• Taking a case to trial can mean that you do not get a resolution for months on end, with many trial dates being pushed back for lack of court time or available prosecutors.

Reduced costs

• If you decide to enter a guilty plea at an early stage in the case, then it is likely that you will benefit from reduced legal costs.
• Challenging a case requires a greater level of preparation and usually court attendances and can therefore cost considerably more.

Credit

• In criminal cases, you will be given something called ‘credit’ when you enter an early guilty plea.
• The amount of credit you get will reduce the longer the case goes on and the closer you get to trial.
• The maximum credit you can benefit from is 1/3, and this credit can help to reduce fines, community orders and even custodial sentences.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is A Basis Of Plea?

Not all guilty pleas are straightforward. In some cases, you may concede that you are guilty of the offence alleged but still disagree with the facts of the case or some of the allegations made.

In many cases, there will be no benefit in raising these concerns as the facts in question may not have any material impact on the sentence to be imposed. However, some facts can be extremely important, and you may therefore wish to enter something known as a ‘basis of plea’.

Example

A good example of a basis of plea is where you concede that you are guilty of a speeding offence but do not agree with the speed being alleged. It can be useful to consider a basis of plea in this type of case as a lower speed may mean less points.

A basis of plea can sometimes be agreed with the prosecution in advance of you entering a plea. When the prosecution are not agreeable with a basis you have two options:

1. You can agree to enter a guilty plea on the facts as they are presented by the prosecution; or
2. You can proceed to a ‘Newton Hearing’ in which the court will make a decision on which facts they believe to be correct and then proceed to sentence you on those facts.

The best option for you will depend on the facts of your case and the potential impact these facts may have on the outcome and sentence. In order to determine whether there is any benefit in taking this approach you should contact a legal specialist.

The Benefit Of Mitigation

Many people will want to enter a guilty plea and attend court to present mitigation. Effectively putting forward mitigation as to either the circumstances of the offence or your personal situation can significantly reduce the penalty imposed.

Whilst there are a host of specific legal approaches that can be taken when presenting mitigation, the main factors considered by the court when dealing with motoring offences are:

• Explanations as to why the offence occurred.
  • It is always important to clarify the difference between an excuse and an explanation. If you are entering a plea of guilty there will rarely be benefit in trying to excuse your actions, however, a good explanation can go a long way in court.
• • Showing the court that you understand the severity of the offence committed and the impacts that this could (or indeed may have) had on others is very important. Sometimes, showing the court how you have taken proactive steps to ensure the offence does not re-occur can be a useful tactic.
• Clarifying the impacts of sentence on you and others
  • Many people rely on their licence for their jobs, finances, family, health and livelihoods. Giving clear and detailed evidence regarding why this is so important could be a reason for the court to reduce the sentence.

In more specific circumstances your mitigation may be presented in the form of an exceptional hardship argument or special reason.

• Exceptional hardship
  • These cases require Defendants to present mitigation regarding the impact of a ‘totting-up’ disqualification.
  • Should the court be persuaded that the disqualification would cause you or others exceptional hardship, they can use their discretion to vary the sentence they impose.
  • In most cases, a successful exceptional hardship argument will lead to the court not imposing the totting-up disqualification at all.
• Special reasons
  • A special reasons argument is generally presented where a Defendant is technically guilty of an offence but feels that the circumstances of the offence are such that they should not be punished.
  • Special reasons arguments are difficult and must be agreed upon at the discretion of the court.
  • Whilst difficult, this argument exists because there are many cases where the Defendant has reduced culpability or good reason for committing the offence.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is The Purpose Of Representation?

Not all guilty plea representation is straight forward and in many cases a Defendant could benefit from expert legal advice when approaching their case in this way.

The expertise of a legal professional can help to obtain the desired outcome, circumvent severe sentences, reduce disqualifications and in some cases avoid the sentence altogether. Should you wish to instruct Caddick Davies Solicitors we can:

• Gather any relevant supporting evidence
  • Evidence is not only relevant in defences but can play an important role in mitigation and presenting your version of events.
  • Character references, medical documents, financial records and even witness statements can be of benefit to your case.
• Prepare complex legal arguments
  • In cases where you wish to enter a basis of plea, present a special reasons argument or plea exceptional hardship there may be the need for a complex legal argument.
  • Where necessary we can prepare skeleton arguments to help direct the court and structure your mitigation in the most persuasive and legally accurate way.
• Present the case in writing or in person
  • Some cases require court attendance whilst others can be dealt with in writing.
  • In either circumstance, we can ensure that the pressure of presenting the case is taken out of your hands.

At Caddick Davies Solicitors we will always provide honest advice regarding how we can help and the impact that this may have on the sentence.

When Should You Seek Legal Advice?

In cases where you wish to obtain representation for a guilty plea, it is extremely important that you engage with us at the earliest opportunity.

Cases that are being dealt with by way of a guilty plea are generally concluded much faster and the window of time to prepare the case is therefore limited. In order to ensure that the best approach is taken, and all mitigation obtained, you should contact a solicitor the moment you are aware of any potential charge.

Generally, motoring offences are charge by way of a Single Justice Procedure Notice or Postal Requisition. In some cases, you may receive some form of conditional offer.

If you have received any of the above I would advise that you contact a legal professional for advice.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Final Thoughts – Guilty Plea Representation

Guilty plea representation is a crucial component of the criminal justice system in the United Kingdom. Without legal assistance, Defendants may not understand the benefit of mitigation or the legal arguments that could be presented in order to mitigate their sentence. A well-advised guilty plea, presented correctly by an experienced representative, can result in shorter disqualifications, reduced legal costs and even the avoidance of custodial sentences and community orders.

Motoring offences can be particularly complex, and there are a number of approaches that can be taken depending on the specifics of your case. Guilty plea representation is often misunderstood as a ‘one approach fits all’ situation, it is our view that a tailored and directed approach represents your best chance at mitigating the sentence.

Not all cases will benefit from a guilty plea. However, it is always best to consult with a legal professional about your options before making any decision.

The post Guilty Plea Representation appeared first on Caddick Davies.

Should you fail to use the licence correctly you may be committing a criminal offence. This article will provide an in-depth outline of the law surrounding the use of international licences.

Furthermore, it can be important to know what your options are should you find yourself charged with an offence when you believe you were legally driving on an international licence. The sentencing guidance, defences and mitigation available will also be covered.

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What Is An International Licence?

In Great Britain, an international licence is classed as any licence which is obtained outside of England, Wales and Scotland. This means that even Irish licences are considered to be international and ultimately form part of ‘EU licences’.

Whilst many different licences obtained in different countries are all considered ‘international’ they are not all alike. Some international licences can be used in Great Britain for longer periods of time than others.

Which Type Of International Licence Can Be Used In Great Britain?

The short answer is that you can drive a car in Great Britain on any international licence, however, the period in which you can do this varies greatly.

The first question of relevance relates to why you are in Great Britain to start with, namely:

• As a resident;
• As a visitor; or
• As a foreign student studying in Great Britain.

When the question as to why you are in Great Britain has been answered you must then consider which country your licence is from. The following table should help to clarify the manner in which your full and valid licence can be used:

For reference, the ‘designated countries or territories’ are: Andorra, Australia, Barbados, British Virgin Islands, Canada, Cayman Islands, Falkland Islands, Faroe Islands, Gibraltar, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Republic of North Macedonia, Singapore, South Africa, Switzerland, Taiwan, Ukraine, United Arab Emirates and Zimbabwe.

In order to be certain that you can drive in Great Britain on your licence, you may wish to obtain expert legal advice or alternatively use the online government website to check your eligibility: https://www.gov.uk/driving-nongb-licence

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Ukrainian Licence

 There has been a recent change regarding those who hold Ukrainian licences. The rules surrounding your ability to drive on such a licence in Great Britain varies to those detailed in the above table.

If you are from Ukraine (and have a licence from this country) you can drive for 3 years from when you became a resident if:

• You have a Ukraine Family Scheme visa, Ukraine Sponsorship Scheme visa or Ukraine Extension Scheme visa; or
• You came to the UK on a Ukraine visa scheme and then switched to a different type of visa.

 Exchanging Your Licence

 In some circumstances you may be able to exchange your international licence for a UK licence. If you are able to exchange your licence, this can be a simple solution to avoid any licencing confusion and issues you may encounter driving on an international licence in the UK.

Only residents of Great Britain can exchange their licences. You would usually be considered a resident if you live in the country for 185 days or more in each Calender year.

European Union or European Economic Area Licence

Exchanging your EU licence is generally very easy. You are required to complete a ‘D1 Form’ which can be ordered from the Driver and Vehicle Licensing Agency (DVLA) and pay a fee of £43. You will usually need to send off your current EU licence and you should expect to receive your new UK licence within 3 weeks.

Jersey, Guernsey or Isle of Man Licence

So long as your licence was issued after the 1^st April 1991, and you are a resident of Great Britain, you are able to apply for an exchange of licence using the same ‘D1 Form’ as previously mentioned. The fee is still £43 and you may have to provide certain documents to the DVLA in order to process the new licence.

A Designated Country or Territory Licence

Matters become far more complex when you have a licence from a designated country or territory. You will need to review the specific requirements of each country (and in some instances the territories within the country) to determine what steps you must take. As a standard you must still complete the ‘D1 Form’ and pay the fee if you are eligible to exchange the licence. It is also quite common for the DVLA to require proof of your licence from your domestic government or licensing agency.

Any Other Country Licence

Should you not hold a licence from one of the above-mentioned countries or territories then you will not be able to exchange your licence. You must complete your practical and theory tests in Great Britain in order to obtain this licence.

Not all countries have the same obligations and it can therefore be useful to review the government portal which clarifies your entitlement to exchange a licence:

https://www.gov.uk/exchange-nongb-driving-licence

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What Offence Could I Be Committing?

 If you are caught driving on an international licence outside of the permitted guidance then you are likely to be charged with an offence of driving otherwise than in accordance with a licence. This is a serious offence which can lead to the imposition of 3-6 penalty points and a fine.

For more information regarding this offence please see the following article: Driving other than in accordance with a licence.

In addition to the above, it is common for drivers to also be prosecuted for driving without a valid policy of insurance. This charge can be brought when the insurance is considered ‘void’ owing to the incorrect licence. Failing to hold the correct licence will usually invalidate any policy of insurance you may have purchased. Once again, this is a serious offence for which the penalty can range from 6-8 points to a disqualification of up to 12 months.

For more information regarding this offence and potential defences please see the following article: Defences to Driving without Insurance

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What Defences Are Available?

As with most motoring offences, driving without the proper licence and without insurance are strict liability offences.

This means that the defences available to you are limited.  For the most part you will only be able to defend the charge of driving otherwise than in accordance with a licence if you can show that you did in fact adhere to the rules, regulations and laws surrounding licensing.

In situations where you are driving on an international licence this will usually require you to provide:

• Your date of entry into the country.
• That you hold a valid international licence from your home country.
• That you have complied with any other requirements (such as having your licence translated by an accredited agency).

The offence of driving without insurance is similarly strict. One potential defence could be presented if you can obtain a letter of indemnity from your insurer. Some insurers will be willing to write a letter confirming that you would have been covered by the policy of insurance at the time of the alleged incident. This would usually be done in cases where the error was minor or administrative in nature. A letter of this nature could be presented as a defence.

Mitigation

 Owing to the strict nature of the offences the most practical approach can often be one of mitigation. Mitigation can aid in the reduction of the sentence and in some instances the avoidance of a driving disqualification.

In circumstances where you are charged with both an offence regarding your licence and an offence relating to insurance you may also be able to argue that you be sentenced in totality. Once again this is done to reduce the overall sentence imposed. Totality is the principle that an offender should be sentenced for the overall offending rather than for each offence in its own right. This is particularly relevant when it appears as though one offence triggers the commission of a second.

Finally, there are many circumstances surrounding the commission of the above offences which may be considered ‘special reasons’. Special reasons arguments are a Defendants opportunity to explain why the offence occurred to the court and why they should not be punished as a result of this. Special reasons arguments can be complex and difficult to present, it is therefore advisable to contact a legal professional for advice on whether you may be able to put this argument forward.

You may wish to consider the content of our article on special reasons: Mitigating Circumstances to a Driving Ban.

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Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What To Remember When Driving In The UK

 There are a couple of factors which should always be considered when driving in the UK:

1. Driving Age: To drive in the UK, you must be at least 17 years old, regardless of your international license status.
2. Insurance: It is mandatory to have insurance when driving in the UK. Make sure your insurance covers you while driving with your international license.
3. Traffic Laws: Familiarise yourself with UK traffic laws, including speed limits, road signs, and driving on the left side of the road.
4. Car Registration: If you plan to own a vehicle in the UK, it must be registered and taxed accordingly.

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Conclusion

Driving on an international licence is common practice in Great Britain. Unfortunately, the rules surrounding this are not widely known or advertised. It is extremely important to familiarise yourself with the DVLA criteria so that you can be sure you are compliant.

If you find yourself falling foul of the requirements it is advised that you contact a legal professional for advice. You could be at risk of penalty points a fine and even a disqualification from driving in Great Britain.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

The post Driving On An International Licence – The Do’s And Don’ts appeared first on Caddick Davies.

This would require a further hearing in the court that sentenced you to the disqualification. An application must be put forward, seeking to convince the court that the disqualification should be lifted early.

Expert Legal Guidance For Removing Disqualifications Early 

At Caddick Davies Solicitors, we understand the impact that a disqualification from driving can have. The below article will hopefully advise you as to how you can have the disqualification lifted. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0333 443 2366 for a free consultation.

We can help you understand the process and explore the application. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

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Earliest Date For Making Application

A court can only remove a disqualification from driving before the end date if you have served a certain period of that disqualification.

You can therefore make an application to remove the disqualification early if you have served:

1. 2 years – if the disqualification is for less than 4 years.
2. Half of the disqualification – if the disqualification is less than 10 years but not less than 4 years.
3. 5 years – in any other case.

What Disqualifications Does This Not Apply To?

A disqualification, consequentially, cannot be removed early if it is for 2 years or less.

Therefore, in most “totting up” disqualification cases, you will not be able to apply to have the disqualification lifted.

What Is The Procedure?

In order to make an application for the early removal of your driving disqualification you must contact the court that imposed the disqualification and request a hearing for that application to be considered.

The application can only be considered, and therefore a hearing date set, once the earliest date (as set out above) has passed, and no sooner.

What Does The Court Take Into Consideration

In determining whether to remove a disqualification from driving earlier than the end date originally set, the court will take into consideration the below factors:

1. The character of the person disqualified and his conduct subsequent to the order and;
2. The nature of the offence and;
3. Any other circumstances of the case.

Character Of The Person Disqualified And His Conduct Subsequent To The Order

The Court will take into consideration the character of the person subsequent to the disqualification being imposed. They will therefore look at:

1. Compliance with the disqualification from driving e.g. no charges for driving whilst disqualified.
2. Compliance with any other court order e.g. no breach of a community order.
3. The persons character including any offences committed prior to the offence in question and any further offences committed since.
4. Any positive steps the person has taken to rehabilitate.

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Nature Of The Offence

The Court will take into consideration the nature of the offence before considering whether the disqualification should be lifted. An offence that is considered more serious, with multiple aggravating features is less likely to warrant the early removal of the disqualification. Mostly presumably because the disqualification imposed was reflective of the culpability and harm involved, and the seriousness of the offending level.

The Court will often look at the below:

1. Any injuries caused, and the seriousness of those injuries.
2. Any damage caused, and the level of damage.
3. The level of remorse shown by the offender.
4. Whether blame was passed onto someone else by the offender.
5. Whether the offender pleaded guilty or not guilty.
6. The level of culpability of the offender.

The more serious offence, the harder it will be to convince the court to remove a disqualification.

Any Other Circumstances Of The Case

The Court will take into consideration anything else that is raised by the person making the application. Most commonly, this will be related to the consequences that a disqualification is continuing to have on:

1. Impact on a person’s employment, career or business (including employees of that business).
2. Impact on a vulnerable person, including any caring responsibilities.
3. Impact on children.
4. Impact on housing and financial stability.

This factor is about demonstrating to the court that if the disqualification were to be lifted, it would have a positive influence on something in the offender’s life or the lives of those around them.

If it can be demonstrated that a disqualification is having a direct impact on a persons ability to rehabilitate, then this will be an important consideration of the court.

How To Prepare For An Application

In order to prepare for an application, it is important to have references from those that can comment upon:

1. The character of the person since the disqualification was implemented.
2. How the disqualification being lifted would positively influence the offender’s life or the lives of those around them.
3. How the disqualification is having a negative impact on their life or the offender’s life.

If a person has been disqualified consequent of an offence of drink or drug driving, evidence that a person has been abstinent from drinking or taking drugs may be useful evidence to demonstrate to a court that a person has rehabilitated and that no further offences will take place e.g. drink or drugs test results.

Can I Drive As Soon As The Disqualification Is Lifted?

No, you cannot drive as soon as the court have ordered for the disqualification to be lifted. You must re-apply for your driving licence, and where required, comply with any requirements for a medical assessment or an extended re-test.

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Getting Licence Back If Application Is Successful

If you are successful in your application to the court, you must still re-apply for your driving licence. When a disqualification from driving, in excess of 56 days, is implemented, you are required to surrender your driving licence to the DVLA. When the disqualification is over, you cannot return to driving until your driving licence is re-instated.

Upon a successful application for the early removal of your driving disqualification you must then apply to the DVLA for a new driving licence. You can do so by obtaining a D1 application form from the post office and returning the completed form to the DVLA.

When the DVLA have processed and authorised the return of your driving licence and have issued the licence to you in the post, you will then be able to return to driving.

High Risk Offenders

If you have committed an offence that means you qualify as a “high risk offender” then you will be required to undergo further medical assessments with the DVLA as part of the re-application process.

You will be classes as a high risk offender in one of the following circumstances:

1. If you have committed a second drink driving offence within 10 years.
2. If your alcohol reading was at least 87.5 microgrammes of alcohol per 100ml of breath.
3. If your alcohol reading was at least 200 microgrammes of alcohol per 100ml of blood.
4. If your alcohol reading was at least 267.5 microgrammes of alcohol per 100ml of urine.
5. If you refused to provide a specimen of breath, blood or urine.

In these circumstances, the DVLA may be concerned that the offender has been misusing alcohol or drugs or has been/is dependant upon them. In those circumstances the DVLA must investigate further to ensure that the offender is safe to be allowed to drive on the road.

The DVLA will require:

1. A blood test and examination by a DVLA doctor.
2. Input from your GP regarding any historical issues with drugs and/or alcohol.
3. A self-declaration as to any issues with drugs and/or alcohol and confirmation as to weekly consumptions.

The DVLA has a right, and indeed an obligation to revoke a person’s driving licence, or reject an application for a person’s driving licence, if they are satisfied that the person concerned is suffering from alcohol/drugs misuse or dependency.

If you are struggling to get your driving licence re-instated for the above reasons, then please contact the office on 0333 443 2366 for a free consultation with a specialist in our DVLA medical revocation team.

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Extended Re-Test

Some driving offences, in addition to a disqualification from driving, will require the offender to undergo an “extended re-test” with the DVLA, prior to their driving licence being re-instated.

The court have a discretion to impose an extended re-test for the below offences:

1. Causing death by careless driving.
2. Causing serious injury by careless driving.

However, for the below offences, the court must order an extended re-test:

1. Dangerous driving.
2. Causing serious injury by dangerous driving.
3. Causing death by dangerous driving.

If an extended re-test with the DVLA has been ordered, then this must still be completed. If a disqualification is lifted early, the test still must be undertaken. The court cannot make an order for the re-test to be removed.

What If A Prison Sentence Was Imposed?

