Poor postal services due to the pandemic are helping road traffic defendants
The pandemic has put a big strain on UK postal services. With staff members becoming ill and having to self-isolate this has led to reduced services across Royal Mail and other courier companies.
This has resulted in instances where post has been delivered days or even weeks after the date it was supposed to arrive.
How late arriving mail can help your road traffic defence?
The Interpretation Act governs this area of law. It states that properly addressed and prepaid letters are deemed to have been served at the time that the letter would have been delivered in the ordinary course of post. This has been interpreted as the second working day after the date it was posted. If evidence can be given to challenge the date of a letter’s actual delivery, it can result in certain types of road traffic prosecutions being contested.
We have had numerous decisions over the last year which have resulted in our clients avoiding prosecution for road traffic offences. They have been found not guilty because official correspondences have not been delivered to them in reasonable time by mail.
The law in relation to the requirement for Notices of Intended Prosecution is contained in Section 1 of the Road Traffic Offenders Act 1988 but it is complicated. If you believe you have not been given enough time to respond to your notice, or the chance to contest the notice has passed completely you should seek representation from a solicitor with experience of this issue immediately.
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What is the legal eyesight standard for driving? Section 96 of the road traffic act 1988 explained
On the 12th of April 2020 Dominic Cummings drove to Barnard Castle to test his eyesight. This is not the recommended way to test your vision. If you need a legal eyesight test for driving we would advise you steer clear from driving until you’ve had a professional checkup.
One year on from this news story and our expert driving lawyer Gwyn Lewis explains the laws in relation to eyesight when driving and why checking your sight in the way Dominic did might lead to prosecution.
If Dominic shared the reasons he was driving to the castle with a Police Officer (he was testing his sight after a positive Covid-19 test led to a reduction in vision) the on duty officer may have asked him to perform an eyesight test at the side of the road and things may have turned out quite differently for him.
Mr Cummings might have found himself being prosecuted, having his driving licence suspended or even being disqualified from driving.
What is the law in relation to eyesight and driving?
The Law is found in section 96 of the Road Traffic Act 1988. The law states a person must all be able to fulfil minimum qualifications in terms of their eyesight. Those who fail are liable to receive a fine, 3 penalty points and possibly disqualification from driving.
Can the Police request a roadside eye test?
Yes, if a Police Officer suspects a person of not having sufficient eyesight to be able to drive, they can require a driver to carry out a test of their vision. The officer must be in uniform, it must be between 8am and 9pm and must be daylight.
How do the police test a driver’s eyesight?
Many will remember being asked at their driving test to read a vehicle registration plate from a distance. The test required by a police officer is the same and is found in Rule 92 of the Highway Code.
This states a driver must be able to read a number plate on a vehicle from 20 metres away using their normal vision. This is also with the use of any glasses or contact lenses if worn whilst driving.
Can I refuse a driving eyesight test?
Yes, the police can’t make you read the number plate. But there could be serious consequences if you don’t.
What happens if I refuse a driving vision test?
If you refuse you are likely to receive a summons for an offence contrary to section 96(3). The police are also able to contact DVLA and recommend that your driving licence is revoked.
If the police believe you are a danger to the public due to poor eyesight, then this could be fast tracked meaning that your licence could be revoked within hours.
If revoked it will not be returned until you can prove that your eyesight can meet the minimum standard.
Do I need to tell DVLA if I wear glasses?
No, if you are long or short sighted you do not need to inform the DVLA providing that you wear glasses when driving in order to satisfy the standards for vision.
The same applies if you have had corrective surgery.
Do I need to tell DVLA if I am colour blind?
No, you may drive and do not need to notify DVLA.
When do I need to notify DVLA in relation to my vision?
You need to notify DVLA if you have been diagnosed with a number of different eyesight conditions including Diplopia, Blepharospasm and Nyctalopia. If you are unsure about whether you need to inform DVLA then please contact us.
Need more information
If you need any further information or advice then our team of expert driving lawyers are available to assist you, for an immediate response please contact us.
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Are You A High-Risk Offender? – The Reason Why Your Ban Might Be longer Than Expected or Indefinite!
