FAQ

FAQ's

• Are there any special reasons for drink driving?
  

  There are certain circumstances when the explanation for driving may not be sufficiently compelling as to provide a full defence.  It is still possible to avoid a driving ban for drink driving if, however, a person has a special reason.

  This can include the case where a person is over the limit because their drinks have been spiked.  They are technically guilty of drink driving because they drove whilst over the limit but the reason for being over the drink drive limit was not their fault.  Clearly a person must not be aware or suspect that there drinks have been spiked.  At Trafficlawyer4u we deal with a very large number of cases of this nature with a very high degree of success. See our Drink Driving Spiked Drink case study.

  Another commonly used and successful special reason is if the person has driven the motorcar for a very short distance only.  If a person is guilty of drink driving but has only moved the car a short distance, with a very good reason and in circumstances where there was limited possibility of danger to other road users then the Court may be persuaded to avoid a drink driving ban in such a case.

• Can I avoid a driving disqualification?
  A person will avoid a driving ban if they can successfully put forward either a defence to drink driving or a special reason for drink driving.  The most commonly used and successful defence to drink driving is that of Duress/Necessity of Circumstance. 
  
  There are occasions in English law when it will be permitted to do something which would otherwise be unlawful.  This can include, for example when a person is in serious danger of physical harm, e.g. they may be about to be attacked or placed in some other form of danger, when the only realistic way to avoid this is to get in the car and drive. 
  
  If when this person does this they are over the limit and they are stopped by the Police they may have the defence of Duress upon the basis that they only drove the car whilst over the alcohol limit to avoid the imminent threat. 
  
  It should be noted that the person is only allowed to drive whilst over the limit for such period and distance as is necessary to negate the immediate threat.
• Can I go to prison for an offence of driving with excess alcohol?
  The magistrates Court does have the power to send people to prison for drink driving.  This power is rarely used although can be imposed if a person has large number of previous convictions for drink driving, the reading is exceptionally high or there has been an accident where serious injury or damage has been caused.  Please note that at Trafficlawyer4u we deal a large number of extremely serious drink driving cases on a regular basis. 
  
  Whilst one can never guarantee the outcome of  case, at Trafficlawyer4u we have the necessary experience and skill to do everything possible to avoid a custodial sentence no matter how serious the case.
• If my driving disqualification is longer than three years when can I make an application for early removal of the ban?
  If the driving ban is for longer than 3 year period it is possible to make an application to the Magistrates Court for early removal of the driving ban when half of the disqualification has been served. 
  
  This actually means that a person who has been disqualified from driving for a period of 4 years can actually make the application after 2 years have been served. 
  
  If , for example there has been a driving ban of 5 years then the individual will have to serve 2 ½ of the ban before making  an application for early removal of this.
• If I get a 3 year driving disqualification is there any way of reducing this?
  If a person is given a driving disqualification of 3 years, then after 2 years an application can be made for early removal of the driving ban.  The Court will consider the circumstances of the original offence, the behaviour off the individual during the course of the driving ban and, most importantly, the reason for the application. 
  
  At Trafficlawyer4u we make a very large number of these applications.  We have an extremely high success rate as we fully appreciate the importance to most people of getting their driving licence back as quickly as possible.
• Is it possible to reduce my driving disqualification?
  If any of our clients are disqualified from driving for an offence of driving with excess alcohol we automatically make an application to the Court for the client to be given the opportunity to carry out the driver’s alcohol awareness course.
  
  If the Court grants the application and the course is completed in accordance with the directions of the Magistrates Court then the disqualification can be reduced to up to 25%.
• Will I get a driving ban for drink driving and how long will this be?
  The penalty for driving with excess alcohol is a compulsory driving disqualification.   The length of the driving ban will depend on how far over the limit the person is.  The minimum driving ban for drink driving is 12 months. 
  
  If a person obtains a second conviction for drink driving within a 10 year period then the minimum driving disqualification is 3 years.  If a person pleads guilty or is found guilty of drink driving, although the Magistrates do not have a discretion they are legally obliged to impose a driving disqualification, they do have a very large discretion as to how long this can be. 
  