If a prison sentence was imposed alongside the disqualification from driving, the Court would have extended the disqualification from driving to account for the prison sentence. The rules for applying for the removal of the disqualification therefore differ.

It can be difficult to navigate the exact point that a disqualification can be lifted in such circumstances. For further guidance please contact our office and speak with a specialist on 0333 443 2366.

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Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases and presenting mitigation in court in order to secure the early removal of a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in such circumstances.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0333 443 2366.

The post How To Remove A Disqualification From Driving Early? appeared first on Caddick Davies.

1. If you were over the specified legal limit for alcohol;
2. If you were driving a motor vehicle; and
3. If you were driving on a road or in a public place.

This leaves little room for an explanation or indeed a review of your fault and moral culpability. The court are aware of the ‘strict’ nature of this offence and as such they allow for special reasons arguments to be made. A special reasons argument, if successful, can lead to the court either reducing or not imposing a driving disqualification.

This article should help to clarify all you need to know about what a special reasons argument is and how it can be used in drink driving cases.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

What Is A Special Reasons Argument?

A special reasons argument is an explanation of the circumstances surrounding the offence and the reasoning as to why it occurred. Importantly, a special reasons argument is not a defence.

An argument of this nature is often deployed when you may be technically guilty of drink-driving but not morally culpable. Importantly, a special reasons argument must comply with the leading authority in the case of R v. Wickens (1958) in that it must:

• Be a mitigating or extenuating circumstance;
• Not amount to a defence to the charge;
• Be directly connected with the commission of the offence;
• Be a matter which the court ought to properly take into consideration when imposing sentence.

The burden of proof is on the driver and you must therefore persuade the court that your case fulfils the above requirements.

What Is The Benefit Of A Special Reasons Argument?

Drink-driving is a serious criminal offence that can lead to long driving disqualifications, fines, community orders and even custodial sentences.

Drink-driving offences come with a mandatory driving disqualification of 12 months and dependent on the reading can reach up to 36 months for a first-time offence. Special reasons are therefore very useful in either reducing or avoiding the driving ban.

Many people rely heavily on their licence for work or other family commitments and therefore maintaining an ability to drive is vital. Of course, regardless of the potential benefits there must still be a basis on which the special reasons argument is brought.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

What Are Examples Of Special Reasons Arguments?

There is no set list of circumstances which do and do not constitute special reasons in drink driving cases. However, there are a number of examples which have developed over the many years this argument has been used, specifically:

1. Spiked Drinks

In some instances, a person may be found over the specified legal limit of alcohol as a result of unwitting consumption. This may be the result of a malicious spiking of your drink or a more harmless error made by a friend who poured the drink for you. This special reason has been successfully raised on the basis that the defendant has a lack of intent and ultimately lower culpability.

To successful argue this special reason you must demonstrate:

• That your drink was genuinely spiked
• That you were unaware that your drink had been spiked
• That you were only over the legal limit as a result of the alcohol consumed from the spiking of the drink
• That you would not have driven had you known your drink was spiked

What supporting evidence would strengthen my case?

• Witness evidence from those with a first-hand account of the spiking (i.e. the friend that accidentally gave you the wrong drink).
• Footage of the spiking of the drink.
• Expert toxicology report showing that you were only over as a result of the spiked alcohol.

It is certainly relevant to note that spiked drinks arguments are unlikely to be successful if the alcohol reading is high. It is improbable that the court will accept you were unaware that you had been spiked (or were over the legal limit) if you would have likely felt the effects of the alcohol.

1. Short Distance Driven

Another common special reasons argument is that the distance driven whilst over the legal limit was so minor that it would not be in the interests of justice to punish you. Evidence of a short distance driven clearly reduces the risk that you posed to other road users and the overall harm of the offence.

The case of Chatters v Burke [1986] outlines the seven matters to consider in shortness of distance driven cases:

• How far the vehicle was driven;
• In what manner it was driven;
• The state of the vehicle;
• Whether the driver intended to go further;
• The road and traffic conditions prevailing at the time;
• Whether there was a possibility of danger by coming into contact with other road users or pedestrians; and
• What the reason was for the car being driven.

What supporting evidence would strengthen my case?

• Your own witness evidence and credibility in court.
• Accurate calculation and images of distances and the location in which you travelled.
• Supporting witness evidence from anyone aware of the circumstances in which the vehicle was driven.

Whilst ‘short distance’ is not defined, it can be said that the court would usually expect to see a distance of metres rather than miles. A large number of these cases occur when a vehicle owner is asked to move their car as it is causing an obstruction or danger.

1. Driving In An Emergency

Driving in an emergency situation is a special reasons argument that is used in a whole manner of motoring offences from speeding to driving without insurance. Should you be driving, whilst over the specified limit for alcohol, in order to combat an immediate medical emergency there may be scope to argue this as a special reason.

The court have previously referenced the importance of:

• The emergency being genuine and unavoidable.
• The emergency not being one that could have been anticipated.
• There being no other alternative to driving.
• The driving being as minimal as possible.

What supporting evidence would strengthen my case?

• Medical records which indicate any medical emergency that occurred.
• Witness evidence from anyone involved with the medical/genuine emergency.
• Evidence of any prior attempt to find an alternative to driving.

The question in ‘emergency’ cases is not whether the action was understandable but whether there was not alternative due to the emergency. If calling an ambulance or travelling by way of public transport was a reasonable alternative you are unlikely to be successful. It is also important to note that emergency situations are not confined solely to ‘medical’ emergencies, although these are the most common.

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General Factors Considered with Drink Driving Offences.

There are a number of specific considerations that the court may have in each individual special reasons case. Alongside the specific considerations there are also more general factors which will likely be of impact in every special reasons argument presented.

Credibility

As most of these arguments rely on believing your version of events it is extremely important that the evidence you provide is credible and believed by the court. Your credibility will be considered when you give evidence under oath but may also be impacted by your previous offending history. Should you have any previous dishonest offences or convictions of a similar nature the court may not be inclined to believe your evidence.

Risk

As special reason arguments often imply a reduced presence of risk, the court would look to evaluate the circumstances of your case and whether any road users or members of the public were in danger of harm as a result of your actions. Driving in populated areas, in busy traffic or whilst highly intoxicated would lead the court to view your actions as higher risk and less likely to be a special reason.

Intention & Knowledge

As with risk, the court will consider the drivers state of mind as this is pivotal in helping the them determine culpability. If you knew you were over the legal limit or you intentionally disregarded the risks posed by your actions the court is less likely to find in your favour.

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Is There Any Risk In Raising A Special Reason?

When raising a special reasons argument there is no guarantee that you will be successful. The outcome of the case will depend on the discretion of the court and whether they are of the view that you have fulfilled the criteria as it is set our in R v Wickens (1958).

However, as you must enter a plea of guilty in order to raise a special reason, there is no risk that you will lose credit by making this argument. Should you be unsuccessful with your special reasons argument you would be free to proceed with further mitigating any sentence wherever possible.

In presenting a special reasons argument you may ultimately incur additional costs. These may arise due to increased prosecution costs brought about by the attendance of witnesses or provision of expert evidence both by the prosecution or on your behalf as the defendant.

There is also the consideration that your case may take longer to conclude when proceeding with a special reasons argument compared to simply dealing with sentence at the first opportunity.

Of course, a number of risks will come with any approach that you decide to take. It is always best to seek the advice of a legal professional as to what the best options in your case are and to help you evaluate the strength of your special reasons argument.

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Conclusion

Drink driving is clearly a serious criminal offence, but it is important to know that there are ways to argue for leniency with the court, with special reasons. If successful, a special reasons argument could help you avoid the mandatory driving disqualification that would otherwise be imposed and even reduce any financial penalty.

Special reasons arguments are, however, very difficult to prove. The court maintains a high threshold when considering these cases and they are very conscious to not ‘open the floodgates’ for arguments that are anything but compelling. Navigating the complexities of a special reasons argument can be extremely difficult and it is therefore advisable that you seek legal advice if you believe you would benefit from this argument.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

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It can be extremely important to know when and how you may be charged with ‘unfit offences’ and importantly what the prosecution must prove in order for you to be found guilty. This article should help to clarify all you need to know about and detail the options available to you.

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How Can I Be Charged With an Unfit to Drive Offence?

Most cases of driving whilst unfit begin when an officer stops you on a road or in a public place and suspects that you may be under the influence of either drugs or alcohol. As expected, the stop will usually arise out of some moving traffic violation or a ‘tip’ to the police provided by a member of the public.

After you have been stopped it is common for the police to arrest you and take you back to a police station for evidential specimens of breath, blood or urine to be taken. This can sometimes be proceeded by a roadside test but this is not a requirement.

After you have been processed at the station the police will often release you pending an investigation or having charged you with the offence already.

What Do The Prosecution Need To Prove to show I was Unfit to Drive?

So, you have been arrested and charged with an offence of driving whilst unfit through drink or drugs, but what do the prosecution actually need to prove?

The elements of this offence are as follows:

1. Driving or attempting to drive a motor vehicle

• It is a requirement for the prosecution to prove that you were driving or attempting to drive a motor vehicle. Whether you are ‘driving’ the motor vehicle is a question of fact dependant on the control you have over the direction and movement of the vehicle.
• In reality, if you have been stopped by an officer at the roadside there will be little difficulty in the prosecution proving that you were driving the vehicle.

2. On a road or public place

• The driving must also occur on a road or public place, in other words you are not committing the offence if you are on private land.
• It is important to note that car parks, forecourts and other locations that the general public have access to are likely to fall under the heading of ‘public place’.

3. Whilst unfit

• Usually, the most difficult aspect of this offence to prove is that you were unfit to drive.
• In order for this to be proven it is necessary for the prosecution to show that “your ability to drive properly is for the time being impaired” as per Section 4(5) of the Road Traffic Act 1988.
• There are a number of ways in which the Prosecution may look to prove impairment and these will be considered in more detail later in the article.

4. Through drink or drugs

• Finally, the prosecution must not only prove that you were unfit but that this was as a result of drink or drugs in your system.
• It is for this reason that evidential specimens of breath, blood or urine are almost always taken in cases of this nature.

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How Does The Offence Change If I Am ‘In Charge’ Of The Vehicle?

‘Unfit offences’ are contained within Section 4 of the Road Traffic Act 1988. Section 4(1) creates the offence of driving or attempting to drive whilst unfit through drink or drugs. Similarly, Section 4(2) creates the offence of being in charge of a motor vehicle whilst unfit to drive.

The only difference is that under Section 4(2) the prosecution only needs to prove that you were ‘in charge’ of the vehicle and NOT that you were driving. This is yet another question of fact and the following circumstances will often be taken into account when deciding if a person is in charge of the vehicle:

• Whether and where he was in the vehicle or how far he was from it;
• What he was doing at the relevant time;
• Whether he was in possession of a key that fitted the ignition;
• Whether there was evidence of an intention to take or assert control of the car by driving or otherwise; and
• Whether any person was in, at or near the vehicle and, if so, the like particulars in respect of that person.

It is important to note that the sentencing guidance varies depending on whether you are convicted under Section 4(1) or 4(2). The sentence ranges will be discussed in more detail throughout this article.

How Will The Police Test If I Am Unfit?

There are many ways that the prosecution may look to prove you were unfit, regularly relying on the circumstances of the initial police stop.

In cases where there is evidence of erratic driving or an accident, this may be used to support an allegation that you were unfit to drive. Further to this, your manner at the time of the alleged offence will also be of importance. Defendants who are unable to stand, appear to be falling asleep or act dazed and confused may be seen as unfit.

Some cases may be brought based upon your manner of driving or indeed your general demeanour, however, it is expected that the police will conduct a preliminary test to determine impairment.

The preliminary tests can include, but are not limited to:

1. The Walk and Turn Test

For this test, you must walk in a straight line, heel–to– toe, for a total of 9 steps away from the officer. Then, you are to turn around and repeat the test, but this time walking in the direction of the officer.

1. The Balance and Judgement test, also known as The Modified Romberg Test

The Modified Romberg Test is carried out to measure a person’s sense of balance. The test focuses specifically on the dorsal column of the spinal cord. During this test you must stand still, tilt your head back and count to thirty seconds. Alongside testing your balance, this test also checks your judgement of time, both of which can be impaired by drink/drugs.

1. The One Leg Stand Test

This test is fairly self-explanatory; you must stand on one leg and count out loud. Officers use this test to establish your sense of balance, as intoxicated individuals often sway unknowingly or loose balance.

1. The Pupil Measurement Test

This test measures not only the size of an individual’s pupils, but also their condition and the pupil’s reaction to light.  This test is carried out as most illegal substances cause pupils to shrink or enlarge, once the substance enters the individual’s blood stream. These changes are checked against a card, by an officer, to indicate abnormalities.

1. The Finger To Nose Test

This test focuses on establishing whether an individual’s co-ordination is affected by drugs or alcohol. During this test, the individual will be asked to tilt their head back with their eyes closed and then touch their finger to their nose, using the hand specified by the officer.

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You may also be interested in our Dangerous Driving legal  page

How Does This Differ From Drink Or Drug Driving?

Whilst there are a number of similarities between this offence and the offences of drink or drug driving there are two main differences.

Firstly, the police must obtain an evidential reading which shows you are over a specified legal limit for either alcohol or drugs. For unfit offences there is no such requirement, you may be below the legal limit and still be charged.

Secondly, for drink or drug driving offences there is no need for the prosecution to prove that you were impaired, being over the legal limit is enough. In direct contrast to this, you can only be convicted of an unfit offence if it can be proven that you were impaired owing to the alcohol or drugs.

This allows people to be charged in cases where there is no legal limit for the drug identified (i.e. certain prescription medication) or even where you provide an alcohol reading which is below the legal limit.

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Can I Defend Against This Charge?

You are able to defend against this charge in many of the ways that drink or drug driving charges can be defended. Most commonly:

• You may dispute having driven the vehicle (or been in charge of it);
• You may wish to argue that you were on private land; or
• You may dispute that there were any drugs or alcohol in your system at all

As previously mentioned, it is also extremely important that the prosecution prove you were impaired as a result of drink or drugs. In this regard it is not enough to simply prove that you failed a preliminary test (impairment test). There can be many reasons for failing a preliminary test and these can be presented to the court in defence of your case. Examples of potential reasons include:

• Having a medical condition which impacts your ability to walk or balance.
• If you were involved in a collision and sustained an injury which effects your mobility.
• If you suffer with anxiety or another mental health condition which can impact your cognitive abilities.
• Being impacted by the environment or weather (raining, windy, unsteady ground etc).

Similarly, should the prosecution be looking to rely on your standard of driving as evidence of impairment there may be valid reasons to explain your driving to the court:

• If you swerved to avoid an animal or obstruction in the road.
• If the collision occurred as a result of another driver.
• If there has been a mechanical fault with your vehicle.
• You were tired or had a lapse in concentration.

It is important that you obtain legal advice when charged with an unfit offence as proving the necessary elements of the offence is not always clear cut and your case could be defended.

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What Is The Sentence for being Unfit to Drive?

As above, the sentencing varies depending on whether you were driving (or attempting to drive) or were simply in charge of the vehicle.

Driving or Attempting to Drive

• You will receive a disqualification from 12-36 months for first disqualifications and 36-60 months for second disqualifications (if you have been disqualified in the last 10 years for a relevant offence).
• Alongside the driving disqualification you will receive either a fine, community order or custodial sentence.

In Charge

• The starting point is 10 penalty points but for more serious cases the court can consider imposing a driving disqualification.
• Once again, you would receive either a fine, community order or custodial sentence alongside the penalty points or driving ban.

When considering sentence the court will also consider the culpability and harm involved in your case. Should you have higher culpability or higher harm then the court would usually increase the sentence. Higher culpability is established if you are driving for hire or reward, you are in charge of a goods/public service vehicle or there is a high likelihood of driving (for in charge cases). Higher harm is determined solely by any evidence of a ‘high level of impairment’.

Alongside the above considerations the court will also take into account any additional mitigating or aggravating factors.

Charged with an Drink Driving Offence?

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Conclusion

Driving/Attempting to drive or being in charge of a motor vehicle whilst unfit is frequently used as fall-back charges when the police fail to obtain an evidential reading above a legal limit (for drink or drugs). Naturally, these charges can be harder for the prosecution to prove and can fail on solely on the basis that the police did not carry out sufficient impairment testing.

The specific circumstances of your case will need to be considered in detail before determining whether you have a defence to this charge. It is therefore advisable that you contact a motoring specialist to obtain further advice.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

You may also be interested in our article Death by Dangerous Driving.

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The Highway Code clearly defines the difference in speed limits for any vehicles such as motorhomes, coaches, buses and motorbikes. It is important to note that the speed limit designated to any road is the maximum speed you should be travelling at and not an average speed.

Legislation for Speeding Offences

Travelling in excess of the speed limit is an offence under the Road Traffic Regulation Act 1984.

If you are caught driving in excess of the speed limit, you are subject to a sentence ranging from penalty points to a driving disqualification. The potential sentence you receive will be dependent on how grossly in excess you were exceeding the speed limit.

Please see below the general remit of the Magistrates Sentencing Guidelines. It is important to note that these guidelines are a starting point for all offenders and are not taking in to consideration any aggravating or mitigating factors.

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How will I know if I have been caught speeding?

If you have caught speeding by a speed camera, hand held device or a police officer; you may be pulled over by a police officer at the time of the offence or you will receive a Notice of Intended Prosecution (NIP)/ Section 172 Notice. The Notice of Intended Prosecution will be sent to the registered keeper of the vehicle at the vehicles registered address. This Notice will outline the date and time of the offence and may provide you with further details of the alleged offence. You will then need to respond to this notice nominating the driver at the time the offence was committed. Dependant on the severity of the offence, you will then either be offered a speed awareness course, conditional offer of fixed penalty or in more serious cases  – be summonsed to Court.

When is speeding permitted?

Speeding is permitted for emergency vehicles such as police vehicles, ambulance/paramedic vehicles and fire engines. This is to ensure that the forementioned vehicles are able to conduct their role as emergency response workers. However, this does not extend freely to lay persons in an emergency situation.

Speed limits are set at the limit deemed safe to travel on the road in question, taking into consideration the vicinity of pedestrians, schools and in areas with a high volume of traffic. Travelling in excess of the speed limit can pose significant risk to pedestrians and other drivers.

However, if you have been caught speeding in circumstances where an emergency took place, you may be able to advance a Special Reasons Argument on this basis.

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What is a Special Reasons Argument?

A Special Reasons Argument is a legal argument which can be advanced if you have mitigating or extenuating circumstances, that would not amount to a full defence in law, but that the Court ought to have consideration of.

The criteria for a Special Reasons Argument was established in R v Wickens (1958) 42 Cr App R 436 (CA). Pursuant to Wickens, for a matter to be defined as a special reason it must :

• Be a mitigating or extenuating circumstance
• Not amount in law to a full defence
• Be directly connected with the commission of the offence
• Be a reason which the court ought properly to take into consideration when imposing a sentence

What if I was Speeding as a Result of an Emergency?

The most common Special Reasons Argument for an offence of speeding, is where the speed limit has been broken in the event of a genuine emergency. The is further defined in the case of Whittal v Kirby [1946].

Please see below a number of example where a Special Reasons Argument may be used in this circumstances:

• Driving a friend or family member to the hospital in an emergency

If at the time of the alleged offence you were transporting a friend or family member to a hospital, you may have a Special Reasons Argument. However, for this argument to have realistic prospects of success, it will strengthen your case if you can evidence the following:

• The situation was an emergency
• At the time the offence was committed you were on the way to the hospital and not making any other stops
• You had contacted emergency services prior to the commission of the offence and have a good reason as to why you did not wait for emergency services to arrive. For example; if there was an excessive wait for an ambulance and the situation was critical.
• You had a good reason for not contacting emergency services. For example; if you were only a very short distance from the hospital and the situation was critical.
• If the person you were transporting the hospital has a pre-existing condition you can evidence this and provide a supporting statement.