There are many defendants convicted of drink driving offences who leave the Courtroom with a belief as to the actual length of the driving disqualification which had just been imposed. But for a significant number further down the line they will be shocked to discover it could be far longer. For some it could be indefinite.
Contrary to popular belief, there is no definitive legal ‘right’ to hold a driving licence in the United Kingdom. Being of at least 17 years of age and having passed both parts your driving test and not otherwise being disqualified doesn’t guarantee you a right to a driving licence.
To be clear, the Secretary of State for Transport has the legal right, where justified in the circumstances, to withhold a driving licence. A drink drive conviction is one of the circumstances where a driver may be deemed a ‘high-risk’.
But what is a High-Risk Offender (HRO)?
The HRO scheme applies to drivers convicted of the following:
1. Disqualification for driving or being in charge of a vehicle when the level of alcohol in the body equalled or exceeded either one of these measures:
– 87.5 mcg per 100 ml of Breath
– 200.0 mg per 100 ml of Blood
– 267.5 mg per 100 ml of Urine
2. Two disqualifications within 10 years for drink-driving or being in charge of a vehicle while under the influence of alcohol.
3. One disqualification for refusing or failing to supply a specimen for alcohol analysis.
4. One disqualification for refusing to give permission for a laboratory test of a specimen of blood for alcohol analysis.
If I fall into one or more of the categories, will I be able to apply to get my licence back?
It means that at the end of your disqualification period, your licence will not be returned.
So how do I get my licence back then?
You will need to have a medical assessment of your suitability to hold a driving licence; this will consist of three parts as explained below:
- A Questionnaire
- Serum CDT (Carbohydrate-Deficient Transferrin) Assay tests
- Any further testing indicated as being required.
If a driving licence is awarded, the ’til 70 licence is restored for a Group 1 car and motorcycle driving. Also, consideration may be given for a Group 2 licence.
If a high-risk offender (HRO) has a previous history of alcohol misuse or dependence but has given satisfactory examination and blood tests, a short period driving licence may be issued for ordinary and vocational entitlement, but it is dependent on the drivers ability to meet the required standards as specified above.
A HRO found to have a current history of alcohol dependence or misuse or unexplained abnormal blood test results is likely to have the application refused. It is in those circumstances it is possible that a HRO who may never be able satisfy the above, may never get their driving licence returned.
As a HRO what steps can I take?
You are likely to need to reduce your alcohol intake significantly if you are regularly consuming large quantities of alcohol, otherwise, this pattern of alcohol abuse will reveal itself when the blood sample is analysed (for liver function markers).
Why did the court not warn me about this?
Unfortunately, in our experience, defendants are often not advised of this consequence relating to drink driving convictions. Our motoring lawyers regularly take calls from HRO wanting advice on what they can do about it.
Can I Appeal?
Yes you can. We have a dedicated team of driving offence experts who are ready, able and willing to assist you through the process.
If you would like to discuss this further with one of our experts, then please contact Nick Terry or Gwyn Lewis on insert number
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FAQS: Driving Disqualification
Can a Driving Ban be Removed Early?
The short Answer is yes it can in certain circumstances, a disqualification may be removed early by an application being made to the court.
When Can I Apply to Remove A Driving Disqualification?
For this to occur, a minimum period of two years must have elapsed from the date when the original disqualification was imposed and if the original disqualification was for longer than four years, then half the disqualification period must have elapsed before any such application can be made.
What will the Court Consider in Deciding Whether to Remove a Disqualification?
The court then has a very wide discretion to consider the return of a licence early, having regard to the applicant’s character, his conduct subsequent to his conviction, the nature of the original offence and any other circumstances of the case, they can remove the disqualification.
The application has to be made to the original court that imposed the disqualification, this could be to the Crown or Magistrates Court.
How Can We Help?
We have considerable track record of success in relation to these applications, as it is a discretionary power and so long as some good reason can be shown as to why the licence should be returned early, for example a new job prospect or perhaps some pressing need within the applicant’s family, then such applications are often successful.
The court has the power to remove the disqualification or refuse the application altogether, however the court also has the discretion to remove the disqualification “from such date as may be specified in the order” and so on occasions, we are able to persuade the court that whilst it may not yet be appropriate to return a driving licence, upon the passage of some further period of time the application can be granted. Additionally if refused, it is possible to renew the application once again before the court once three months has elapsed.
