You might have questions about road offences. If they are not answered below, just give us a call on 0131 661 3210.
What are the most common drink driving charges and offences?
They are the following: Driving while unfit through drink (DR20) or drugs (DR80) Driving with excess alcohol (DR10), or failing to provide a specimen for analysis (DR30).
All are serious offences with potential loss of your license. Plus heavy fines and also possible custodial sentences in the most severe of cases.
Are there any differences to how speeding tickets are issued in Scotland?
Scottish proceedings operate pretty much the same way, with a few exceptions. In England and Wales, officers can issue a Fixed Penalty Notice (FPN) to a driver they stop. In Scotland, Conditional Offers are always used.
Another difference: in England and Wales, unpaid fixed penalties (both conditional and penalties issued at the time of an offence) are registered with the offender’s local court for payment. Here, the original offence is reported to the Procurator Fiscal for prosecution and any non-payment normally referred to the district court.
What actually is ‘careless’ driving?
- Driving too close to the vehicle in front.
- Failing to give way at a junction (not requiring evasive action by another driver).
- Overtaking and pushing into a queue of traffic.
- Being in the wrong lane and pushing into a queue on a roundabout.
- Lane discipline, such as needlessly hogging the middle or outside lanes.
- Inappropriate speed.
- Wheel-spins, handbrake turns and other careless manoeuvres.
And the penalties? Well, the police can impose a fixed penalty, a fine of £100 and three penalty points. This can be issued at the roadside.
If I thought I was insured, but it turned out that the insurance had lapsed. Does this mean a licence endorsement?
The facts are that in law it is an offence to use a vehicle without insurance, whatever you may think. Even if you genuinely believe you’re insured, you have broken the law. Of course, you can argue that your licence shouldn’t be endorsed. We have had success in court on behalf of clients who 100% believed they were insured.
I already have 9 points with a further three for speeding. Is it inevitable that a ban will follow after the totting up procedures?
Whilst not entirely guaranteed, there is a procedure that can provide a persuasive argument that if you are disqualified it will cause severe hardship to you, or others.
Will I always have to appear in court?
If it’s a fairly minor road traffic offences, you might not have to appear. However, if it’s the case that the court is considering disqualification, chances are you will have to be there. Remember, to have the most chance of suffering the inconvenience of attending at court please instruct us at the very earliest opportunity.
Will I qualify for Legal Aid?
Many road traffic cases do qualify for legal aid cover, especially if there’s likely to be an impact on your liberty or livelihood. Ask us whether your charge is likely to qualify, and also if you pass the financial eligibility test. As always, your first consultation is free at Collins & Co Defence Lawyers.