• Driving a partner to the hospital who’s water has broken or is in labour.

If at the time of the alleged offence you were transporting your partner to the hospital who was in active labour, you may have a Special Reasons Argument. For this argument to have the strongest prospects of success, you would need to evidence the following:

• You partner was either in active labour or genuinely believed she was.
• You can evidence that you attended the hospital and either your child was born or your partner received alterative medical advice – such as Braxton Hicks
• At the time the offence was committed you were on the way to the hospital and not making any other stops
• You had contacted emergency services prior to the commission of the offence and have a good reason as to why you did not wait for emergency services to arrive. For example; if there was an excessive wait for an ambulance.
• You had a good reason for not contacting emergency services. For example; if you were only a very short distance from the hospital and you were concerned about your baby/partner
• Your partner can provide a supporting statement or attend Court to confirm the same

• You were rushing to see a relative you had been informed was dying at the hospital or in care.

If at the time of the alleged offence you were speeding in order to visit a family member or friend, whom you had been advised did not have long left and had you not committed the offence you may have been unable to see – you may have a Special Reasons Argument. However, this specific reason is more difficult to run successfully than others.

For this argument to have the strongest prospects of success, you would need to evidence the following:

• You can evidence that you attended the hospital or a care facility on the date/time the offence to facilitate the visit
• At the time the offence was committed you were on the way to the hospital or care facility and not making any other stops
• You had been contacted by someone who notified you of the immediate need to attend immediately. It would further strengthen your argument if this person is willing to provide a supporting statement of the same.
• You would have surely missed seeing this person had you not driven beyond the specified speed limit
• You can provide supporting statements from friends/family further evidencing the circumstances surrounding the offence

• You were suffering from a medical condition yourself and needed to urgently get home/to hospital or to a rest room

If at the time of the alleged offence, you were suffering from the symptoms of a medical condition you or one of your passenger’s suffered from and you drove beyond the specified speed limit as the person had an immediate need to relieve themselves, you may be able to advance a Special Reasons Argument.

For this argument to have the strongest prospects of success, you would need to evidence the following:

• You can evidence that you or your passenger has a pre-existing condition and was suffering from the symptoms of this at the time of the offence.
• You can evidence any details of this condition/prior medical appointments
• At the time the offence was committed you were only a short distance to your destination, whether than be a public restroom or your home.
• It would not have been appropriate and or required to telephone emergency services for assistance
• You’re or the person in question, would have either soiled themselves or been in extreme discomfort/pain had you not taken this action
• You can provide supporting statements from any passengers in your vehicle or the person in question . It would also be helpful if this person could attend Court to assert the same

Please note the above notes just a few examples of emergency situations where a Special Reasons Argument can be used. We would always recommend taking legal advice from a motoring specialist if you believe you may have a potential argument.

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What are the potential outcomes of a Special Reasons Argument

If your Special Reasons Argument is accepted, you will still receive the conviction, as you will have plead guilty to the offence. For a speeding offence, this conviction will not appear on a criminal record, but may still be visible on an enhanced DBS check.

When a Special Reasons Argument is accepted by the Court, you will generally receive no penalty points, disqualification or financial penalty. However, this is completely discretionary and the Court have the option to accept your argument and sentence you to a reduced amount of penalty points and/or fine. This can be helpful for example if you are new driver and were initially subject to six penalty points, as the Court are able to sentence you outside of the guidelines if the argument in accepted.

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Conclusion

If you have been charged with a speeding offence as a result of an emergency situation, we would advise telephoning our office for a free initial discussion with one of our motoring specialists. You can contact out office for a free consolation on 0151 944 4967 or info@caddickdavies.co.uk.

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Yes, the police can utilise dash cam footage as evidence to prosecute you for a motoring offence. Many people are under the impression that videos taken or captured by members of the public cannot be used to prosecute them, as they are not someone of authority such as a police officer, but this is untrue.

As the advancement of technology progresses, so does our usage of these devices. Over the last couple of years, police forces have seen an increase in the amount of dash cam video footage received.

Expert Legal Guidance for Dash Cam Prosecution Cases

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. If you are facing a charge as a result of dash cam footage, we can help you to understand the process and explore all available defences and mitigating circumstances that could potentially reduce the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for more detail on dash cam footage and prosecution

What Is Dashcam Footage And How Is It Used? 

Dashcam footage refers to video recordings captured by cameras mounted on vehicle dashboards or windshields, commonly known as “dash cams.” This footage can record events happening in front of the vehicle while driving.

Police forces are increasingly receiving and utilising dashcam footage submitted by members of the public that depict alleged motoring offences committed by other drivers. This includes clips showing road users breaking the law.

For example, West Midlands saw an increase in dash cam footage received from 2,245 submissions in 2020, to 5,625 submissions in 2022. The use of dash cam footage on UK roads to record yourself and other drivers is completely legal and no special permission is required.

Some Key Points About How Dash Cam Footage Is Used:

• Police can receive dashcam clips via phone, email, online portals (like the National Dash Cam Portal in the UK), or direct uploads to police websites.

• When submitting footage, the person usually has to make a statement confirming they will provide evidence and testify in court if needed.

• Police review submitted footage to determine if there are grounds to prosecute the alleged offending driver for violations like dangerous driving, running red lights, using a mobile phone, etc.

• If prosecuting, police must notify the vehicle’s registered owner with a “Notice of Intended Prosecution” within 14 days of the alleged offence occurring.

•  Dashcam footage meeting admissibility criteria can then be used as key evidence if the case proceeds to court, especially if it shows the defendant driving without due care or crossing solid white lines for example.

In summary, the increasing prevalence of dashcams has provided a new source of potential evidence for police to identify and prosecute driving offences captured on video by other motorists.

How Do Police Receive Dash Cam Footage?

Police receive dash cam footage of alleged driving offences in various ways, including; phone calls, emails, online portals like the National Dash Cam Portal, and direct uploads to police websites.

Before submitting footage, individuals will be asked to complete a section 9 statement, in accordance with s16 The Criminal Procedure Rules 2020 and s9 Criminal Justice Act 1967. Without this statement, police may not be able to prosecute the alleged offender.

The National Dash Cam Portal has received over 54,000 video uploads since 2020 from dash cams, phones, and other camera sources. Many of these uploads come from other road users concerned about safety. While police previously lacked evidence for public allegations, dash cams now provide recordings that can lead to prosecutions, even when drivers don’t notice civilian cameras recording their offences.

How Do Police Decide Whether Or Not To Prosecute?

After receiving dash cam footage, a police officer reviews it to decide if there is enough evidence to prosecute the alleged driving offence. The officer considers both the video footage itself and any supporting statements provided.

The responsibility of proving any offence always falls with the police or CPS. This includes using footage from the public domain to show a driver was breaking the law. They must therefore determine if they should proceed with charges based on the evidence. If the reviewing officer believes the footage is insufficient or not likely to result in a successful prosecution, they may choose to take no further action or issue a warning to the alleged offender.

If police decide to prosecute based on the dash cam video, they must notify the vehicle’s registered owner of the intended prosecution within 14 days of when the alleged offence took place. This notification is sent requesting the name of who was driving the vehicle at that time.

For sole vehicle owners, identifying the driver is straightforward but if the vehicle is shared, providing the driver’s name can get complicated. It’s crucial to respond before the time limit expires, as failing to identify the driver can itself result in an additional charge carrying 6 penalty points and a fine up to £1,000 – potentially more severe than the original alleged offence.

Can Dash Cam Footage Be Used In Court?

Yes, dash cam footage can be used in Court, especially in cases where the police have made the decision to prosecute over dash cam footage received. This includes footage showing drivers breaking the law by driving without due care for example.

If charges are contested, the dash cam footage will likely be played at court to assist the Judge with making their decision. It is important to note that even if the footage is used to prosecute you for an offence, you will still have the opportunity to present a defence.

What Footage Would Be Deemed Admissible?

Not all dash cam footage is admissible. Even if the police or CPS proceed with prosecuting you for the alleged offence, it is always worth obtaining legal advice to access any potential defences you may have.

As a general guide dash cam footage must fulfil the below criteria to be used as evidence or deemed admissible.

• The footage does not need to show the driver of the vehicle but will need to clearly show the number plate, in order to correctly identify the vehicle in question.
• The footage needs to clearly show the alleged offence taking place, with some footage before and after. Police are less likely to prosecute a short clip, only showing the offence in taking place, as it is more difficult to determine if a prior incident played a part in the offence being committed.
• The person submitting the footage must keep the original unedited footage, for the duration of proceedings, in case this is requested. The footage does not necessarily have to contain a date or time stamp, but the owner of the footage must be willing to assert these facts under oath.
• The footage must be clear and of good quality, not blurry or unclear.
• It must be easy to establish the owner of the dashcam footage, how it has been stored and sent to the relevant constabulary and any other information needed to be submitted as evidence.
• The footage must be compliant with all relevant laws, data protection and privacy regulations.

Which Offences Can Police Prosecute For From Dash Cam Footage?

Dash cam footage most commonly captures offences such as:

• dangerous driving
• careless driving
• failure to comply with a red light
• driving whilst using a mobile phone.

Nearly 55,000 dashcam videos of demonstrating alleged dangerous driving, were sent to police constabularies in the preceding three years. The police also receive dash cam footage for alleged speeding offences, but this is much more difficult to evidence accurately and unless the speed travelled at is excessive enough to amount to a careless/dangerous driving charge, the police are unlikely to prosecute.

Some dash cams can record speed, but this is generally used more commonly if the driver of the vehicle containing the dash cam is looking to contest a speeding charge, rather than as evidence for another driver.

Can The Police Use My Personal Dash Cam Footage To Prosecute Me?

Yes, the police can pull you over if they believe you have committed an offence and ask you to show them your dash cam footage to potentially evidence this. If you submit dash cam footage of another driver, this can also be used to prosecute you, if the footage evidences you also committing a motoring offence. Caution is advised when sharing footage on social media.

Specialist Legal Advice For Cases Relating To Dash Cam Footage

We would always advise taking legal advice if you are being prosecuted for a motoring offence, involving dash cam footage, especially if the offence you are being charged with is careless or dangerous driving.

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in reviewing and advising on evidential footage. We understand the complexities of these cases and have a proven track record of successfully assisting clients. We would recommend sending across a copy of the footage you have received to a member of our team, so we can review this for you and advise on your prospects of running a defence to the alleged offence.

How We Can Help

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you have been charged with an offence involving dash cam footage, please don’t hesitate to contact our office for a free consultation on 0151 944 4967.

The post Can The Police Use Dash Cam Footage to Prosecute? appeared first on Caddick Davies.

This would require a further hearing in the court that sentenced you to the disqualification. An application must be put forward, seeking to convince the court that the disqualification should be lifted early.

Expert Legal Guidance For Removing Disqualifications Early 

At Caddick Davies Solicitors, we understand the impact that a disqualification from driving can have. The below article will hopefully advise you as to how you can have the disqualification lifted. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0151 944 4967 for a free consultation.

We can help you understand the process and explore the application. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Earliest Date For Making Application

A court can only remove a disqualification from driving before the end date if you have served a certain period of that disqualification.

You can therefore make an application to remove the disqualification early if you have served:

1. 2 years – if the disqualification is for less than 4 years.
2. Half of the disqualification – if the disqualification is less than 10 years but not less than 4 years.
3. 5 years – in any other case.

What Disqualifications Does This Not Apply To?

A disqualification, consequentially, cannot be removed early if it is for 2 years or less.

Therefore, in most “totting up” disqualification cases, you will not be able to apply to have the disqualification lifted.

What Is The Procedure?

In order to make an application for the early removal of your driving disqualification you must contact the court that imposed the disqualification and request a hearing for that application to be considered.

The application can only be considered, and therefore a hearing date set, once the earliest date (as set out above) has passed, and no sooner.

What Does The Court Take Into Consideration

In determining whether to remove a disqualification from driving earlier than the end date originally set, the court will take into consideration the below factors:

1. The character of the person disqualified and his conduct subsequent to the order and;
2. The nature of the offence and;
3. Any other circumstances of the case.

Character Of The Person Disqualified And His Conduct Subsequent To The Order

The Court will take into consideration the character of the person subsequent to the disqualification being imposed. They will therefore look at:

1. Compliance with the disqualification from driving e.g. no charges for driving whilst disqualified.
2. Compliance with any other court order e.g. no breach of a community order.
3. The persons character including any offences committed prior to the offence in question and any further offences committed since.
4. Any positive steps the person has taken to rehabilitate.

Nature Of The Offence

The Court will take into consideration the nature of the offence before considering whether the disqualification should be lifted. An offence that is considered more serious, with multiple aggravating features is less likely to warrant the early removal of the disqualification. Mostly presumably because the disqualification imposed was reflective of the culpability and harm involved, and the seriousness of the offending level.

The Court will often look at the below:

1. Any injuries caused, and the seriousness of those injuries.
2. Any damage caused, and the level of damage.
3. The level of remorse shown by the offender.
4. Whether blame was passed onto someone else by the offender.
5. Whether the offender pleaded guilty or not guilty.
6. The level of culpability of the offender.

The more serious offence, the harder it will be to convince the court to remove a disqualification.

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Any Other Circumstances Of The Case

The Court will take into consideration anything else that is raised by the person making the application. Most commonly, this will be related to the consequences that a disqualification is continuing to have on:

1. Impact on a person’s employment, career or business (including employees of that business).
2. Impact on a vulnerable person, including any caring responsibilities.
3. Impact on children.
4. Impact on housing and financial stability.

This factor is about demonstrating to the court that if the disqualification were to be lifted, it would have a positive influence on something in the offender’s life or the lives of those around them.

If it can be demonstrated that a disqualification is having a direct impact on a persons ability to rehabilitate, then this will be an important consideration of the court.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

How To Prepare For An Application

In order to prepare for an application, it is important to have references from those that can comment upon:

1. The character of the person since the disqualification was implemented.
2. How the disqualification being lifted would positively influence the offender’s life or the lives of those around them.
3. How the disqualification is having a negative impact on their life or the offender’s life.

If a person has been disqualified consequent of an offence of drink or drug driving, evidence that a person has been abstinent from drinking or taking drugs may be useful evidence to demonstrate to a court that a person has rehabilitated and that no further offences will take place e.g. drink or drugs test results.

Can I Drive As Soon As The Disqualification Is Lifted?

No, you cannot drive as soon as the court have ordered for the disqualification to be lifted. You must re-apply for your driving licence, and where required, comply with any requirements for a medical assessment or an extended re-test.

Getting Licence Back If Application Is Successful

If you are successful in your application to the court, you must still re-apply for your driving licence. When a disqualification from driving, in excess of 56 days, is implemented, you are required to surrender your driving licence to the DVLA. When the disqualification is over, you cannot return to driving until your driving licence is re-instated.

Upon a successful application for the early removal of your driving disqualification you must then apply to the DVLA for a new driving licence. You can do so by obtaining a D1 application form from the post office and returning the completed form to the DVLA.

When the DVLA have processed and authorised the return of your driving licence and have issued the licence to you in the post, you will then be able to return to driving.

High Risk Offenders

If you have committed an offence that means you qualify as a “high risk offender” then you will be required to undergo further medical assessments with the DVLA as part of the re-application process.

You will be classes as a high risk offender in one of the following circumstances:

1. If you have committed a second drink driving offence within 10 years.
2. If your alcohol reading was at least 87.5 microgrammes of alcohol per 100ml of breath.
3. If your alcohol reading was at least 200 microgrammes of alcohol per 100ml of blood.
4. If your alcohol reading was at least 267.5 microgrammes of alcohol per 100ml of urine.
5. If you refused to provide a specimen of breath, blood or urine.

In these circumstances, the DVLA may be concerned that the offender has been misusing alcohol or drugs or has been/is dependant upon them. In those circumstances the DVLA must investigate further to ensure that the offender is safe to be allowed to drive on the road.

The DVLA will require:

1. A blood test and examination by a DVLA doctor.
2. Input from your GP regarding any historical issues with drugs and/or alcohol.
3. A self-declaration as to any issues with drugs and/or alcohol and confirmation as to weekly consumptions.

The DVLA has a right, and indeed an obligation to revoke a person’s driving licence, or reject an application for a person’s driving licence, if they are satisfied that the person concerned is suffering from alcohol/drugs misuse or dependency.

If you are struggling to get your driving licence re-instated for the above reasons, then please contact the office on 0333 443 2366 for a free consultation with a specialist in our DVLA medical revocation team.

Extended Re-Test

Some driving offences, in addition to a disqualification from driving, will require the offender to undergo an “extended re-test” with the DVLA, prior to their driving licence being re-instated.

The court have a discretion to impose an extended re-test for the below offences:

1. Causing death by careless driving.
2. Causing serious injury by careless driving.

However, for the below offences, the court must order an extended re-test:

1. Dangerous driving.
2. Causing serious injury by dangerous driving.
3. Causing death by dangerous driving.

If an extended re-test with the DVLA has been ordered, then this must still be completed. If a disqualification is lifted early, the test still must be undertaken. The court cannot make an order for the re-test to be removed.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

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What If A Prison Sentence Was Imposed?

If a prison sentence was imposed alongside the disqualification from driving, the Court would have extended the disqualification from driving to account for the prison sentence. The rules for applying for the removal of the disqualification therefore differ.

It can be difficult to navigate the exact point that a disqualification can be lifted in such circumstances. For further guidance please contact our office and speak with a specialist on 0333 443 2366.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases and presenting mitigation in court in order to secure the early removal of a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in such circumstances.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0333 443 2366.

The post How To Remove A Disqualification From Driving Early appeared first on Caddick Davies.

Many roads that previously had a 30 mph speed limit have now been changed to 20 mph following a law passed by the Welsh Government. The change will reduce the speed limit on plenty of speed-restricted roads in Wales and some local councils in England have followed suit too. The introduction of a 20mph speed limit in built-up areas aims to make the roads a safer place for pedestrians and cyclists and is fully enforceable by law enforcement.

Any change in speed limit is mandatory and therefore police can prosecute drivers exceeding the 20 mph limit regardless of how new it is. The reasons for the change include reducing collisions, injuries, air pollution, and noise while promoting the benefits of people walking and cycling.

Whether the new limits are clearly signed or not, drivers must obey them or potentially face penalties like fines, points, or disqualification.

Legal Guidance For Exceeding Change In Speed Limits

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. If you are facing a charge as a result of the introduction of 20mph limits, we can help you. We work with you so that you understand the process to come and explore all available defences and mitigating circumstances that could potentially reduce the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for more details on the change in speed limit from 30 mph to 20 mph in many areas in Wales and England.

Reasons For The 20mph Speed Limit As A New Normal

The Welsh Government set a national 20mph limit in urban areas in 2022, making it the default speed limit where pedestrians and cyclists mix with traffic on restricted roads. The evidence shows driving at 20mph instead of 30mph in an urban environment reduces collisions and injury severity – pedestrians are five times more likely to be killed if hit at 30mph. 20mph limits in these areas also improve air quality, and reduce noise pollution and fuel costs, while promoting healthier walk or cycle-to-school choices.

Though it may seem slower initially, consistently keeping to 20mph creates safer, quieter urban conditions without excessive acceleration and braking that wastes fuel and increases pollution. While journey times may increase by mere seconds, the benefits of introducing 20mph limits appear to outweigh marginal delays and Wales has taken a national lead on Road Safety.

Are 20mph Speed Limits Legally Enforceable? 