Please contact us to discuss how we can help
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What Is The Law Regarding Driving Under The Influence Of Cannabis?
While it’s common knowledge that drink driving is a crime, fewer people are aware of the law relating to driving under the influence of cannabis. Let’s look at just a few things to take into account.
Can the police force me to take a drug test even if my driving isn’t impaired?
If police officers have reason to suspect you’re driving under the influence of a controlled drug such as cannabis, they’re legally permitted to conduct a roadside drug test.
Roadside drug testing kits have made it easier for police officers to arrest people for drug driving, enabling them to test for controlled substances immediately after pulling someone over.
If a test suggests you’ve taken one of the 17 listed controlled substances, you’ll be arrested and taken for a blood or urine test at the police station.
What evidence is needed for a conviction?
In March 2015, the drug driving law changed to make it an offence to drive with one or more controlled drugs above a specified level in your blood.
The change in Section 5A of the Road Traffic Act means that the police no longer have to prove that a driver was impaired by drugs they have taken. Instead they simply have to show that drugs had been in their system above the specified level.
If it can be proven in court that a person was driving over the legal cannabis limit, there may be a conviction.
What sentence will I receive for driving under the influence of cannabis?
If the prosecution can prove that you were under the influence of cannabis while driving, you could face disqualification, an unlimited fine, up to 6 months in prison, and a criminal record.
Your driving licence will also show the conviction for up to 11 years.
Causing death by dangerous driving under the influence of drugs can result in a prison sentence of up to 14 years.
What other problems could I face for driving under the influence of cannabis?
A drug driving conviction could see your car insurance costs rise considerably. If your job involves driving, your employer will find out about your conviction. Employers may also learn about your conviction if they carry out a criminal record check.
Having a drug driving conviction could affect your ability to travel. Some countries such as the USA are very strict when accepting people with criminal convictions into the country.
What should I do if I’ve been arrested of driving under the influence of cannabis?
If you’ve been arrested for driving under the influence of cannabis, it’s crucial that you seek legal support as soon as possible. A lawyer will help to defend you from the moment you have your first police interview right on through to your court case if necessary.
To speak to one of our solicitors, please get in touch. We’re available around the clock so you can rest assured we’ll be on hand when you need us.
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The Morning After: Why It Can Be Dangerous To Drive The Day After A Night Out
20% of British drivers have admitted to driving the morning after a night of heavy drinking, despite still being intoxicated with alcohol.
According to a survey by road safety charity, Brake, many motorists believe that if they’ve had some sleep following their drinking session, they’ll be alright to drive afterwards. However, in reality, many of these drivers may still be over the alcohol limit when they get behind the wheel.
With drink drivers causing an estimated 240 deaths and more than 8,000 casualties a year it’s crucial that you ensure all alcohol has left your system before driving.
How quickly is alcohol removed from the body?
Alcohol is removed from the blood at approximately one unit per hour, but this can vary from person to person. The speed in which your body processes alcohol can depend on a multitude of factors including your size, sex, age, metabolism, how much food you’ve eaten and the health of your liver. If you’re taking medication, this may also have an impact.
How can I speed up the process so I can drive sooner?
From drinking lots of water to eating a big greasy breakfast, most people have tricks up their sleeves to ‘sober up’. However, while these tactics may make you feel less drunk, they don’t actually speed up the time in which it takes for alcohol to leave the body. Unfortunately, it’s simply a case of being patient and waiting it out until the alcohol is gone.
How many units does a drink contain?
The number of units in an alcoholic drink can vary depending on the type of alcohol, the size, and the brand. The following list from the NHS can serve as a rough guide:
● 175ml glass of wine of average strength (12%) – 2.1 units
● 250ml glass of wine of average strength (12%) – 3 units
● One pint of low-strength lager, beer or cider (3.6%) – 2 units
● One pint of high-strength lager, beer or cider (5.2%) – 3 units
● One single measure of spirits – 1 unit
What should I do if caught drink driving?
