News
9 December 2008
Treacherous Roads for Drivers this Christmas.
It isn’t just the icy road conditions that are causing a hazard to drivers this Christmas.
An increased police presence on the roads over the festive period and new Government proposals will mean that drivers could be starting the New Year either disqualified from driving, or on the brink of disqualification.
This year the police are concentrating their attention on the ‘morning after’ drink driver but, their greater presence on the roads will naturally mean an increase in the detection of other motoring offences such as speeding and using hand-held mobile phones whilst at the wheel.
High mileage drivers, particularly those who drive in the course of business, are particularly vulnerable at this time of year. Loss of a driving licence can have severe consequences for business men and women in already difficult times.
The Government have recently unveiled proposals for the New Year whereby drivers could face automatic disqualification following a second speeding conviction.
This is possible now under the present law where speed limits are exceeded substantially, but the recent proposals are indicative of a continuing trend by the Government towards heavier penalties for drivers who break speed limits.
The law has also been strengthened in relation to using a hand-held mobile phone whilst driving. This offence now carries 3 penalty points and a fine on conviction and is an offence which could lead to a disqualification under the ‘totting-up’ provisions. This means that an automatic disqualification of a minimum period of 6 months can be imposed if a driver incurs 12 penalty points or more within 3 years.
A 6 month disqualification is usually too long for the driver to make temporary transport arrangements. Consequently, affected businesses are unlikely to be able to sustain a situation where an employee is unable to drive for such a lengthy period.
However, help is at hand. With expert legal support it may be possible to avoid disqualification despite ‘totting up’ to 12 points or more; exceeding the speed limit; driving with excess alcohol; or committing any other motoring offences which usually leads to consideration of a disqualification.
At Beswicks, our team can advise individuals and businesses on all aspects of road traffic law in order to achieve the best possible outcome.
Recently, for example, we successfully defended at trial an HGV driver accused of driving on a motorway whilst using a hand-held mobile phone and in another case saved a company director from disqualification despite exceeding 12 points for a speeding offence.
So, if you have an unwelcome brush with the law this Christmas, consult the experts at Beswicks immediately, and let us keep you on the road in 2009.
Disclaimer
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published.Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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