Yes, the change in speed limits from 30 mph to 20 mph roads is enforceable. Whilst the police may exercise discretion in the initial stages of the change, to allow people to adjust to the new speed limit, the police are still within their rights to prosecute if you exceed the 20 mph limit – even by only 1mph.

It is a common myth that the police cannot prosecute unless you have exceeded the speed limit by “10% plus 2mph”. It does not matter how fast in excess of the speed limit you are travelling. If you have exceeded the speed limit, you have committed an offence of speeding. It is a speed limit, not a target.

Distinguishing Mandatory vs Recommended Speed Limits

Mandatory Speed Limit

A speed limit displayed within a red circle is a mandatory speed limit, and failure to comply can affect casualty rates and road safety. The speed limit does not have to be permanent in order for it to be mandatory, and therefore speed limits displayed in red circles during road works are still mandatory.

A motorist must abide by the instructions given to remain within the law. If you fail to do so, there is a risk that you will be charged with a speeding offence and have your licence endorsed with penalty points, and in more serious cases, a disqualification from driving.

Recommended Speed Limit

A recommended speed limit will be displayed when a stretch of road is potentially hazardous. For example:

1. A recent road traffic collision.
2. Congestion of traffic.
3. Road works.
4. Traffic officers in vulnerable locations.
5. Extreme weather conditions.

Such signs are not mandatory, and this is indicative of how they are displayed. They are not displayed within a red circle and are therefore not enforceable as the mandatory speed limit.

Recommended speed limit signs can often cause confusion and therefore it is important to acknowledge them and consider your surroundings whilst also not forgetting the mandatory speed limit for that road.

Even if a speed limit is not mandatory, the prevailing conditions may mean that it is suitable for you to follow what is recommended.

Penalties For Exceeding The New Speed Limit

If you are charged with an offence of speeding the police with either discharge liability by way of an out-of-court settlement (a Conditional Offer of Fixed Penalty), a speed awareness course or if the offence is too serious, court proceedings.

A Conditional Offer of Fixed Penalty

A Conditional Offer of Fixed Penalty for a speeding offence will always be 3 penalty points and a £100 fine. If you choose to accept this offer you will be required to provide your driving licence information to the police and pay the fine. The points will then be updated on your record by the DVLA.

You can only accept the offer if you have 8 or less points on your licence, as you would otherwise be required to go to court for consideration of a “totting up” disqualification (accumulating 12 or more points within a 3 year period).

Further info: Exceptional Hardship and Totting Up.

If the offence was committed during the first 2 years following you passing your driving test, and acceptance of the points would see you hit 6 penalty points on your driving licence, then your driving licence will be revoked by the DVLA if you accept the offer.

The Police will typically offer a Conditional Offer of Fixed Penalty for the below speeds:

• Up to and including 30mph in a 20mph speed limit
• Up to and including 40mph in a 30mph speed limit.
• Up to and including 55mph in a 40mph speed limit.
• Up to and including 65mph in a 50mph speed limit.
• Up to and including 80mph in a 60mph speed limit.
• Up to and including 90mph in a 70mph speed limit.

The police can and do offer a Conditional Offer Fixed Penalty for higher speeds. These offers are only discretionary and therefore the police do not have to offer them to you, even if you fall within the above category, but generally do (if your licence is capable of accepting them).

It is important to note that once you have accepted a Conditional Offer of Fixed Penalty it is not possible to cancel it.

Speed Awareness Course

If you have a full UK driving licence and have not taken a speed awareness course in the past 3 years then the Police can offer you to attend a speed awareness course for the below speeds:

• Up to and including 31mph in a 20mph speed limit.
• Up to and including 42mph in a 30mph speed limit.
• Up to and including 53mph in a 40mph speed limit.
• Up to and including 64 mph in a 50mph speed limit.
• Up to and including 75mph in a 60mph speed limit.
• Up to and including 86mph in a 70mph speed limit.

This offer is discretionary, even if you qualify. The course will cost you approximately £100 to attend, depending upon the course provider, but will avoid the endorsement of points on your licence. It can be taken online and usually lasts half a day,

Court Proceedings

If the matter is taken to court, then the penalty that you will face is as follows:

If the Court believes that you have driven “grossly in excess” of the speed limit then they can consider a disqualification in excess of 56 days. Unfortunately, there is no definition as to what “grossly in excess” means and will be at the Court’s discretion. The length of the disqualification is also determined by the Court.

Lack Of 20mph Speed Limit Signage As A Defence

If the speed limit has allegedly changed but there is no clear signage indicating as such, then you may have a valid defence to the charge. In such circumstances, you should seek legal advice immediately to discuss your options.

In this instance, it may be suitable to take the speeding offence to court where a trial would be run and the following may be required:

1. Giving evidence under oath that there was no signage.
2. A passenger in your car attended as a witness to give evidence under oath that there was no signage.
3. Service of dash cam footage to demonstrate that there was no signage.

Notwithstanding the above, it will be the prosecution’s job to prove beyond reasonable doubt that you were guilty of the offence. This requires providing evidence that you have committed the offence, including evidence what the speed limit was if you challenge it on that basis.

We would only recommend challenging a charge on this basis if you are certain that the speed limit was not what the police or prosecution allege it to be.

Have a valid defence to a charge of speeding? Please contact us for a free consultation and an assessment as to your case.

Obstructed or Unclear 20mph Signage – “Special Reasons” Defence

If you have committed an offence of speeding, but the signage was obstructed or unclear, then you may have some success in advancing an application for “special reasons”.

“Special reasons” is an application that will allow the Court to not punish you for the offence and endorse your driving licence with penalty points or a disqualification, even though an offence has technically been committed.

Whilst the legal basis for a “special reasons” argument is derived from statute, a clear definition of “special reasons” was established in the case of R v Wickens (1958) which states that four requirements must be present in order for “special reasons” to exist:

1. It must be a mitigating or extenuating circumstance and;
2. It must not amount to a defence in law and;
3. It must be directly connected with the commission of the offence and;
4. The matter must be one which the Court ought properly to take into consideration when imposing punishment.

If you believe that you may have a valid argument for an application for “special reasons” then please contact us for a free consultation and an assessment as to your case.

Further information: Special Reasons Applications 

Avoiding Disqualification When Exceeding The New Limit 

If you are facing a disqualification due to exceeding the speed limit excessively, then it may be possible to avoid a disqualification or at least reduce the disqualification imposed.

When considering whether to endorse penalty points or a disqualification the Magistrates’ will consider the circumstances as to how the offence occurred as well as mitigating circumstances such as good character as well as the impact a disqualification would have upon those around you should you be disqualified from driving.

This is owing to proportionality as it would be in proportion to the offence to disqualify someone from driving which will indirectly lead to punishing those around them through no fault of their own.

The Court will consider the below as aggravating features:

1. An offence committed whilst on bail.
2. Previous convictions.
3. Poor road or weather conditions.
4. Driving a goods vehicle.
5. Towing a caravan or trailer.
6. Carrying passengers or a heavy load.
7. Driving for hire or rewards
8. Location near a school.
9. High level of traffic or pedestrians.

The Court will consider the below as mitigating features:

1. Clean driving licence/good driving record history.
2. Clean criminal record/good character.
3. Good road or weather conditions.
4. No passengers.
5. Low-level traffic or pedestrians.

The Court may also take into consideration the importance of your licence such as needing your licence for:

1. Your job.
2. Consequently financially.
3. To assist a vulnerable friend or family member.
4. To run a business.
5. To attend medical appointments or for your health generally.
6. Limited public transport links.

Requesting A Court Hearing For 20mph Speeding Offences

If a speeding matter is taken to court you will receive a “Single Justice Procedure Notice” charging you with the offence. This notice gives you 21 days to respond. You have the below options when responding:

1. Plead guilty – attend court.
2. Plead guilty – case dealt with in your absence.
3. Plead not guilty.

If you are seeking to avoid a disqualification from driving it is recommended that you attend a hearing so that mitigation can be presented. You can therefore tick the first option above. It is usually easiest to respond online so that the Court receives your plea and request for a court hearing immediately.

The police have a period of 6 months from the date of an alleged offence to issue proceedings in the Magistrates’ Court.

Issuing proceedings is not:

1. The date that you receive the paperwork.
2. The date that the paperwork was posted.
3. The date that the charge was authorised.

Proceedings are issued when the paperwork is prepared to be sent out.

If you are unsure if proceedings have been issued out of time, then contact us for a free consultation. If proceedings have been issued out of time, then you may have a valid defence to the charge as the proceedings would be “time barred” pursuant to Section 127 of the Magistrates’ Court Act 1980.

Summary: Consequences Of Speeding In A 20mph Zone 

In conclusion, the change from 30mph to 20mph speed limits on many roads, especially across Wales, is a legal requirement that is being enforced by police. While some discretion may be shown initially, drivers can still face penalties like fines, points or disqualification for exceeding the new 20mph limits, even by just 1mph over the limit.

Drivers need to pay close attention to speed limit signage and differentiate between mandatory limits displayed in red circles versus recommended advisory speeds. Even if signage is lacking or obstructed, ignorance is no defence and the onus is on drivers to ensure they don’t speed. Depending on the extent of the offence, penalties range from conditional offers of fixed fines/points, speed awareness courses, or court proceedings with potential disqualification.

Mitigating factors like good character, lack of previous offences, and personal hardship from a driving ban can persuade courts to reduce penalties. Overall, being caught exceeding the new 20mph limits can have serious consequences.

Get In Touch For Legal Advice Regarding Speeding Offences 

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases, defending charges, and presenting mitigation in court in order to avoid or reduce a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in avoiding driving disqualifications.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have a defence or mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0151 944 4967.

The post Back To 20mph: The Change In Speed Limit from 30 to 20 mph In Wales appeared first on Caddick Davies.

If you are facing a potential driving ban due to accumulating 12 or more penalty points within three years under Section 35 of The Road Traffic Act 1988, there may be a way to avoid disqualification through an exceptional hardship plea. An application for “exceptional hardship” allows you to argue that a driving ban would cause you or your family exceptional hardship beyond the normal inconveniences.

If successfully argued, this application can prevent a “totting up” disqualification which is a minimum of 6 months, and allow you to keep your licence despite having 12+ points. In this situation, seeking expert legal representation is crucial to effectively present your exceptional hardship case to the court and increase your chances of avoiding disqualification.

Expert Representation for Exceptional Hardship

If you are facing a potential driving ban due to accumulating 12 or more penalty points within three years, you may have a valid application for exceptional hardship. A driving disqualification can have severe consequences, impacting your ability to work, care for loved ones, and maintain your daily life. In such a critical situation, it’s crucial to seek expert legal representation.

At Caddick Davies, we understand the profound impact a driving ban can have. If you are at risk of a totting up disqualification, don’t hesitate to contact us for a free consultation. Our experienced solicitors will guide you through the process and explore all available grounds for establishing exceptional hardship, potentially avoiding or reducing the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for further insight into exceptional hardship applications against driving disqualifications. Including the totting up procedures, grounds for exceptional hardship, sentencing guidelines, and the importance of seeking legal advice from qualified experts.

What is Exceptional Hardship in Driving Offences?

If you get 12 or more penalty points on your driving licence within 3 years, you normally face a minimum 6-month driving ban. This is often called a “totting up” disqualification.

The court looks at any penalty points that were valid when you committed the offence, even if those points have expired by the time of your court case; but any penalty points still visible on your licence for an offence committed more than three years prior to the commission of the current offence, will not be taken into consideration, pursuant to Section 29 of The Road Traffic Offenders Act 1988

The length of the ban depends on your history:

• If you’ve never been disqualified before, it’s a 6-month ban
• If you’ve been disqualified once before, it’s a 1-year ban
• If you’ve been disqualified more than once before, it’s a 2-year ban

The court counts any previous driving bans over 56 days that were imposed within the last 3 years.

You can make an application for “exceptional hardship” to try to avoid the disqualification, even with 12+ points. Exceptional hardship means the driving ban would cause you or your family exceptional difficulty beyond normal inconvenience.

If successful, you keep your licence despite having 12+ points but you can only advance the same exceptional hardship grounds once every 3 years.

What Factors Will The Court Consider for Exceptional Hardship Claims?

At the point of sentencing you for your most recent offence, the Court will consider whether or not there are sufficient grounds to reduce or avoid a totting-up disqualification.

The Court will only take into consideration factors which amount to hardship being caused and must be satisfied that these factors amount to more than just an inconvenience. The hardship the person would be subject to needs to be exceptional in nature.

A driving disqualification will inevitably cause some nature of hardship for the person disqualified and their immediate family, therefore the exceptional nature of the hardship faced must be demonstrated to the court sufficiently.

The court will not take into consideration the following, pursuant to Section 35(4) of the Road Traffic Offenders Act 1988.

(a) Any circumstances that are alleged to make the offence (or any of the offences whose penalty points are to be taken into account) not serious,

(b) Hardship, other an exceptional hardship

(c) Any circumstances which, within the three years immediately preceding the conviction, have been taken into account to reduce or avoid a totting up disqualification.

How to Build a Strong Exceptional Hardship Argument

A driving disqualification can substantially impact your life and ability to support yourself. The strongest exceptional hardship applications demonstrate multiple ways a ban would affect you and those around you. The court considers the hardship on the driver, but also on innocent third parties like family, friends and colleagues.

Employment Impacts – Loss of Job Alone May Not Be Enough

Losing your job is often seen as an inevitable result of a driving ban; however, if your job loss would cause significant hardship for your employer, this can strengthen your argument. For example:

• If your company paid for special training and would face hardship training someone new
• If you have specialised skills and it would be very difficult to find a replacement
• If you are required to drive regularly for your job (e.g. taxi, truck driver)
• If the company is small and would face financial difficulty without you
• If a coworker relies on you for transportation to keep their job
• If you provide essential public services like nursing or emergency medical care

Alternative Employment Difficulties

It’s also important to show if you would struggle to find alternative work without a licence, especially if you have extensive experience/training in your current field.

Work Schedule Impacts

If you work unconventional hours with limited public transit options, prove this with evidence like employment contracts and transit schedules.

Impacts on Your Business

If you own or manage a company, show how a ban could impact your clients, employees and their families with supporting evidence.

A driving disqualification can have a substantial impact on a person’s life and their ability to support themselves. The strongest “exceptional hardship” applications are those which have a number of different grounds to rely upon, as it demonstrates to the Court the many ways in which a disqualification would affect you and those around you.

Whilst the court will take into consideration the impact a disqualification has on the driver, they will also take into consideration how a disqualification would affect innocent 3rd parties, such as the offender’s family, friends and colleagues.

Financial Hardship Considerations

While some financial impact is inevitable with a driving ban, the court may consider if the disqualification would cause you or others severe financial hardship, forming part of an exceptional hardship argument. Be prepared to provide a full picture of your financial situation and potential consequences.

Personal Financial Obligations

• If you have any personal loans or credit cards which you would be unable to pay and fall into arrears for.
• If you reside alone, a disqualification would result in loss of employment/income which would render you unable to pay for essential bills such as rent/utility.
• If you reside in a mortgaged property and would be at risk of losing your home if you were unable to make a mortgage payment.
• If you reside in a rented property and would be at risk of being homeless if you were unable to make rent payments to your landlord.

Family Financial Support

• If you are the sole or main earner of your household, you would be unable to financially support your family if you were disqualified.
• Inability to assist others you support financially (rent, tuition, international money transfers, etc.)

Review of Savings

The court will also consider any savings you have and whether it’s enough to sustain you during the disqualification period.

Providing Financial Evidence

You can evidence your financial situation in many ways such as bank statements, loan/mortgage agreements and rental agreements/utility bills. It is important to ensure you evidence sufficiently any financial support you offer to other people. For example, if you are assisting someone with university tuition payments, you would need evidence of the cost of these payments, you paying the money out and obtaining a supporting statement from the person you assist.

Caregiving and Medical Conditions: Exceptional Hardship Considerations 

If you rely on your licence to provide caregiving to someone and would be unable to do so if disqualified, the court will also take this into consideration. A number of duties can fall under caregiving such as but not limited to:

• If you are a registered part or full time carer for someone
• If you assist a family member or friend with transportation to medical appointments
• If you visit someone to assist them with tasks such as cooking cleaning or carrying out essential daily responsibilities and would be unable to continue to do so if you were disqualified from driving
• If you assist someone with transportation to school or work because they are unable to take public transport due to a medical reason

In order to evidence the assistance you provide sufficiently, it would be beneficial to obtain a supporting statement from the person you assist and also medical records to demonstrate any conditions they suffer from.

If you suffer from a medical condition yourself and require the use of your vehicle to access hospital or medical appointments, this may help strengthen your exceptional hardship application. This should also be referenced if you believe the use of your vehicle assists you with a medical condition you have. For example, if you struggle walking long distances so rely upon use of your vehicle to carry out essential tasks.

Preparing for Court: Documents and Evidence to Support Your Exceptional Hardship Claim

In order to ensure your “exceptional hardship” application is as strong as possible, it is crucial to obtain supporting documents to demonstrate a disqualification would or is likely to cause exceptional hardship. All the information provided must be factual and you must not attempt to mislead the court in any way.

Supporting documents can include but are not limited to:

• Supporting statements from anyone who be impacted by your driving disqualification, such as dependants, family and friends
•  Supporting statement from your employer
• Supporting statements from employees/colleagues
• Contract of employment
• Medical records
• Letter from GP
• Bank statements
• Bills
• Mortgage or rental agreement
• Google Maps demonstrates a lack of public transport or that you reside in a rural area

In many cases, it can assist in bringing the author of supporting statements to court with you. For example, if a large portion of your exceptional hardship application rests on your ability to provide caregiving for your partner, it would strengthen your argument if they are able to give verbal submissions in person at court.

Do I need to attend court if I have a solicitor or barrister instructed?

Yes, whilst your solicitor or barrister will advance your legal argument, you will still need to attend court in case the bench/judge wishes to ask you any questions.

Do I need a solicitor to assist with an Exceptional Hardship Application? Argument?

We would advise seeking legal advice if you are considering making an exceptional hardship argument, as a legal professional that specialises in this area of law will be able to advise you if your argument has reasonable grounds of success. Find out more: How can a solicitor help to reduce your motoring offence sentence.

Legal Assistance for Exceptional Hardship Cases

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing and presenting “Exceptional Hardship” applications in court. We understand the complexities of these cases and have a proven track record of successfully assisting clients in avoiding driving disqualifications.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that there are mitigating circumstances that may qualify for exceptional hardship and that should be considered in your case, please don’t hesitate to contact our office for a free consultation at 0151 944 4967.

The post Understanding Exceptional Hardship: A Guide to Avoiding Driving Disqualifications appeared first on Caddick Davies.

Entering a guilty plea can be the correct approach in a number of cases, and this article will explore the instances in which you may wish to proceed with a guilty plea and the benefits of doing this.

What Is A Guilty Plea?

A guilty plea means that you accept the charge against you and agree that you committed the offence alleged. A guilty plea can be entered at any point before the conclusion of the trial, but the point at which the plea is entered can impact the sentence imposed.

Entering a guilty plea to a criminal offence should not be taken lightly, and whilst it can often be the correct decision, it is advisable that you contact a legal professional before you make your decision. In some cases, defendants may believe that they are guilty as they believe they are ‘morally responsible’ but may actually benefit from a defence and not be guilty in the eyes of the law. Considering the full facts of the case, including your own recollection of events, is a vital step in the decision-making process.

What Are The Benefits Of An Early Guilty Plea?