Being convicted of driving with excess alcohol can result in you being disqualified from driving. Just think how often you use and rely on your car whether for work, to drop the kids at school or look after relatives. A disqualification from driving is likely to have a devastating impact on your work and home life which is why you need immediate advice from an expert who specialises in these complicated areas of law.
For more information on drink driving, the law and possible consequences and defences see here.
To speak to one of our experienced driving offence solicitors, please get in touch. We’re available around the clock so you can rest assured we’ll be on hand when you need us.
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Are These Drink Driving Myths True Or False?
From drinking coffee to sober you up to refusing breath tests until you’ve spoken to a lawyer, when it comes to drink driving myths, we’ve heard them all. Today we’ll debunk just 6 of the most common driving driving fables.
1. It’s safe to drink two alcoholic drinks before driving – False
There is no scientific evidence to suggest it’s safe to drive after drinking two alcoholic drinks. Not only can this amount of alcohol impair your ability to drive safely, if you’re asked to take a breathalyzer test, you’re likely to fail it.
You still may fail even if you only had two drinks as it will be dependant on factors such as the alcohol content of the drink, timespan since drinking, and personal attributes such as size and weight.
2. Drinking lots of water after drinking alcohol can make it safe for you to drive – False
Some people believe that if they drink plenty of water towards the end of a night out, they can drive home afterwards, despite having several alcoholic beverages earlier on in the evening.
However, it doesn’t matter how much water you drink, the only thing that can make it safe for you to drive is time. Drinking water before driving won’t make you a safe driver. If you’re pulled over by police or involved in an accident, you’re likely to still be over the legal limit.
3. It’s always safe to drive the morning after a night of heavy drinking – False
Many drivers assume that a few hours sleep and a strong coffee is all they need to be fit to drive following a night out. However, according to the Department for Transport, one in five motorists found drink driving are caught the morning after.
More than a third of people underestimate when it’s safe to drive the next day and almost half of young drivers have admitted to driving the day after a heavy night.
In 2008, professional footballer Luke McCormick was imprisoned after admitting to causing death by dangerous driving after his vehicle ploughed into another car carrying a family on a day out.
Arron Peak, 10, and his brother Ben, eight were killed in the crash and their father Phil suffered serious injuries. McCormick was found to be twice over the drink drive limit after drinking heavily the night before.
In short, it’s not always safe to drive the next morning, even if you only feel a little bit hungover or you’ve had a big greasy breakfast.
4. You don’t have to take a breathalyzer test if you want legal advice first – False
Some people believe that they don’t have to take a breathalyzer test if they don’t want to and can request to see a lawyer first. However, this myth is absolutely false.
The police are legally allowed to stop you at any time if they wish you to take a breathalyzer test. They can do this if:
- They suspect you’ve been drink driving
- You’ve committed a traffic offence
- You’ve been involved in a road traffic accident
If you refuse to take a breath test, you can be arrested. If you have a genuine medical condition that prevents you from giving a sample, this may work in your defence.
5. Employers can’t find out about drink driving convictions unless it’s in the news – False
Drink driving convictions are recorded on the police national computer and if a current or potential employer carries out a CRB or DBS check on you, your conviction will show up.
6. If I move abroad, I won’t have to disclose my drink driving conviction – False
If you’re convicted of a drink driving offence, you will need to disclose this when applying for a travel visa. Also, if you wish to hire a car in another country, you will usually need to provide a full valid driving license in order to do so. If you have points on your license or no license at all, problems may arise.
To speak to one of our experienced driving offence solicitors, please get in touch. We’re available around the clock so you can rest assured we’ll be on hand when you need us.
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Legality Of Dash Cams
With advancements of technology the prevalence of privately recorded footage in the justice system has shown a marked increase. It seems there is seldom a noteworthy event that goes uncaptured by a gaggle of smartphones or such devices. There has also been a rise in the number of individuals having dash cams fitted to their own vehicles. Our Nick Terry discusses the legal implications and other issues future buyers or owners of dash cams might want to consider before hitting the record button.
Are dash cams legal?
The short answer is no, it is not unlawful for a dash cam to be fitted in a private vehicle despite the fact that some would argue it then records unsuspecting members of the public. In the UK however, use of such devices is not considered to breach any rights to privacy. This position cannot be said to be true of all European countries and so motorists should be mindful of this ensure they check the legal position should they decide to take their vehicle abroad.