Early guilty pleas can be beneficial for a number of reasons. It isn’t the right option for everyone, but if you are considering pleading guilty, it might be worth sparing a thought for the following:

Faster resolution of the case

• If you are entering a guilty plea at an early stage of your case, then the matter will undoubtedly conclude much quicker than if the case was taken to trial.
• For most motoring offences, the court will proceed to sentence you either following your written response entering a guilty plea or immediately after you enter a guilty plea at court in person.
• Taking a case to trial can mean that you do not get a resolution for months on end, with many trial dates being pushed back for lack of court time or available prosecutors.

Reduced costs

• If you decide to enter a guilty plea at an early stage in the case, then it is likely that you will benefit from reduced legal costs.
• Challenging a case requires a greater level of preparation and usually court attendances and can therefore cost considerably more.

Credit

• In criminal cases, you will be given something called ‘credit’ when you enter an early guilty plea.
• The amount of credit you get will reduce the longer the case goes on and the closer you get to trial.
• The maximum credit you can benefit from is 1/3, and this credit can help to reduce fines, community orders and even custodial sentences.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is A Basis Of Plea?

Not all guilty pleas are straightforward. In some cases, you may concede that you are guilty of the offence alleged but still disagree with the facts of the case or some of the allegations made.

In many cases, there will be no benefit in raising these concerns as the facts in question may not have any material impact on the sentence to be imposed. However, some facts can be extremely important, and you may therefore wish to enter something known as a ‘basis of plea’.

Example

A good example of a basis of plea is where you concede that you are guilty of a speeding offence but do not agree with the speed being alleged. It can be useful to consider a basis of plea in this type of case as a lower speed may mean less points.

A basis of plea can sometimes be agreed with the prosecution in advance of you entering a plea. When the prosecution are not agreeable with a basis you have two options:

1. You can agree to enter a guilty plea on the facts as they are presented by the prosecution; or
2. You can proceed to a ‘Newton Hearing’ in which the court will make a decision on which facts they believe to be correct and then proceed to sentence you on those facts.

The best option for you will depend on the facts of your case and the potential impact these facts may have on the outcome and sentence. In order to determine whether there is any benefit in taking this approach you should contact a legal specialist.

The Benefit Of Mitigation

Many people will want to enter a guilty plea and attend court to present mitigation. Effectively putting forward mitigation as to either the circumstances of the offence or your personal situation can significantly reduce the penalty imposed.

Whilst there are a host of specific legal approaches that can be taken when presenting mitigation, the main factors considered by the court when dealing with motoring offences are:

• Explanations as to why the offence occurred.
  • It is always important to clarify the difference between an excuse and an explanation. If you are entering a plea of guilty there will rarely be benefit in trying to excuse your actions, however, a good explanation can go a long way in court.
• • Showing the court that you understand the severity of the offence committed and the impacts that this could (or indeed may have) had on others is very important. Sometimes, showing the court how you have taken proactive steps to ensure the offence does not re-occur can be a useful tactic.
• Clarifying the impacts of sentence on you and others
  • Many people rely on their licence for their jobs, finances, family, health and livelihoods. Giving clear and detailed evidence regarding why this is so important could be a reason for the court to reduce the sentence.

In more specific circumstances your mitigation may be presented in the form of an exceptional hardship argument or special reason.

• Exceptional hardship
  • These cases require Defendants to present mitigation regarding the impact of a ‘totting-up’ disqualification.
  • Should the court be persuaded that the disqualification would cause you or others exceptional hardship, they can use their discretion to vary the sentence they impose.
  • In most cases, a successful exceptional hardship argument will lead to the court not imposing the totting-up disqualification at all.
• Special reasons
  • A special reasons argument is generally presented where a Defendant is technically guilty of an offence but feels that the circumstances of the offence are such that they should not be punished.
  • Special reasons arguments are difficult and must be agreed upon at the discretion of the court.
  • Whilst difficult, this argument exists because there are many cases where the Defendant has reduced culpability or good reason for committing the offence.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What Is The Purpose Of Representation?

Not all guilty plea representation is straight forward and in many cases a Defendant could benefit from expert legal advice when approaching their case in this way.

The expertise of a legal professional can help to obtain the desired outcome, circumvent severe sentences, reduce disqualifications and in some cases avoid the sentence altogether. Should you wish to instruct Caddick Davies Solicitors we can:

• Gather any relevant supporting evidence
  • Evidence is not only relevant in defences but can play an important role in mitigation and presenting your version of events.
  • Character references, medical documents, financial records and even witness statements can be of benefit to your case.
• Prepare complex legal arguments
  • In cases where you wish to enter a basis of plea, present a special reasons argument or plea exceptional hardship there may be the need for a complex legal argument.
  • Where necessary we can prepare skeleton arguments to help direct the court and structure your mitigation in the most persuasive and legally accurate way.
• Present the case in writing or in person
  • Some cases require court attendance whilst others can be dealt with in writing.
  • In either circumstance, we can ensure that the pressure of presenting the case is taken out of your hands.

At Caddick Davies Solicitors we will always provide honest advice regarding how we can help and the impact that this may have on the sentence.

When Should You Seek Legal Advice?

In cases where you wish to obtain representation for a guilty plea, it is extremely important that you engage with us at the earliest opportunity.

Cases that are being dealt with by way of a guilty plea are generally concluded much faster and the window of time to prepare the case is therefore limited. In order to ensure that the best approach is taken, and all mitigation obtained, you should contact a solicitor the moment you are aware of any potential charge.

Generally, motoring offences are charge by way of a Single Justice Procedure Notice or Postal Requisition. In some cases, you may receive some form of conditional offer.

If you have received any of the above I would advise that you contact a legal professional for advice.

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Final Thoughts – Guilty Plea Representation

Guilty plea representation is a crucial component of the criminal justice system in the United Kingdom. Without legal assistance, Defendants may not understand the benefit of mitigation or the legal arguments that could be presented in order to mitigate their sentence. A well-advised guilty plea, presented correctly by an experienced representative, can result in shorter disqualifications, reduced legal costs and even the avoidance of custodial sentences and community orders.

Motoring offences can be particularly complex, and there are a number of approaches that can be taken depending on the specifics of your case. Guilty plea representation is often misunderstood as a ‘one approach fits all’ situation, it is our view that a tailored and directed approach represents your best chance at mitigating the sentence.

Not all cases will benefit from a guilty plea. However, it is always best to consult with a legal professional about your options before making any decision.

The post Guilty Plea Representation appeared first on Caddick Davies.

Should you fail to use the licence correctly you may be committing a criminal offence. This article will provide an in-depth outline of the law surrounding the use of international licences.

Furthermore, it can be important to know what your options are should you find yourself charged with an offence when you believe you were legally driving on an international licence. The sentencing guidance, defences and mitigation available will also be covered.

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Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What Is An International Licence?

In Great Britain, an international licence is classed as any licence which is obtained outside of England, Wales and Scotland. This means that even Irish licences are considered to be international and ultimately form part of ‘EU licences’.

Whilst many different licences obtained in different countries are all considered ‘international’ they are not all alike. Some international licences can be used in Great Britain for longer periods of time than others.

Which Type Of International Licence Can Be Used In Great Britain?

The short answer is that you can drive a car in Great Britain on any international licence, however, the period in which you can do this varies greatly.

The first question of relevance relates to why you are in Great Britain to start with, namely:

• As a resident;
• As a visitor; or
• As a foreign student studying in Great Britain.

When the question as to why you are in Great Britain has been answered you must then consider which country your licence is from. The following table should help to clarify the manner in which your full and valid licence can be used:

For reference, the ‘designated countries or territories’ are: Andorra, Australia, Barbados, British Virgin Islands, Canada, Cayman Islands, Falkland Islands, Faroe Islands, Gibraltar, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Republic of North Macedonia, Singapore, South Africa, Switzerland, Taiwan, Ukraine, United Arab Emirates and Zimbabwe.

In order to be certain that you can drive in Great Britain on your licence, you may wish to obtain expert legal advice or alternatively use the online government website to check your eligibility: https://www.gov.uk/driving-nongb-licence

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Ukrainian Licence

 There has been a recent change regarding those who hold Ukrainian licences. The rules surrounding your ability to drive on such a licence in Great Britain varies to those detailed in the above table.

If you are from Ukraine (and have a licence from this country) you can drive for 3 years from when you became a resident if:

• You have a Ukraine Family Scheme visa, Ukraine Sponsorship Scheme visa or Ukraine Extension Scheme visa; or
• You came to the UK on a Ukraine visa scheme and then switched to a different type of visa.

 Exchanging Your Licence

 In some circumstances you may be able to exchange your international licence for a UK licence. If you are able to exchange your licence, this can be a simple solution to avoid any licencing confusion and issues you may encounter driving on an international licence in the UK.

Only residents of Great Britain can exchange their licences. You would usually be considered a resident if you live in the country for 185 days or more in each Calender year.

European Union or European Economic Area Licence

Exchanging your EU licence is generally very easy. You are required to complete a ‘D1 Form’ which can be ordered from the Driver and Vehicle Licensing Agency (DVLA) and pay a fee of £43. You will usually need to send off your current EU licence and you should expect to receive your new UK licence within 3 weeks.

Jersey, Guernsey or Isle of Man Licence

So long as your licence was issued after the 1^st April 1991, and you are a resident of Great Britain, you are able to apply for an exchange of licence using the same ‘D1 Form’ as previously mentioned. The fee is still £43 and you may have to provide certain documents to the DVLA in order to process the new licence.

A Designated Country or Territory Licence

Matters become far more complex when you have a licence from a designated country or territory. You will need to review the specific requirements of each country (and in some instances the territories within the country) to determine what steps you must take. As a standard you must still complete the ‘D1 Form’ and pay the fee if you are eligible to exchange the licence. It is also quite common for the DVLA to require proof of your licence from your domestic government or licensing agency.

Any Other Country Licence

Should you not hold a licence from one of the above-mentioned countries or territories then you will not be able to exchange your licence. You must complete your practical and theory tests in Great Britain in order to obtain this licence.

Not all countries have the same obligations and it can therefore be useful to review the government portal which clarifies your entitlement to exchange a licence:

https://www.gov.uk/exchange-nongb-driving-licence

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What Offence Could I Be Committing?

 If you are caught driving on an international licence outside of the permitted guidance then you are likely to be charged with an offence of driving otherwise than in accordance with a licence. This is a serious offence which can lead to the imposition of 3-6 penalty points and a fine.

For more information regarding this offence please see the following article: Driving other than in accordance with a licence.

In addition to the above, it is common for drivers to also be prosecuted for driving without a valid policy of insurance. This charge can be brought when the insurance is considered ‘void’ owing to the incorrect licence. Failing to hold the correct licence will usually invalidate any policy of insurance you may have purchased. Once again, this is a serious offence for which the penalty can range from 6-8 points to a disqualification of up to 12 months.

For more information regarding this offence and potential defences please see the following article: Defences to Driving without Insurance

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What Defences Are Available?

As with most motoring offences, driving without the proper licence and without insurance are strict liability offences.

This means that the defences available to you are limited.  For the most part you will only be able to defend the charge of driving otherwise than in accordance with a licence if you can show that you did in fact adhere to the rules, regulations and laws surrounding licensing.

In situations where you are driving on an international licence this will usually require you to provide:

• Your date of entry into the country.
• That you hold a valid international licence from your home country.
• That you have complied with any other requirements (such as having your licence translated by an accredited agency).

The offence of driving without insurance is similarly strict. One potential defence could be presented if you can obtain a letter of indemnity from your insurer. Some insurers will be willing to write a letter confirming that you would have been covered by the policy of insurance at the time of the alleged incident. This would usually be done in cases where the error was minor or administrative in nature. A letter of this nature could be presented as a defence.

Mitigation

 Owing to the strict nature of the offences the most practical approach can often be one of mitigation. Mitigation can aid in the reduction of the sentence and in some instances the avoidance of a driving disqualification.

In circumstances where you are charged with both an offence regarding your licence and an offence relating to insurance you may also be able to argue that you be sentenced in totality. Once again this is done to reduce the overall sentence imposed. Totality is the principle that an offender should be sentenced for the overall offending rather than for each offence in its own right. This is particularly relevant when it appears as though one offence triggers the commission of a second.

Finally, there are many circumstances surrounding the commission of the above offences which may be considered ‘special reasons’. Special reasons arguments are a Defendants opportunity to explain why the offence occurred to the court and why they should not be punished as a result of this. Special reasons arguments can be complex and difficult to present, it is therefore advisable to contact a legal professional for advice on whether you may be able to put this argument forward.

You may wish to consider the content of our article on special reasons: Mitigating Circumstances to a Driving Ban.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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What To Remember When Driving In The UK

 There are a couple of factors which should always be considered when driving in the UK:

1. Driving Age: To drive in the UK, you must be at least 17 years old, regardless of your international license status.
2. Insurance: It is mandatory to have insurance when driving in the UK. Make sure your insurance covers you while driving with your international license.
3. Traffic Laws: Familiarise yourself with UK traffic laws, including speed limits, road signs, and driving on the left side of the road.
4. Car Registration: If you plan to own a vehicle in the UK, it must be registered and taxed accordingly.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Conclusion

Driving on an international licence is common practice in Great Britain. Unfortunately, the rules surrounding this are not widely known or advertised. It is extremely important to familiarise yourself with the DVLA criteria so that you can be sure you are compliant.

If you find yourself falling foul of the requirements it is advised that you contact a legal professional for advice. You could be at risk of penalty points a fine and even a disqualification from driving in Great Britain.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

The post Driving On An International Licence – The Do’s And Don’ts appeared first on Caddick Davies.

This would require a further hearing in the court that sentenced you to the disqualification. An application must be put forward, seeking to convince the court that the disqualification should be lifted early.

Expert Legal Guidance For Removing Disqualifications Early 

At Caddick Davies Solicitors, we understand the impact that a disqualification from driving can have. The below article will hopefully advise you as to how you can have the disqualification lifted. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0333 443 2366 for a free consultation.

We can help you understand the process and explore the application. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Earliest Date For Making Application

A court can only remove a disqualification from driving before the end date if you have served a certain period of that disqualification.

You can therefore make an application to remove the disqualification early if you have served:

1. 2 years – if the disqualification is for less than 4 years.
2. Half of the disqualification – if the disqualification is less than 10 years but not less than 4 years.
3. 5 years – in any other case.

What Disqualifications Does This Not Apply To?

A disqualification, consequentially, cannot be removed early if it is for 2 years or less.

Therefore, in most “totting up” disqualification cases, you will not be able to apply to have the disqualification lifted.

What Is The Procedure?

In order to make an application for the early removal of your driving disqualification you must contact the court that imposed the disqualification and request a hearing for that application to be considered.

The application can only be considered, and therefore a hearing date set, once the earliest date (as set out above) has passed, and no sooner.

What Does The Court Take Into Consideration

In determining whether to remove a disqualification from driving earlier than the end date originally set, the court will take into consideration the below factors:

1. The character of the person disqualified and his conduct subsequent to the order and;
2. The nature of the offence and;
3. Any other circumstances of the case.

Character Of The Person Disqualified And His Conduct Subsequent To The Order

The Court will take into consideration the character of the person subsequent to the disqualification being imposed. They will therefore look at:

1. Compliance with the disqualification from driving e.g. no charges for driving whilst disqualified.
2. Compliance with any other court order e.g. no breach of a community order.
3. The persons character including any offences committed prior to the offence in question and any further offences committed since.
4. Any positive steps the person has taken to rehabilitate.

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Nature Of The Offence

The Court will take into consideration the nature of the offence before considering whether the disqualification should be lifted. An offence that is considered more serious, with multiple aggravating features is less likely to warrant the early removal of the disqualification. Mostly presumably because the disqualification imposed was reflective of the culpability and harm involved, and the seriousness of the offending level.

The Court will often look at the below:

1. Any injuries caused, and the seriousness of those injuries.
2. Any damage caused, and the level of damage.
3. The level of remorse shown by the offender.
4. Whether blame was passed onto someone else by the offender.
5. Whether the offender pleaded guilty or not guilty.
6. The level of culpability of the offender.

The more serious offence, the harder it will be to convince the court to remove a disqualification.

Any Other Circumstances Of The Case

The Court will take into consideration anything else that is raised by the person making the application. Most commonly, this will be related to the consequences that a disqualification is continuing to have on:

1. Impact on a person’s employment, career or business (including employees of that business).
2. Impact on a vulnerable person, including any caring responsibilities.
3. Impact on children.
4. Impact on housing and financial stability.

This factor is about demonstrating to the court that if the disqualification were to be lifted, it would have a positive influence on something in the offender’s life or the lives of those around them.

If it can be demonstrated that a disqualification is having a direct impact on a persons ability to rehabilitate, then this will be an important consideration of the court.

How To Prepare For An Application

In order to prepare for an application, it is important to have references from those that can comment upon:

1. The character of the person since the disqualification was implemented.
2. How the disqualification being lifted would positively influence the offender’s life or the lives of those around them.
3. How the disqualification is having a negative impact on their life or the offender’s life.

If a person has been disqualified consequent of an offence of drink or drug driving, evidence that a person has been abstinent from drinking or taking drugs may be useful evidence to demonstrate to a court that a person has rehabilitated and that no further offences will take place e.g. drink or drugs test results.

Can I Drive As Soon As The Disqualification Is Lifted?

No, you cannot drive as soon as the court have ordered for the disqualification to be lifted. You must re-apply for your driving licence, and where required, comply with any requirements for a medical assessment or an extended re-test.

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Getting Licence Back If Application Is Successful

If you are successful in your application to the court, you must still re-apply for your driving licence. When a disqualification from driving, in excess of 56 days, is implemented, you are required to surrender your driving licence to the DVLA. When the disqualification is over, you cannot return to driving until your driving licence is re-instated.

Upon a successful application for the early removal of your driving disqualification you must then apply to the DVLA for a new driving licence. You can do so by obtaining a D1 application form from the post office and returning the completed form to the DVLA.

When the DVLA have processed and authorised the return of your driving licence and have issued the licence to you in the post, you will then be able to return to driving.

High Risk Offenders

If you have committed an offence that means you qualify as a “high risk offender” then you will be required to undergo further medical assessments with the DVLA as part of the re-application process.

You will be classes as a high risk offender in one of the following circumstances:

1. If you have committed a second drink driving offence within 10 years.
2. If your alcohol reading was at least 87.5 microgrammes of alcohol per 100ml of breath.
3. If your alcohol reading was at least 200 microgrammes of alcohol per 100ml of blood.
4. If your alcohol reading was at least 267.5 microgrammes of alcohol per 100ml of urine.
5. If you refused to provide a specimen of breath, blood or urine.

In these circumstances, the DVLA may be concerned that the offender has been misusing alcohol or drugs or has been/is dependant upon them. In those circumstances the DVLA must investigate further to ensure that the offender is safe to be allowed to drive on the road.

The DVLA will require:

1. A blood test and examination by a DVLA doctor.
2. Input from your GP regarding any historical issues with drugs and/or alcohol.
3. A self-declaration as to any issues with drugs and/or alcohol and confirmation as to weekly consumptions.

The DVLA has a right, and indeed an obligation to revoke a person’s driving licence, or reject an application for a person’s driving licence, if they are satisfied that the person concerned is suffering from alcohol/drugs misuse or dependency.

If you are struggling to get your driving licence re-instated for the above reasons, then please contact the office on 0333 443 2366 for a free consultation with a specialist in our DVLA medical revocation team.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Extended Re-Test

Some driving offences, in addition to a disqualification from driving, will require the offender to undergo an “extended re-test” with the DVLA, prior to their driving licence being re-instated.

The court have a discretion to impose an extended re-test for the below offences:

1. Causing death by careless driving.
2. Causing serious injury by careless driving.

However, for the below offences, the court must order an extended re-test:

1. Dangerous driving.
2. Causing serious injury by dangerous driving.
3. Causing death by dangerous driving.

If an extended re-test with the DVLA has been ordered, then this must still be completed. If a disqualification is lifted early, the test still must be undertaken. The court cannot make an order for the re-test to be removed.

What If A Prison Sentence Was Imposed?

If a prison sentence was imposed alongside the disqualification from driving, the Court would have extended the disqualification from driving to account for the prison sentence. The rules for applying for the removal of the disqualification therefore differ.

It can be difficult to navigate the exact point that a disqualification can be lifted in such circumstances. For further guidance please contact our office and speak with a specialist on 0333 443 2366.

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Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

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Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases and presenting mitigation in court in order to secure the early removal of a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in such circumstances.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0333 443 2366.

The post How To Remove A Disqualification From Driving Early? appeared first on Caddick Davies.

1. If you were over the specified legal limit for alcohol;
2. If you were driving a motor vehicle; and
3. If you were driving on a road or in a public place.

This leaves little room for an explanation or indeed a review of your fault and moral culpability. The court are aware of the ‘strict’ nature of this offence and as such they allow for special reasons arguments to be made. A special reasons argument, if successful, can lead to the court either reducing or not imposing a driving disqualification.

This article should help to clarify all you need to know about what a special reasons argument is and how it can be used in drink driving cases.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

What Is A Special Reasons Argument?

A special reasons argument is an explanation of the circumstances surrounding the offence and the reasoning as to why it occurred. Importantly, a special reasons argument is not a defence.

An argument of this nature is often deployed when you may be technically guilty of drink-driving but not morally culpable. Importantly, a special reasons argument must comply with the leading authority in the case of R v. Wickens (1958) in that it must:

• Be a mitigating or extenuating circumstance;
• Not amount to a defence to the charge;
• Be directly connected with the commission of the offence;
• Be a matter which the court ought to properly take into consideration when imposing sentence.

The burden of proof is on the driver and you must therefore persuade the court that your case fulfils the above requirements.

What Is The Benefit Of A Special Reasons Argument?

Drink-driving is a serious criminal offence that can lead to long driving disqualifications, fines, community orders and even custodial sentences.

Drink-driving offences come with a mandatory driving disqualification of 12 months and dependent on the reading can reach up to 36 months for a first-time offence. Special reasons are therefore very useful in either reducing or avoiding the driving ban.

Many people rely heavily on their licence for work or other family commitments and therefore maintaining an ability to drive is vital. Of course, regardless of the potential benefits there must still be a basis on which the special reasons argument is brought.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

What Are Examples Of Special Reasons Arguments?

There is no set list of circumstances which do and do not constitute special reasons in drink driving cases. However, there are a number of examples which have developed over the many years this argument has been used, specifically:

1. Spiked Drinks

In some instances, a person may be found over the specified legal limit of alcohol as a result of unwitting consumption. This may be the result of a malicious spiking of your drink or a more harmless error made by a friend who poured the drink for you. This special reason has been successfully raised on the basis that the defendant has a lack of intent and ultimately lower culpability.

To successful argue this special reason you must demonstrate:

• That your drink was genuinely spiked
• That you were unaware that your drink had been spiked
• That you were only over the legal limit as a result of the alcohol consumed from the spiking of the drink
• That you would not have driven had you known your drink was spiked

What supporting evidence would strengthen my case?

• Witness evidence from those with a first-hand account of the spiking (i.e. the friend that accidentally gave you the wrong drink).
• Footage of the spiking of the drink.
• Expert toxicology report showing that you were only over as a result of the spiked alcohol.

It is certainly relevant to note that spiked drinks arguments are unlikely to be successful if the alcohol reading is high. It is improbable that the court will accept you were unaware that you had been spiked (or were over the legal limit) if you would have likely felt the effects of the alcohol.

1. Short Distance Driven

Another common special reasons argument is that the distance driven whilst over the legal limit was so minor that it would not be in the interests of justice to punish you. Evidence of a short distance driven clearly reduces the risk that you posed to other road users and the overall harm of the offence.

The case of Chatters v Burke [1986] outlines the seven matters to consider in shortness of distance driven cases:

• How far the vehicle was driven;
• In what manner it was driven;
• The state of the vehicle;
• Whether the driver intended to go further;
• The road and traffic conditions prevailing at the time;
• Whether there was a possibility of danger by coming into contact with other road users or pedestrians; and
• What the reason was for the car being driven.

What supporting evidence would strengthen my case?

• Your own witness evidence and credibility in court.
• Accurate calculation and images of distances and the location in which you travelled.
• Supporting witness evidence from anyone aware of the circumstances in which the vehicle was driven.

Whilst ‘short distance’ is not defined, it can be said that the court would usually expect to see a distance of metres rather than miles. A large number of these cases occur when a vehicle owner is asked to move their car as it is causing an obstruction or danger.

1. Driving In An Emergency

Driving in an emergency situation is a special reasons argument that is used in a whole manner of motoring offences from speeding to driving without insurance. Should you be driving, whilst over the specified limit for alcohol, in order to combat an immediate medical emergency there may be scope to argue this as a special reason.

The court have previously referenced the importance of:

• The emergency being genuine and unavoidable.
• The emergency not being one that could have been anticipated.
• There being no other alternative to driving.
• The driving being as minimal as possible.

What supporting evidence would strengthen my case?

• Medical records which indicate any medical emergency that occurred.
• Witness evidence from anyone involved with the medical/genuine emergency.
• Evidence of any prior attempt to find an alternative to driving.

The question in ‘emergency’ cases is not whether the action was understandable but whether there was not alternative due to the emergency. If calling an ambulance or travelling by way of public transport was a reasonable alternative you are unlikely to be successful. It is also important to note that emergency situations are not confined solely to ‘medical’ emergencies, although these are the most common.

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General Factors Considered with Drink Driving Offences.

There are a number of specific considerations that the court may have in each individual special reasons case. Alongside the specific considerations there are also more general factors which will likely be of impact in every special reasons argument presented.

Credibility

As most of these arguments rely on believing your version of events it is extremely important that the evidence you provide is credible and believed by the court. Your credibility will be considered when you give evidence under oath but may also be impacted by your previous offending history. Should you have any previous dishonest offences or convictions of a similar nature the court may not be inclined to believe your evidence.

Risk

As special reason arguments often imply a reduced presence of risk, the court would look to evaluate the circumstances of your case and whether any road users or members of the public were in danger of harm as a result of your actions. Driving in populated areas, in busy traffic or whilst highly intoxicated would lead the court to view your actions as higher risk and less likely to be a special reason.

Intention & Knowledge

As with risk, the court will consider the drivers state of mind as this is pivotal in helping the them determine culpability. If you knew you were over the legal limit or you intentionally disregarded the risks posed by your actions the court is less likely to find in your favour.

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Is There Any Risk In Raising A Special Reason?

When raising a special reasons argument there is no guarantee that you will be successful. The outcome of the case will depend on the discretion of the court and whether they are of the view that you have fulfilled the criteria as it is set our in R v Wickens (1958).

However, as you must enter a plea of guilty in order to raise a special reason, there is no risk that you will lose credit by making this argument. Should you be unsuccessful with your special reasons argument you would be free to proceed with further mitigating any sentence wherever possible.

In presenting a special reasons argument you may ultimately incur additional costs. These may arise due to increased prosecution costs brought about by the attendance of witnesses or provision of expert evidence both by the prosecution or on your behalf as the defendant.

There is also the consideration that your case may take longer to conclude when proceeding with a special reasons argument compared to simply dealing with sentence at the first opportunity.

Of course, a number of risks will come with any approach that you decide to take. It is always best to seek the advice of a legal professional as to what the best options in your case are and to help you evaluate the strength of your special reasons argument.

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Conclusion

Drink driving is clearly a serious criminal offence, but it is important to know that there are ways to argue for leniency with the court, with special reasons. If successful, a special reasons argument could help you avoid the mandatory driving disqualification that would otherwise be imposed and even reduce any financial penalty.

Special reasons arguments are, however, very difficult to prove. The court maintains a high threshold when considering these cases and they are very conscious to not ‘open the floodgates’ for arguments that are anything but compelling. Navigating the complexities of a special reasons argument can be extremely difficult and it is therefore advisable that you seek legal advice if you believe you would benefit from this argument.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

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It can be extremely important to know when and how you may be charged with ‘unfit offences’ and importantly what the prosecution must prove in order for you to be found guilty. This article should help to clarify all you need to know about and detail the options available to you.

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How Can I Be Charged With an Unfit to Drive Offence?

Most cases of driving whilst unfit begin when an officer stops you on a road or in a public place and suspects that you may be under the influence of either drugs or alcohol. As expected, the stop will usually arise out of some moving traffic violation or a ‘tip’ to the police provided by a member of the public.

After you have been stopped it is common for the police to arrest you and take you back to a police station for evidential specimens of breath, blood or urine to be taken. This can sometimes be proceeded by a roadside test but this is not a requirement.

After you have been processed at the station the police will often release you pending an investigation or having charged you with the offence already.

What Do The Prosecution Need To Prove to show I was Unfit to Drive?

So, you have been arrested and charged with an offence of driving whilst unfit through drink or drugs, but what do the prosecution actually need to prove?

The elements of this offence are as follows:

1. Driving or attempting to drive a motor vehicle

• It is a requirement for the prosecution to prove that you were driving or attempting to drive a motor vehicle. Whether you are ‘driving’ the motor vehicle is a question of fact dependant on the control you have over the direction and movement of the vehicle.
• In reality, if you have been stopped by an officer at the roadside there will be little difficulty in the prosecution proving that you were driving the vehicle.

2. On a road or public place

• The driving must also occur on a road or public place, in other words you are not committing the offence if you are on private land.
• It is important to note that car parks, forecourts and other locations that the general public have access to are likely to fall under the heading of ‘public place’.

3. Whilst unfit

• Usually, the most difficult aspect of this offence to prove is that you were unfit to drive.
• In order for this to be proven it is necessary for the prosecution to show that “your ability to drive properly is for the time being impaired” as per Section 4(5) of the Road Traffic Act 1988.
• There are a number of ways in which the Prosecution may look to prove impairment and these will be considered in more detail later in the article.

4. Through drink or drugs

• Finally, the prosecution must not only prove that you were unfit but that this was as a result of drink or drugs in your system.
• It is for this reason that evidential specimens of breath, blood or urine are almost always taken in cases of this nature.

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How Does The Offence Change If I Am ‘In Charge’ Of The Vehicle?

‘Unfit offences’ are contained within Section 4 of the Road Traffic Act 1988. Section 4(1) creates the offence of driving or attempting to drive whilst unfit through drink or drugs. Similarly, Section 4(2) creates the offence of being in charge of a motor vehicle whilst unfit to drive.

The only difference is that under Section 4(2) the prosecution only needs to prove that you were ‘in charge’ of the vehicle and NOT that you were driving. This is yet another question of fact and the following circumstances will often be taken into account when deciding if a person is in charge of the vehicle:

• Whether and where he was in the vehicle or how far he was from it;
• What he was doing at the relevant time;
• Whether he was in possession of a key that fitted the ignition;
• Whether there was evidence of an intention to take or assert control of the car by driving or otherwise; and
• Whether any person was in, at or near the vehicle and, if so, the like particulars in respect of that person.

It is important to note that the sentencing guidance varies depending on whether you are convicted under Section 4(1) or 4(2). The sentence ranges will be discussed in more detail throughout this article.

How Will The Police Test If I Am Unfit?

There are many ways that the prosecution may look to prove you were unfit, regularly relying on the circumstances of the initial police stop.

In cases where there is evidence of erratic driving or an accident, this may be used to support an allegation that you were unfit to drive. Further to this, your manner at the time of the alleged offence will also be of importance. Defendants who are unable to stand, appear to be falling asleep or act dazed and confused may be seen as unfit.

Some cases may be brought based upon your manner of driving or indeed your general demeanour, however, it is expected that the police will conduct a preliminary test to determine impairment.

The preliminary tests can include, but are not limited to:

1. The Walk and Turn Test

For this test, you must walk in a straight line, heel–to– toe, for a total of 9 steps away from the officer. Then, you are to turn around and repeat the test, but this time walking in the direction of the officer.

1. The Balance and Judgement test, also known as The Modified Romberg Test

The Modified Romberg Test is carried out to measure a person’s sense of balance. The test focuses specifically on the dorsal column of the spinal cord. During this test you must stand still, tilt your head back and count to thirty seconds. Alongside testing your balance, this test also checks your judgement of time, both of which can be impaired by drink/drugs.

1. The One Leg Stand Test

This test is fairly self-explanatory; you must stand on one leg and count out loud. Officers use this test to establish your sense of balance, as intoxicated individuals often sway unknowingly or loose balance.

1. The Pupil Measurement Test

This test measures not only the size of an individual’s pupils, but also their condition and the pupil’s reaction to light.  This test is carried out as most illegal substances cause pupils to shrink or enlarge, once the substance enters the individual’s blood stream. These changes are checked against a card, by an officer, to indicate abnormalities.

1. The Finger To Nose Test

This test focuses on establishing whether an individual’s co-ordination is affected by drugs or alcohol. During this test, the individual will be asked to tilt their head back with their eyes closed and then touch their finger to their nose, using the hand specified by the officer.

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You may also be interested in our Dangerous Driving legal  page

How Does This Differ From Drink Or Drug Driving?

Whilst there are a number of similarities between this offence and the offences of drink or drug driving there are two main differences.

Firstly, the police must obtain an evidential reading which shows you are over a specified legal limit for either alcohol or drugs. For unfit offences there is no such requirement, you may be below the legal limit and still be charged.

Secondly, for drink or drug driving offences there is no need for the prosecution to prove that you were impaired, being over the legal limit is enough. In direct contrast to this, you can only be convicted of an unfit offence if it can be proven that you were impaired owing to the alcohol or drugs.

This allows people to be charged in cases where there is no legal limit for the drug identified (i.e. certain prescription medication) or even where you provide an alcohol reading which is below the legal limit.

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Can I Defend Against This Charge?

You are able to defend against this charge in many of the ways that drink or drug driving charges can be defended. Most commonly:

• You may dispute having driven the vehicle (or been in charge of it);
• You may wish to argue that you were on private land; or
• You may dispute that there were any drugs or alcohol in your system at all

As previously mentioned, it is also extremely important that the prosecution prove you were impaired as a result of drink or drugs. In this regard it is not enough to simply prove that you failed a preliminary test (impairment test). There can be many reasons for failing a preliminary test and these can be presented to the court in defence of your case. Examples of potential reasons include:

• Having a medical condition which impacts your ability to walk or balance.
• If you were involved in a collision and sustained an injury which effects your mobility.
• If you suffer with anxiety or another mental health condition which can impact your cognitive abilities.
• Being impacted by the environment or weather (raining, windy, unsteady ground etc).

Similarly, should the prosecution be looking to rely on your standard of driving as evidence of impairment there may be valid reasons to explain your driving to the court:

• If you swerved to avoid an animal or obstruction in the road.
• If the collision occurred as a result of another driver.
• If there has been a mechanical fault with your vehicle.
• You were tired or had a lapse in concentration.

It is important that you obtain legal advice when charged with an unfit offence as proving the necessary elements of the offence is not always clear cut and your case could be defended.

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What Is The Sentence for being Unfit to Drive?

As above, the sentencing varies depending on whether you were driving (or attempting to drive) or were simply in charge of the vehicle.

Driving or Attempting to Drive

• You will receive a disqualification from 12-36 months for first disqualifications and 36-60 months for second disqualifications (if you have been disqualified in the last 10 years for a relevant offence).
• Alongside the driving disqualification you will receive either a fine, community order or custodial sentence.

In Charge

• The starting point is 10 penalty points but for more serious cases the court can consider imposing a driving disqualification.
• Once again, you would receive either a fine, community order or custodial sentence alongside the penalty points or driving ban.

When considering sentence the court will also consider the culpability and harm involved in your case. Should you have higher culpability or higher harm then the court would usually increase the sentence. Higher culpability is established if you are driving for hire or reward, you are in charge of a goods/public service vehicle or there is a high likelihood of driving (for in charge cases). Higher harm is determined solely by any evidence of a ‘high level of impairment’.

Alongside the above considerations the court will also take into account any additional mitigating or aggravating factors.

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Conclusion

Driving/Attempting to drive or being in charge of a motor vehicle whilst unfit is frequently used as fall-back charges when the police fail to obtain an evidential reading above a legal limit (for drink or drugs). Naturally, these charges can be harder for the prosecution to prove and can fail on solely on the basis that the police did not carry out sufficient impairment testing.

The specific circumstances of your case will need to be considered in detail before determining whether you have a defence to this charge. It is therefore advisable that you contact a motoring specialist to obtain further advice.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.

You may also be interested in our article Death by Dangerous Driving.

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The Highway Code clearly defines the difference in speed limits for any vehicles such as motorhomes, coaches, buses and motorbikes. It is important to note that the speed limit designated to any road is the maximum speed you should be travelling at and not an average speed.

Legislation for Speeding Offences

Travelling in excess of the speed limit is an offence under the Road Traffic Regulation Act 1984.

If you are caught driving in excess of the speed limit, you are subject to a sentence ranging from penalty points to a driving disqualification. The potential sentence you receive will be dependent on how grossly in excess you were exceeding the speed limit.

Please see below the general remit of the Magistrates Sentencing Guidelines. It is important to note that these guidelines are a starting point for all offenders and are not taking in to consideration any aggravating or mitigating factors.

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How will I know if I have been caught speeding?

If you have caught speeding by a speed camera, hand held device or a police officer; you may be pulled over by a police officer at the time of the offence or you will receive a Notice of Intended Prosecution (NIP)/ Section 172 Notice. The Notice of Intended Prosecution will be sent to the registered keeper of the vehicle at the vehicles registered address. This Notice will outline the date and time of the offence and may provide you with further details of the alleged offence. You will then need to respond to this notice nominating the driver at the time the offence was committed. Dependant on the severity of the offence, you will then either be offered a speed awareness course, conditional offer of fixed penalty or in more serious cases  – be summonsed to Court.

When is speeding permitted?

Speeding is permitted for emergency vehicles such as police vehicles, ambulance/paramedic vehicles and fire engines. This is to ensure that the forementioned vehicles are able to conduct their role as emergency response workers. However, this does not extend freely to lay persons in an emergency situation.

Speed limits are set at the limit deemed safe to travel on the road in question, taking into consideration the vicinity of pedestrians, schools and in areas with a high volume of traffic. Travelling in excess of the speed limit can pose significant risk to pedestrians and other drivers.

However, if you have been caught speeding in circumstances where an emergency took place, you may be able to advance a Special Reasons Argument on this basis.

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What is a Special Reasons Argument?

A Special Reasons Argument is a legal argument which can be advanced if you have mitigating or extenuating circumstances, that would not amount to a full defence in law, but that the Court ought to have consideration of.

The criteria for a Special Reasons Argument was established in R v Wickens (1958) 42 Cr App R 436 (CA). Pursuant to Wickens, for a matter to be defined as a special reason it must :

• Be a mitigating or extenuating circumstance
• Not amount in law to a full defence
• Be directly connected with the commission of the offence
• Be a reason which the court ought properly to take into consideration when imposing a sentence

What if I was Speeding as a Result of an Emergency?

The most common Special Reasons Argument for an offence of speeding, is where the speed limit has been broken in the event of a genuine emergency. The is further defined in the case of Whittal v Kirby [1946].