However, there are other pitfalls which motorists should be aware of. If the car or van is a company vehicle then it is important that all potential users are informed as most dash cams also record audio inside the vehicle and this can be considered a breach of privacy. This will have applications to many vehicles including taxis, couriers and the pool cars.
It should also be noted that the fitting of dash cams is also important as it mustn’t be in the eye line of the driver otherwise this can amount to an offence in itself. For example S41D of the Road Traffic Act creates a specific offence where a driver is “not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead”.
Or if by virtue of the equipment it causes you to drive below standard of most competent motorists then you could find yourself being prosecuted for an offence of careless driving.
Buyer beware
If a dash cam is properly installed and all relevant parties are informed of its existence the device can be very useful should there be any incidents or collisions as the footage contained on the dash cam is admissible in the UK courts. That said, it must always be remembered that the footage is admissible both for and against the motorist that owns the camera. If a police officer were to stop a motorist, alleging that they had may be gone through a red light or undertaken a vehicle in a careless manner then the footage could be seized and used against them.
There is also nothing to stop a police officer looking back at other footage and you being prosecuted for a multitude of other violations and also listen in to your conversations.
Whilst dash cams clearly have their uses in modern society, there are a number of motorists we are sure who would not necessarily want every manoeuvre conducted or location visited to be recorded so it might be that a little more thought has to go into whether to purchase such an item before taking the leap.
To speak to one of our experienced driving offence solicitors, please get in touch. We’re available around the clock so you can rest assured we’ll be on hand when you need us.
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6 Driving Offences You Might Not Know Are Illegal
From driving without insurance to using your phone at the wheel, there are countless driving offences that are well known for being illegal. However, some motorists may be guilty of committing other driving offences without realising it. Here are 6 driving offences you might not know are illegal:
Overtaking at a pedestrian crossing
If you’re approaching a pedestrian crossing on a multi-lane road and a car is already stationary, it’s illegal to overtake it when the lights change to green. This law was introduced to protect pedestrians who might not be visible due to the stationary car blocking your view.
Flashing your lights for anything other than warning drivers of your presence
Some motorists commonly flash their lights to give way or to warn drivers of dangers on the road. However, the Highway Code states that drivers should only flash their lights if they need to alert other drivers of their presence and “Do not flash your headlights to convey any other message or intimidate other road users”. It has been reported that the Highways Agency claim that a breach could land people up in court but we doubt that to be the case. If however you flash your lights to warn other drivers of a speed camera you may face prosecution for police obstruction.
Using your phone as a sat nav without fixing it to the windscreen or dashboard
It is illegal to use a hand-held mobile as a sat nav when driving. To avoid breaking the law, your phone must be fixed to the windscreen or dashboard so that it’s in clear sight without having to be held.
Parking on the wrong side of the road at night
When parking at night, drivers must not park their cars facing against the direction of traffic. This law was introduced to prevent other drivers becoming dazzled by the parked car’s headlights. This rule also ensures that rear light reflectors are visible to oncoming cars.
Parking within 10 metres of a junction
Parking within 10 metres of a junction is considered against the law because other drivers may crash into the parked car while turning around a junction
Driving at more than 50mph in a van on a single carriageway road
Vans that are not car-derived must not exceed the following speeds:
- 50mph on single carriageways
- 60mph on dual carriageways
- 70mph on motorways
To speak to one of our experienced driving offence solicitors, please get in touch. We’re available around the clock so you can rest assured we’ll be on hand when you need us.
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Who’s To Blame When Driverless Cars Crash?
In 2015, there were more than 186,209 casualties in reported road traffic accidents. Of these, 22,137 people were seriously injured and 1,732 died. With human error often blamed for the majority of car accidents, the rise in driverless vehicles is predicted to change our roads for the better and save lives in the process.
However, although self-driving cars are set to reduce the number of accidents on the roads, concerns have been raised regarding the ethics of self driving cars along with the impact they’ll have on the insurance and legal sector.
Can We Trust Machines to Get us From A to B safely?
Although experts predict that driverless cars will significantly reduce the number of casualties on our roads, self-driving vehicles can certainly make mistakes.