Please see below a number of example where a Special Reasons Argument may be used in this circumstances:

• Driving a friend or family member to the hospital in an emergency

If at the time of the alleged offence you were transporting a friend or family member to a hospital, you may have a Special Reasons Argument. However, for this argument to have realistic prospects of success, it will strengthen your case if you can evidence the following:

• The situation was an emergency
• At the time the offence was committed you were on the way to the hospital and not making any other stops
• You had contacted emergency services prior to the commission of the offence and have a good reason as to why you did not wait for emergency services to arrive. For example; if there was an excessive wait for an ambulance and the situation was critical.
• You had a good reason for not contacting emergency services. For example; if you were only a very short distance from the hospital and the situation was critical.
• If the person you were transporting the hospital has a pre-existing condition you can evidence this and provide a supporting statement.

• Driving a partner to the hospital who’s water has broken or is in labour.

If at the time of the alleged offence you were transporting your partner to the hospital who was in active labour, you may have a Special Reasons Argument. For this argument to have the strongest prospects of success, you would need to evidence the following:

• You partner was either in active labour or genuinely believed she was.
• You can evidence that you attended the hospital and either your child was born or your partner received alterative medical advice – such as Braxton Hicks
• At the time the offence was committed you were on the way to the hospital and not making any other stops
• You had contacted emergency services prior to the commission of the offence and have a good reason as to why you did not wait for emergency services to arrive. For example; if there was an excessive wait for an ambulance.
• You had a good reason for not contacting emergency services. For example; if you were only a very short distance from the hospital and you were concerned about your baby/partner
• Your partner can provide a supporting statement or attend Court to confirm the same

• You were rushing to see a relative you had been informed was dying at the hospital or in care.

If at the time of the alleged offence you were speeding in order to visit a family member or friend, whom you had been advised did not have long left and had you not committed the offence you may have been unable to see – you may have a Special Reasons Argument. However, this specific reason is more difficult to run successfully than others.

For this argument to have the strongest prospects of success, you would need to evidence the following:

• You can evidence that you attended the hospital or a care facility on the date/time the offence to facilitate the visit
• At the time the offence was committed you were on the way to the hospital or care facility and not making any other stops
• You had been contacted by someone who notified you of the immediate need to attend immediately. It would further strengthen your argument if this person is willing to provide a supporting statement of the same.
• You would have surely missed seeing this person had you not driven beyond the specified speed limit
• You can provide supporting statements from friends/family further evidencing the circumstances surrounding the offence

• You were suffering from a medical condition yourself and needed to urgently get home/to hospital or to a rest room

If at the time of the alleged offence, you were suffering from the symptoms of a medical condition you or one of your passenger’s suffered from and you drove beyond the specified speed limit as the person had an immediate need to relieve themselves, you may be able to advance a Special Reasons Argument.

For this argument to have the strongest prospects of success, you would need to evidence the following:

• You can evidence that you or your passenger has a pre-existing condition and was suffering from the symptoms of this at the time of the offence.
• You can evidence any details of this condition/prior medical appointments
• At the time the offence was committed you were only a short distance to your destination, whether than be a public restroom or your home.
• It would not have been appropriate and or required to telephone emergency services for assistance
• You’re or the person in question, would have either soiled themselves or been in extreme discomfort/pain had you not taken this action
• You can provide supporting statements from any passengers in your vehicle or the person in question . It would also be helpful if this person could attend Court to assert the same

Please note the above notes just a few examples of emergency situations where a Special Reasons Argument can be used. We would always recommend taking legal advice from a motoring specialist if you believe you may have a potential argument.

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What are the potential outcomes of a Special Reasons Argument

If your Special Reasons Argument is accepted, you will still receive the conviction, as you will have plead guilty to the offence. For a speeding offence, this conviction will not appear on a criminal record, but may still be visible on an enhanced DBS check.

When a Special Reasons Argument is accepted by the Court, you will generally receive no penalty points, disqualification or financial penalty. However, this is completely discretionary and the Court have the option to accept your argument and sentence you to a reduced amount of penalty points and/or fine. This can be helpful for example if you are new driver and were initially subject to six penalty points, as the Court are able to sentence you outside of the guidelines if the argument in accepted.

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Conclusion

If you have been charged with a speeding offence as a result of an emergency situation, we would advise telephoning our office for a free initial discussion with one of our motoring specialists. You can contact out office for a free consolation on 0151 944 4967 or info@caddickdavies.co.uk.

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Yes, the police can utilise dash cam footage as evidence to prosecute you for a motoring offence. Many people are under the impression that videos taken or captured by members of the public cannot be used to prosecute them, as they are not someone of authority such as a police officer, but this is untrue.

As the advancement of technology progresses, so does our usage of these devices. Over the last couple of years, police forces have seen an increase in the amount of dash cam video footage received.

Expert Legal Guidance for Dash Cam Prosecution Cases

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. If you are facing a charge as a result of dash cam footage, we can help you to understand the process and explore all available defences and mitigating circumstances that could potentially reduce the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for more detail on dash cam footage and prosecution

What Is Dashcam Footage And How Is It Used? 

Dashcam footage refers to video recordings captured by cameras mounted on vehicle dashboards or windshields, commonly known as “dash cams.” This footage can record events happening in front of the vehicle while driving.

Police forces are increasingly receiving and utilising dashcam footage submitted by members of the public that depict alleged motoring offences committed by other drivers. This includes clips showing road users breaking the law.

For example, West Midlands saw an increase in dash cam footage received from 2,245 submissions in 2020, to 5,625 submissions in 2022. The use of dash cam footage on UK roads to record yourself and other drivers is completely legal and no special permission is required.

Some Key Points About How Dash Cam Footage Is Used:

• Police can receive dashcam clips via phone, email, online portals (like the National Dash Cam Portal in the UK), or direct uploads to police websites.

• When submitting footage, the person usually has to make a statement confirming they will provide evidence and testify in court if needed.

• Police review submitted footage to determine if there are grounds to prosecute the alleged offending driver for violations like dangerous driving, running red lights, using a mobile phone, etc.

• If prosecuting, police must notify the vehicle’s registered owner with a “Notice of Intended Prosecution” within 14 days of the alleged offence occurring.

•  Dashcam footage meeting admissibility criteria can then be used as key evidence if the case proceeds to court, especially if it shows the defendant driving without due care or crossing solid white lines for example.

In summary, the increasing prevalence of dashcams has provided a new source of potential evidence for police to identify and prosecute driving offences captured on video by other motorists.

How Do Police Receive Dash Cam Footage?

Police receive dash cam footage of alleged driving offences in various ways, including; phone calls, emails, online portals like the National Dash Cam Portal, and direct uploads to police websites.

Before submitting footage, individuals will be asked to complete a section 9 statement, in accordance with s16 The Criminal Procedure Rules 2020 and s9 Criminal Justice Act 1967. Without this statement, police may not be able to prosecute the alleged offender.

The National Dash Cam Portal has received over 54,000 video uploads since 2020 from dash cams, phones, and other camera sources. Many of these uploads come from other road users concerned about safety. While police previously lacked evidence for public allegations, dash cams now provide recordings that can lead to prosecutions, even when drivers don’t notice civilian cameras recording their offences.

How Do Police Decide Whether Or Not To Prosecute?

After receiving dash cam footage, a police officer reviews it to decide if there is enough evidence to prosecute the alleged driving offence. The officer considers both the video footage itself and any supporting statements provided.

The responsibility of proving any offence always falls with the police or CPS. This includes using footage from the public domain to show a driver was breaking the law. They must therefore determine if they should proceed with charges based on the evidence. If the reviewing officer believes the footage is insufficient or not likely to result in a successful prosecution, they may choose to take no further action or issue a warning to the alleged offender.

If police decide to prosecute based on the dash cam video, they must notify the vehicle’s registered owner of the intended prosecution within 14 days of when the alleged offence took place. This notification is sent requesting the name of who was driving the vehicle at that time.

For sole vehicle owners, identifying the driver is straightforward but if the vehicle is shared, providing the driver’s name can get complicated. It’s crucial to respond before the time limit expires, as failing to identify the driver can itself result in an additional charge carrying 6 penalty points and a fine up to £1,000 – potentially more severe than the original alleged offence.

Can Dash Cam Footage Be Used In Court?

Yes, dash cam footage can be used in Court, especially in cases where the police have made the decision to prosecute over dash cam footage received. This includes footage showing drivers breaking the law by driving without due care for example.

If charges are contested, the dash cam footage will likely be played at court to assist the Judge with making their decision. It is important to note that even if the footage is used to prosecute you for an offence, you will still have the opportunity to present a defence.

What Footage Would Be Deemed Admissible?

Not all dash cam footage is admissible. Even if the police or CPS proceed with prosecuting you for the alleged offence, it is always worth obtaining legal advice to access any potential defences you may have.

As a general guide dash cam footage must fulfil the below criteria to be used as evidence or deemed admissible.

• The footage does not need to show the driver of the vehicle but will need to clearly show the number plate, in order to correctly identify the vehicle in question.
• The footage needs to clearly show the alleged offence taking place, with some footage before and after. Police are less likely to prosecute a short clip, only showing the offence in taking place, as it is more difficult to determine if a prior incident played a part in the offence being committed.
• The person submitting the footage must keep the original unedited footage, for the duration of proceedings, in case this is requested. The footage does not necessarily have to contain a date or time stamp, but the owner of the footage must be willing to assert these facts under oath.
• The footage must be clear and of good quality, not blurry or unclear.
• It must be easy to establish the owner of the dashcam footage, how it has been stored and sent to the relevant constabulary and any other information needed to be submitted as evidence.
• The footage must be compliant with all relevant laws, data protection and privacy regulations.

Which Offences Can Police Prosecute For From Dash Cam Footage?

Dash cam footage most commonly captures offences such as:

• dangerous driving
• careless driving
• failure to comply with a red light
• driving whilst using a mobile phone.

Nearly 55,000 dashcam videos of demonstrating alleged dangerous driving, were sent to police constabularies in the preceding three years. The police also receive dash cam footage for alleged speeding offences, but this is much more difficult to evidence accurately and unless the speed travelled at is excessive enough to amount to a careless/dangerous driving charge, the police are unlikely to prosecute.

Some dash cams can record speed, but this is generally used more commonly if the driver of the vehicle containing the dash cam is looking to contest a speeding charge, rather than as evidence for another driver.

Can The Police Use My Personal Dash Cam Footage To Prosecute Me?

Yes, the police can pull you over if they believe you have committed an offence and ask you to show them your dash cam footage to potentially evidence this. If you submit dash cam footage of another driver, this can also be used to prosecute you, if the footage evidences you also committing a motoring offence. Caution is advised when sharing footage on social media.

Specialist Legal Advice For Cases Relating To Dash Cam Footage

We would always advise taking legal advice if you are being prosecuted for a motoring offence, involving dash cam footage, especially if the offence you are being charged with is careless or dangerous driving.

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in reviewing and advising on evidential footage. We understand the complexities of these cases and have a proven track record of successfully assisting clients. We would recommend sending across a copy of the footage you have received to a member of our team, so we can review this for you and advise on your prospects of running a defence to the alleged offence.

How We Can Help

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you have been charged with an offence involving dash cam footage, please don’t hesitate to contact our office for a free consultation on 0151 944 4967.

The post Can The Police Use Dash Cam Footage to Prosecute? appeared first on Caddick Davies.

This would require a further hearing in the court that sentenced you to the disqualification. An application must be put forward, seeking to convince the court that the disqualification should be lifted early.

Expert Legal Guidance For Removing Disqualifications Early 

At Caddick Davies Solicitors, we understand the impact that a disqualification from driving can have. The below article will hopefully advise you as to how you can have the disqualification lifted. However, if you are still unsure, and feel that you need a solicitor, you can contact the office on 0151 944 4967 for a free consultation.

We can help you understand the process and explore the application. If we believe that we can add value to your case, we will advise you as such. However, we will be honest with you if we can add no real value to your case or if legal representation is not needed. We will also give you an indication as to the prospects of success as to any approach that we recommend.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Earliest Date For Making Application

A court can only remove a disqualification from driving before the end date if you have served a certain period of that disqualification.

You can therefore make an application to remove the disqualification early if you have served:

1. 2 years – if the disqualification is for less than 4 years.
2. Half of the disqualification – if the disqualification is less than 10 years but not less than 4 years.
3. 5 years – in any other case.

What Disqualifications Does This Not Apply To?

A disqualification, consequentially, cannot be removed early if it is for 2 years or less.

Therefore, in most “totting up” disqualification cases, you will not be able to apply to have the disqualification lifted.

What Is The Procedure?

In order to make an application for the early removal of your driving disqualification you must contact the court that imposed the disqualification and request a hearing for that application to be considered.

The application can only be considered, and therefore a hearing date set, once the earliest date (as set out above) has passed, and no sooner.

What Does The Court Take Into Consideration

In determining whether to remove a disqualification from driving earlier than the end date originally set, the court will take into consideration the below factors:

1. The character of the person disqualified and his conduct subsequent to the order and;
2. The nature of the offence and;
3. Any other circumstances of the case.

Character Of The Person Disqualified And His Conduct Subsequent To The Order

The Court will take into consideration the character of the person subsequent to the disqualification being imposed. They will therefore look at:

1. Compliance with the disqualification from driving e.g. no charges for driving whilst disqualified.
2. Compliance with any other court order e.g. no breach of a community order.
3. The persons character including any offences committed prior to the offence in question and any further offences committed since.
4. Any positive steps the person has taken to rehabilitate.

Nature Of The Offence

The Court will take into consideration the nature of the offence before considering whether the disqualification should be lifted. An offence that is considered more serious, with multiple aggravating features is less likely to warrant the early removal of the disqualification. Mostly presumably because the disqualification imposed was reflective of the culpability and harm involved, and the seriousness of the offending level.

The Court will often look at the below:

1. Any injuries caused, and the seriousness of those injuries.
2. Any damage caused, and the level of damage.
3. The level of remorse shown by the offender.
4. Whether blame was passed onto someone else by the offender.
5. Whether the offender pleaded guilty or not guilty.
6. The level of culpability of the offender.

The more serious offence, the harder it will be to convince the court to remove a disqualification.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Any Other Circumstances Of The Case

The Court will take into consideration anything else that is raised by the person making the application. Most commonly, this will be related to the consequences that a disqualification is continuing to have on:

1. Impact on a person’s employment, career or business (including employees of that business).
2. Impact on a vulnerable person, including any caring responsibilities.
3. Impact on children.
4. Impact on housing and financial stability.

This factor is about demonstrating to the court that if the disqualification were to be lifted, it would have a positive influence on something in the offender’s life or the lives of those around them.

If it can be demonstrated that a disqualification is having a direct impact on a persons ability to rehabilitate, then this will be an important consideration of the court.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

How To Prepare For An Application

In order to prepare for an application, it is important to have references from those that can comment upon:

1. The character of the person since the disqualification was implemented.
2. How the disqualification being lifted would positively influence the offender’s life or the lives of those around them.
3. How the disqualification is having a negative impact on their life or the offender’s life.

If a person has been disqualified consequent of an offence of drink or drug driving, evidence that a person has been abstinent from drinking or taking drugs may be useful evidence to demonstrate to a court that a person has rehabilitated and that no further offences will take place e.g. drink or drugs test results.

Can I Drive As Soon As The Disqualification Is Lifted?

No, you cannot drive as soon as the court have ordered for the disqualification to be lifted. You must re-apply for your driving licence, and where required, comply with any requirements for a medical assessment or an extended re-test.

Getting Licence Back If Application Is Successful

If you are successful in your application to the court, you must still re-apply for your driving licence. When a disqualification from driving, in excess of 56 days, is implemented, you are required to surrender your driving licence to the DVLA. When the disqualification is over, you cannot return to driving until your driving licence is re-instated.

Upon a successful application for the early removal of your driving disqualification you must then apply to the DVLA for a new driving licence. You can do so by obtaining a D1 application form from the post office and returning the completed form to the DVLA.

When the DVLA have processed and authorised the return of your driving licence and have issued the licence to you in the post, you will then be able to return to driving.

High Risk Offenders

If you have committed an offence that means you qualify as a “high risk offender” then you will be required to undergo further medical assessments with the DVLA as part of the re-application process.

You will be classes as a high risk offender in one of the following circumstances:

1. If you have committed a second drink driving offence within 10 years.
2. If your alcohol reading was at least 87.5 microgrammes of alcohol per 100ml of breath.
3. If your alcohol reading was at least 200 microgrammes of alcohol per 100ml of blood.
4. If your alcohol reading was at least 267.5 microgrammes of alcohol per 100ml of urine.
5. If you refused to provide a specimen of breath, blood or urine.

In these circumstances, the DVLA may be concerned that the offender has been misusing alcohol or drugs or has been/is dependant upon them. In those circumstances the DVLA must investigate further to ensure that the offender is safe to be allowed to drive on the road.

The DVLA will require:

1. A blood test and examination by a DVLA doctor.
2. Input from your GP regarding any historical issues with drugs and/or alcohol.
3. A self-declaration as to any issues with drugs and/or alcohol and confirmation as to weekly consumptions.

The DVLA has a right, and indeed an obligation to revoke a person’s driving licence, or reject an application for a person’s driving licence, if they are satisfied that the person concerned is suffering from alcohol/drugs misuse or dependency.

If you are struggling to get your driving licence re-instated for the above reasons, then please contact the office on 0333 443 2366 for a free consultation with a specialist in our DVLA medical revocation team.

Extended Re-Test

Some driving offences, in addition to a disqualification from driving, will require the offender to undergo an “extended re-test” with the DVLA, prior to their driving licence being re-instated.

The court have a discretion to impose an extended re-test for the below offences:

1. Causing death by careless driving.
2. Causing serious injury by careless driving.

However, for the below offences, the court must order an extended re-test:

1. Dangerous driving.
2. Causing serious injury by dangerous driving.
3. Causing death by dangerous driving.

If an extended re-test with the DVLA has been ordered, then this must still be completed. If a disqualification is lifted early, the test still must be undertaken. The court cannot make an order for the re-test to be removed.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

What If A Prison Sentence Was Imposed?

If a prison sentence was imposed alongside the disqualification from driving, the Court would have extended the disqualification from driving to account for the prison sentence. The rules for applying for the removal of the disqualification therefore differ.

It can be difficult to navigate the exact point that a disqualification can be lifted in such circumstances. For further guidance please contact our office and speak with a specialist on 0333 443 2366.

Facing a charge of perverting the course of justice? Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

Get In Touch For Legal Advice Regarding Careless Driving Offences  

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases and presenting mitigation in court in order to secure the early removal of a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in such circumstances.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0333 443 2366.

The post How To Remove A Disqualification From Driving Early appeared first on Caddick Davies.

Many roads that previously had a 30 mph speed limit have now been changed to 20 mph following a law passed by the Welsh Government. The change will reduce the speed limit on plenty of speed-restricted roads in Wales and some local councils in England have followed suit too. The introduction of a 20mph speed limit in built-up areas aims to make the roads a safer place for pedestrians and cyclists and is fully enforceable by law enforcement.

Any change in speed limit is mandatory and therefore police can prosecute drivers exceeding the 20 mph limit regardless of how new it is. The reasons for the change include reducing collisions, injuries, air pollution, and noise while promoting the benefits of people walking and cycling.

Whether the new limits are clearly signed or not, drivers must obey them or potentially face penalties like fines, points, or disqualification.

Legal Guidance For Exceeding Change In Speed Limits

At Caddick Davies Solicitors, we understand the impact that any motoring offence charge can have. If you are facing a charge as a result of the introduction of 20mph limits, we can help you. We work with you so that you understand the process to come and explore all available defences and mitigating circumstances that could potentially reduce the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for more details on the change in speed limit from 30 mph to 20 mph in many areas in Wales and England.

Reasons For The 20mph Speed Limit As A New Normal

The Welsh Government set a national 20mph limit in urban areas in 2022, making it the default speed limit where pedestrians and cyclists mix with traffic on restricted roads. The evidence shows driving at 20mph instead of 30mph in an urban environment reduces collisions and injury severity – pedestrians are five times more likely to be killed if hit at 30mph. 20mph limits in these areas also improve air quality, and reduce noise pollution and fuel costs, while promoting healthier walk or cycle-to-school choices.

Though it may seem slower initially, consistently keeping to 20mph creates safer, quieter urban conditions without excessive acceleration and braking that wastes fuel and increases pollution. While journey times may increase by mere seconds, the benefits of introducing 20mph limits appear to outweigh marginal delays and Wales has taken a national lead on Road Safety.

Are 20mph Speed Limits Legally Enforceable? 

Yes, the change in speed limits from 30 mph to 20 mph roads is enforceable. Whilst the police may exercise discretion in the initial stages of the change, to allow people to adjust to the new speed limit, the police are still within their rights to prosecute if you exceed the 20 mph limit – even by only 1mph.

It is a common myth that the police cannot prosecute unless you have exceeded the speed limit by “10% plus 2mph”. It does not matter how fast in excess of the speed limit you are travelling. If you have exceeded the speed limit, you have committed an offence of speeding. It is a speed limit, not a target.

Distinguishing Mandatory vs Recommended Speed Limits

Mandatory Speed Limit

A speed limit displayed within a red circle is a mandatory speed limit, and failure to comply can affect casualty rates and road safety. The speed limit does not have to be permanent in order for it to be mandatory, and therefore speed limits displayed in red circles during road works are still mandatory.

A motorist must abide by the instructions given to remain within the law. If you fail to do so, there is a risk that you will be charged with a speeding offence and have your licence endorsed with penalty points, and in more serious cases, a disqualification from driving.

Recommended Speed Limit

A recommended speed limit will be displayed when a stretch of road is potentially hazardous. For example:

1. A recent road traffic collision.
2. Congestion of traffic.
3. Road works.
4. Traffic officers in vulnerable locations.
5. Extreme weather conditions.

Such signs are not mandatory, and this is indicative of how they are displayed. They are not displayed within a red circle and are therefore not enforceable as the mandatory speed limit.

Recommended speed limit signs can often cause confusion and therefore it is important to acknowledge them and consider your surroundings whilst also not forgetting the mandatory speed limit for that road.

Even if a speed limit is not mandatory, the prevailing conditions may mean that it is suitable for you to follow what is recommended.

Penalties For Exceeding The New Speed Limit

If you are charged with an offence of speeding the police with either discharge liability by way of an out-of-court settlement (a Conditional Offer of Fixed Penalty), a speed awareness course or if the offence is too serious, court proceedings.

A Conditional Offer of Fixed Penalty

A Conditional Offer of Fixed Penalty for a speeding offence will always be 3 penalty points and a £100 fine. If you choose to accept this offer you will be required to provide your driving licence information to the police and pay the fine. The points will then be updated on your record by the DVLA.

You can only accept the offer if you have 8 or less points on your licence, as you would otherwise be required to go to court for consideration of a “totting up” disqualification (accumulating 12 or more points within a 3 year period).

Further info: Exceptional Hardship and Totting Up.

If the offence was committed during the first 2 years following you passing your driving test, and acceptance of the points would see you hit 6 penalty points on your driving licence, then your driving licence will be revoked by the DVLA if you accept the offer.

The Police will typically offer a Conditional Offer of Fixed Penalty for the below speeds:

• Up to and including 30mph in a 20mph speed limit
• Up to and including 40mph in a 30mph speed limit.
• Up to and including 55mph in a 40mph speed limit.
• Up to and including 65mph in a 50mph speed limit.
• Up to and including 80mph in a 60mph speed limit.
• Up to and including 90mph in a 70mph speed limit.

The police can and do offer a Conditional Offer Fixed Penalty for higher speeds. These offers are only discretionary and therefore the police do not have to offer them to you, even if you fall within the above category, but generally do (if your licence is capable of accepting them).

It is important to note that once you have accepted a Conditional Offer of Fixed Penalty it is not possible to cancel it.

Speed Awareness Course

If you have a full UK driving licence and have not taken a speed awareness course in the past 3 years then the Police can offer you to attend a speed awareness course for the below speeds:

• Up to and including 31mph in a 20mph speed limit.
• Up to and including 42mph in a 30mph speed limit.
• Up to and including 53mph in a 40mph speed limit.
• Up to and including 64 mph in a 50mph speed limit.
• Up to and including 75mph in a 60mph speed limit.
• Up to and including 86mph in a 70mph speed limit.

This offer is discretionary, even if you qualify. The course will cost you approximately £100 to attend, depending upon the course provider, but will avoid the endorsement of points on your licence. It can be taken online and usually lasts half a day,

Court Proceedings

If the matter is taken to court, then the penalty that you will face is as follows:

If the Court believes that you have driven “grossly in excess” of the speed limit then they can consider a disqualification in excess of 56 days. Unfortunately, there is no definition as to what “grossly in excess” means and will be at the Court’s discretion. The length of the disqualification is also determined by the Court.

Lack Of 20mph Speed Limit Signage As A Defence

If the speed limit has allegedly changed but there is no clear signage indicating as such, then you may have a valid defence to the charge. In such circumstances, you should seek legal advice immediately to discuss your options.

In this instance, it may be suitable to take the speeding offence to court where a trial would be run and the following may be required:

1. Giving evidence under oath that there was no signage.
2. A passenger in your car attended as a witness to give evidence under oath that there was no signage.
3. Service of dash cam footage to demonstrate that there was no signage.

Notwithstanding the above, it will be the prosecution’s job to prove beyond reasonable doubt that you were guilty of the offence. This requires providing evidence that you have committed the offence, including evidence what the speed limit was if you challenge it on that basis.

We would only recommend challenging a charge on this basis if you are certain that the speed limit was not what the police or prosecution allege it to be.

Have a valid defence to a charge of speeding? Please contact us for a free consultation and an assessment as to your case.

Obstructed or Unclear 20mph Signage – “Special Reasons” Defence

If you have committed an offence of speeding, but the signage was obstructed or unclear, then you may have some success in advancing an application for “special reasons”.

“Special reasons” is an application that will allow the Court to not punish you for the offence and endorse your driving licence with penalty points or a disqualification, even though an offence has technically been committed.

Whilst the legal basis for a “special reasons” argument is derived from statute, a clear definition of “special reasons” was established in the case of R v Wickens (1958) which states that four requirements must be present in order for “special reasons” to exist:

1. It must be a mitigating or extenuating circumstance and;
2. It must not amount to a defence in law and;
3. It must be directly connected with the commission of the offence and;
4. The matter must be one which the Court ought properly to take into consideration when imposing punishment.

If you believe that you may have a valid argument for an application for “special reasons” then please contact us for a free consultation and an assessment as to your case.

Further information: Special Reasons Applications 

Avoiding Disqualification When Exceeding The New Limit 

If you are facing a disqualification due to exceeding the speed limit excessively, then it may be possible to avoid a disqualification or at least reduce the disqualification imposed.

When considering whether to endorse penalty points or a disqualification the Magistrates’ will consider the circumstances as to how the offence occurred as well as mitigating circumstances such as good character as well as the impact a disqualification would have upon those around you should you be disqualified from driving.

This is owing to proportionality as it would be in proportion to the offence to disqualify someone from driving which will indirectly lead to punishing those around them through no fault of their own.

The Court will consider the below as aggravating features:

1. An offence committed whilst on bail.
2. Previous convictions.
3. Poor road or weather conditions.
4. Driving a goods vehicle.
5. Towing a caravan or trailer.
6. Carrying passengers or a heavy load.
7. Driving for hire or rewards
8. Location near a school.
9. High level of traffic or pedestrians.

The Court will consider the below as mitigating features:

1. Clean driving licence/good driving record history.
2. Clean criminal record/good character.
3. Good road or weather conditions.
4. No passengers.
5. Low-level traffic or pedestrians.

The Court may also take into consideration the importance of your licence such as needing your licence for:

1. Your job.
2. Consequently financially.
3. To assist a vulnerable friend or family member.
4. To run a business.
5. To attend medical appointments or for your health generally.
6. Limited public transport links.

Requesting A Court Hearing For 20mph Speeding Offences

If a speeding matter is taken to court you will receive a “Single Justice Procedure Notice” charging you with the offence. This notice gives you 21 days to respond. You have the below options when responding:

1. Plead guilty – attend court.
2. Plead guilty – case dealt with in your absence.
3. Plead not guilty.

If you are seeking to avoid a disqualification from driving it is recommended that you attend a hearing so that mitigation can be presented. You can therefore tick the first option above. It is usually easiest to respond online so that the Court receives your plea and request for a court hearing immediately.

The police have a period of 6 months from the date of an alleged offence to issue proceedings in the Magistrates’ Court.

Issuing proceedings is not:

1. The date that you receive the paperwork.
2. The date that the paperwork was posted.
3. The date that the charge was authorised.

Proceedings are issued when the paperwork is prepared to be sent out.

If you are unsure if proceedings have been issued out of time, then contact us for a free consultation. If proceedings have been issued out of time, then you may have a valid defence to the charge as the proceedings would be “time barred” pursuant to Section 127 of the Magistrates’ Court Act 1980.

Summary: Consequences Of Speeding In A 20mph Zone 

In conclusion, the change from 30mph to 20mph speed limits on many roads, especially across Wales, is a legal requirement that is being enforced by police. While some discretion may be shown initially, drivers can still face penalties like fines, points or disqualification for exceeding the new 20mph limits, even by just 1mph over the limit.

Drivers need to pay close attention to speed limit signage and differentiate between mandatory limits displayed in red circles versus recommended advisory speeds. Even if signage is lacking or obstructed, ignorance is no defence and the onus is on drivers to ensure they don’t speed. Depending on the extent of the offence, penalties range from conditional offers of fixed fines/points, speed awareness courses, or court proceedings with potential disqualification.

Mitigating factors like good character, lack of previous offences, and personal hardship from a driving ban can persuade courts to reduce penalties. Overall, being caught exceeding the new 20mph limits can have serious consequences.

Get In Touch For Legal Advice Regarding Speeding Offences 

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing cases, defending charges, and presenting mitigation in court in order to avoid or reduce a disqualification. We understand the complexities of these cases and have a proven track record of successfully assisting clients in avoiding driving disqualifications.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that you have a defence or mitigating circumstances that should be considered in your speeding case, please do not hesitate to contact our office for a free consultation at 0151 944 4967.

The post Back To 20mph: The Change In Speed Limit from 30 to 20 mph In Wales appeared first on Caddick Davies.

If you are facing a potential driving ban due to accumulating 12 or more penalty points within three years under Section 35 of The Road Traffic Act 1988, there may be a way to avoid disqualification through an exceptional hardship plea. An application for “exceptional hardship” allows you to argue that a driving ban would cause you or your family exceptional hardship beyond the normal inconveniences.

If successfully argued, this application can prevent a “totting up” disqualification which is a minimum of 6 months, and allow you to keep your licence despite having 12+ points. In this situation, seeking expert legal representation is crucial to effectively present your exceptional hardship case to the court and increase your chances of avoiding disqualification.

Expert Representation for Exceptional Hardship

If you are facing a potential driving ban due to accumulating 12 or more penalty points within three years, you may have a valid application for exceptional hardship. A driving disqualification can have severe consequences, impacting your ability to work, care for loved ones, and maintain your daily life. In such a critical situation, it’s crucial to seek expert legal representation.

At Caddick Davies, we understand the profound impact a driving ban can have. If you are at risk of a totting up disqualification, don’t hesitate to contact us for a free consultation. Our experienced solicitors will guide you through the process and explore all available grounds for establishing exceptional hardship, potentially avoiding or reducing the severity of the penalties you face.

You can contact our office for a free consultation on 0151 944 4967.

Read on for further insight into exceptional hardship applications against driving disqualifications. Including the totting up procedures, grounds for exceptional hardship, sentencing guidelines, and the importance of seeking legal advice from qualified experts.

What is Exceptional Hardship in Driving Offences?

If you get 12 or more penalty points on your driving licence within 3 years, you normally face a minimum 6-month driving ban. This is often called a “totting up” disqualification.

The court looks at any penalty points that were valid when you committed the offence, even if those points have expired by the time of your court case; but any penalty points still visible on your licence for an offence committed more than three years prior to the commission of the current offence, will not be taken into consideration, pursuant to Section 29 of The Road Traffic Offenders Act 1988

The length of the ban depends on your history:

• If you’ve never been disqualified before, it’s a 6-month ban
• If you’ve been disqualified once before, it’s a 1-year ban
• If you’ve been disqualified more than once before, it’s a 2-year ban

The court counts any previous driving bans over 56 days that were imposed within the last 3 years.

You can make an application for “exceptional hardship” to try to avoid the disqualification, even with 12+ points. Exceptional hardship means the driving ban would cause you or your family exceptional difficulty beyond normal inconvenience.

If successful, you keep your licence despite having 12+ points but you can only advance the same exceptional hardship grounds once every 3 years.

What Factors Will The Court Consider for Exceptional Hardship Claims?

At the point of sentencing you for your most recent offence, the Court will consider whether or not there are sufficient grounds to reduce or avoid a totting-up disqualification.

The Court will only take into consideration factors which amount to hardship being caused and must be satisfied that these factors amount to more than just an inconvenience. The hardship the person would be subject to needs to be exceptional in nature.

A driving disqualification will inevitably cause some nature of hardship for the person disqualified and their immediate family, therefore the exceptional nature of the hardship faced must be demonstrated to the court sufficiently.

The court will not take into consideration the following, pursuant to Section 35(4) of the Road Traffic Offenders Act 1988.

(a) Any circumstances that are alleged to make the offence (or any of the offences whose penalty points are to be taken into account) not serious,

(b) Hardship, other an exceptional hardship

(c) Any circumstances which, within the three years immediately preceding the conviction, have been taken into account to reduce or avoid a totting up disqualification.

How to Build a Strong Exceptional Hardship Argument

A driving disqualification can substantially impact your life and ability to support yourself. The strongest exceptional hardship applications demonstrate multiple ways a ban would affect you and those around you. The court considers the hardship on the driver, but also on innocent third parties like family, friends and colleagues.

Employment Impacts – Loss of Job Alone May Not Be Enough

Losing your job is often seen as an inevitable result of a driving ban; however, if your job loss would cause significant hardship for your employer, this can strengthen your argument. For example:

• If your company paid for special training and would face hardship training someone new
• If you have specialised skills and it would be very difficult to find a replacement
• If you are required to drive regularly for your job (e.g. taxi, truck driver)
• If the company is small and would face financial difficulty without you
• If a coworker relies on you for transportation to keep their job
• If you provide essential public services like nursing or emergency medical care

Alternative Employment Difficulties

It’s also important to show if you would struggle to find alternative work without a licence, especially if you have extensive experience/training in your current field.

Work Schedule Impacts

If you work unconventional hours with limited public transit options, prove this with evidence like employment contracts and transit schedules.

Impacts on Your Business

If you own or manage a company, show how a ban could impact your clients, employees and their families with supporting evidence.

A driving disqualification can have a substantial impact on a person’s life and their ability to support themselves. The strongest “exceptional hardship” applications are those which have a number of different grounds to rely upon, as it demonstrates to the Court the many ways in which a disqualification would affect you and those around you.

Whilst the court will take into consideration the impact a disqualification has on the driver, they will also take into consideration how a disqualification would affect innocent 3rd parties, such as the offender’s family, friends and colleagues.

Financial Hardship Considerations

While some financial impact is inevitable with a driving ban, the court may consider if the disqualification would cause you or others severe financial hardship, forming part of an exceptional hardship argument. Be prepared to provide a full picture of your financial situation and potential consequences.

Personal Financial Obligations

• If you have any personal loans or credit cards which you would be unable to pay and fall into arrears for.
• If you reside alone, a disqualification would result in loss of employment/income which would render you unable to pay for essential bills such as rent/utility.
• If you reside in a mortgaged property and would be at risk of losing your home if you were unable to make a mortgage payment.
• If you reside in a rented property and would be at risk of being homeless if you were unable to make rent payments to your landlord.

Family Financial Support

• If you are the sole or main earner of your household, you would be unable to financially support your family if you were disqualified.
• Inability to assist others you support financially (rent, tuition, international money transfers, etc.)

Review of Savings

The court will also consider any savings you have and whether it’s enough to sustain you during the disqualification period.

Providing Financial Evidence

You can evidence your financial situation in many ways such as bank statements, loan/mortgage agreements and rental agreements/utility bills. It is important to ensure you evidence sufficiently any financial support you offer to other people. For example, if you are assisting someone with university tuition payments, you would need evidence of the cost of these payments, you paying the money out and obtaining a supporting statement from the person you assist.

Caregiving and Medical Conditions: Exceptional Hardship Considerations 

If you rely on your licence to provide caregiving to someone and would be unable to do so if disqualified, the court will also take this into consideration. A number of duties can fall under caregiving such as but not limited to:

• If you are a registered part or full time carer for someone
• If you assist a family member or friend with transportation to medical appointments
• If you visit someone to assist them with tasks such as cooking cleaning or carrying out essential daily responsibilities and would be unable to continue to do so if you were disqualified from driving
• If you assist someone with transportation to school or work because they are unable to take public transport due to a medical reason

In order to evidence the assistance you provide sufficiently, it would be beneficial to obtain a supporting statement from the person you assist and also medical records to demonstrate any conditions they suffer from.

If you suffer from a medical condition yourself and require the use of your vehicle to access hospital or medical appointments, this may help strengthen your exceptional hardship application. This should also be referenced if you believe the use of your vehicle assists you with a medical condition you have. For example, if you struggle walking long distances so rely upon use of your vehicle to carry out essential tasks.

Preparing for Court: Documents and Evidence to Support Your Exceptional Hardship Claim

In order to ensure your “exceptional hardship” application is as strong as possible, it is crucial to obtain supporting documents to demonstrate a disqualification would or is likely to cause exceptional hardship. All the information provided must be factual and you must not attempt to mislead the court in any way.

Supporting documents can include but are not limited to:

• Supporting statements from anyone who be impacted by your driving disqualification, such as dependants, family and friends
•  Supporting statement from your employer
• Supporting statements from employees/colleagues
• Contract of employment
• Medical records
• Letter from GP
• Bank statements
• Bills
• Mortgage or rental agreement
• Google Maps demonstrates a lack of public transport or that you reside in a rural area

In many cases, it can assist in bringing the author of supporting statements to court with you. For example, if a large portion of your exceptional hardship application rests on your ability to provide caregiving for your partner, it would strengthen your argument if they are able to give verbal submissions in person at court.

Do I need to attend court if I have a solicitor or barrister instructed?

Yes, whilst your solicitor or barrister will advance your legal argument, you will still need to attend court in case the bench/judge wishes to ask you any questions.

Do I need a solicitor to assist with an Exceptional Hardship Application? Argument?

We would advise seeking legal advice if you are considering making an exceptional hardship argument, as a legal professional that specialises in this area of law will be able to advise you if your argument has reasonable grounds of success. Find out more: How can a solicitor help to reduce your motoring offence sentence.

Legal Assistance for Exceptional Hardship Cases

At Caddick Davies Solicitors, we have a team of specialist motor defence lawyers who are experts in preparing and presenting “Exceptional Hardship” applications in court. We understand the complexities of these cases and have a proven track record of successfully assisting clients in avoiding driving disqualifications.

From the most straightforward to the most intricate cases, we are dedicated to providing personalised support and guidance. We begin every enquiry with an informal discussion to gain a thorough understanding of your unique circumstances and to address any questions you may have in complete confidence.

If you believe that there are mitigating circumstances that may qualify for exceptional hardship and that should be considered in your case, please don’t hesitate to contact our office for a free consultation at 0151 944 4967.

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