On the 7th May 2016, Joshua Brown died when his Tesla driverless car crashed into a lorry while on ‘autopilot’ mode. An investigation concluded that the car failed to apply the brakes due to an inability to distinguish between the white lorry and the sky.
Although Tesla noted that this was the first fatality in 130 million miles of autopilot driving, it certainly wasn’t the first accident. There have been numerous crashes involving self-driving cars, including a collision between a Google vehicle and a bus in February 2016.
A Google spokesperson said: “On February 14, our vehicle was driving autonomously and had pulled toward the right-hand curb to prepare for a right turn. It then detected sandbags near a storm drain blocking its path, so it needed to come to a stop. After waiting for some other vehicles to pass, our vehicle, still in autonomous mode, began angling back toward the center of the lane at around 2 mph and made contact with the side of a passing bus traveling at 15 mph.
“Our car had detected the approaching bus, but predicted that it would yield to us because we were ahead of it. Our test driver, who had been watching the bus in the mirror, also expected the bus to slow or stop. And we can imagine the bus driver assumed we were going to stay put. Unfortunately, all these assumptions led us to the same spot in the lane at the same time.”
Who’s to Blame When Driverless Cars Crash?
The uncertainty demonstrated in the example above highlights just how difficult it could be to determine who is responsible following a driverless car collision, particularly if a self-driving car collides with a vehicle operated by a human driver.
In the wake of an accident involving a self-driving car, police officers, lawyers and insurers will need to assess how much control the people within the car had over the vehicle. At present, Google’s cars are truly self-driving and the intention is that they need no human intervention. Tesla’s vehicles, however, do require some assistance.
When the owner of a Tesla filmed the moment his car collided with a van parked in the fast lane of a highway, he blamed both the driver of the parked van and his self-driving car for failing to react. However, as one particular comment on his Youtube video pointed out, the manual for the car in question warns drivers that the vehicle might not brake/decelerate for stationary vehicles, meaning some intervention is required.
The Tesla owner said: “Yes, I could have reacted sooner, but when the car slows down correctly 1,000 times, you trust it to do it the next time too.”
This highlights the importance for consistency and clarity. Drivers need to know whether they can trust their vehicle to react in the face of danger or whether they need to take control themselves. After all, if a driver doesn’t trust their car to move out of another vehicle’s way, they may intervene and make the situation even worse. The driver may swerve into oncoming traffic mere seconds before the car was programmed to react in a much safer way.
In an essay about pilots and automation, William Langewiesche writes: “Automation has made it more and more unlikely that ordinary airline pilots will ever have to face a raw crisis in flight – but also more and more unlikely that they will be able to cope with such a crisis if one arises.”
With different manufacturers programming their vehicles based on their own research, there’s also a risk that two self-driving vehicles may collide as a result of conflicting programming.
Why Are Self-Driving Cars an Ethical Minefield?
When humans are faced with a crisis, it’s only natural for panic to set in and impulse to take over. In contrast, machines aren’t going to react on an emotional level and should, in theory, respond in the way they’ve been programmed to.
However, although the mass-adoption of driverless cars should lead to calmer roads free from stress, fear and aggression, it could result in accidents that humans deem unethical.
For example, one ethics-related scenario that manufacturers are facing is whether to prioritise passengers or pedestrians in the event of a crisis. If a car was to turn around a sharp bend on a single lane road and a child was to step in front of the car, leaving the vehicle no time to break, should the car continue going forward and hit the child or should it swerve into oncoming traffic, putting the family and other motorists in danger.
Of course, this scenario would be difficult even if a human was in control of the vehicle. But when a machine is programmed to make a certain decision months before it occurs, fingers are likely to point towards manufacturers in the event of a severe or fatal crash.
Although experts are confident that self-driving cars will make the roads safer, when accidents undoubtedly do occur, whether it’s the result of poor programming, a malfunction or conflicting decisions from the machine and the driver, these collisions are sure to drum up concerns and make people question the safety of driverless vehicles. After all, statistics show that flying is by far the safest way to travel. Yet that doesn’t stop people worrying about their next flight in the wake of a high profile – yet rare – plane crash.
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