  It should be noted that considerable achievements can be made by a Traffic Lawyer when representing a defendant on a drink driving charge in order to persuade the Magistrates to treat the case as leniently as possible.  In very many cases we are able to obtain a driving disqualification for a person convicted of drink driving which is significantly below the Magistrates Court sentencing guidelines. 
  
  The Court will take account of things like, the circumstances of the offence, the persons driving history and the impact upon the individual of any driving ban.
• What are the penalties that the Court will impose for driving without Due Care and Attention?
  

  The Court has wide powers in relation to the penalties that can be imposed for this offence. If a person pleads guilty or is found guilty of this offence, the Court will endorse that persons driving license with between 3 and 9 penalty points.  Alternatively the Court can impose a period of disqualification for the offence.  The Court will also give consideration to the imposition of a financial penalty, which will be dependent upon a person’s financial ability to pay.

  
  It is important to note that a great deal can be achieved by a specialist traffic lawyer on behalf of a client pleading guilty to an offence of this nature.  Because the Court has such wide powers, it is very important to prepare and present a plea in mitigation with great care and attention to detail.  There are many situations, which on the face of it, appear to be quite serious, where vehicles have collided and people been injured and, despite this, the defendant has only received a relatively low number of penalty points on the driving license.

• What sort of situations can the offence of Careless Driving include?
  Careless driving can include a large number of scenarios.  They can range from a slow moving collision into a stationary vehicle on a supermarket car park through to a motor vehicle pulling out of a side road, into the path of another vehicle which has not been seen.
• What is the legal definition of the offence of Driving without Due Care and Attention?
  

  This offence is often referred to as Careless Driving.  It is driving which falls below the standard which would be expected of the careful, competent driver. 

  There are many situations where a motorist is involved in a road traffic accident, where the police will automatically conclude that a driver must be at fault and is therefore guilty of careless driving.  This is not always the case.  There are very often collisions that take placed between motor vehicles which are nothing more serious than genuine accidents.  There can also be other causes of accidents such as slippery road surfaces, adverse weather conditions or defective parts on a vehicle.  The important part to remember is that just because you have been involved in a road traffic accident, does not mean you are automatically guilty of careless driving.  There are many circumstances in which we are able to establish that the accidents are no fault, whatsoever, of our clients.
  

• What will be the cost of my representation at Court?
  

  At Trafficlawyer4u Solicitors, we deal with every case for a fixed fee. The fee quoted will be guaranteed not to change. 

  The fee will cover every aspect of the case including advice, preparation and representation at Court.  There are no hidden extras and the fee will not rise.  You will be advised of the fee at the start of the case so you know exactly what the case will cost you.

• Who will advise me and who will represent me at my Court case?
  

  At Trafficlawyer4u Solicitors, you will only ever be advised by fully qualified and experienced Solicitors and Barristers.  There will be no situation in which you are given advice by an unqualified member of staff.

  When speaking to firms of Solicitors, you should always ensure that the person giving the advice is a fully qualified Solicitor or Barrister in order to ensure the advice is correct.

• Should I be represented by a Solicitor if I face a prosecution for a motoring offence at Court? Will being represented by a Lawyer make a difference to my case?
  

  There are some motoring prosecutions where representation by a Solicitor at Court is not necessary. These are cases of low level speeding where a person has a clean driving license and there is no risk of a driving disqualification. In almost every other case of prosecutions relating to a motoring offence, you would be well advised to be represented by a Solicitor.

  The Magistrates Courts have very wide powers with regard to what penalty can be imposed for a traffic offence. This can include the endorsement of penalty points, large financial penalties and even driving disqualifications.

  In our experience, cases that are prepared well and presented by a skilled advocate in the Magistrates Court will result in a significantly lower penalty than would normally be imposed.

  We have absolutely no doubt that being represented by a Solicitor in relation to a prosecution for a motoring offence is vital if you are to ensure the best possible outcome to your case.

• Can I challenge photographic evidence for a speeding offence?
  Do not assume that photographic or police evidence cannot be challenged.  It can. This is why you should instruct a specialist speeding lawyer. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding.  It is our job to closely examine any evidence that the prosecution intend to rely on to prove you were committing the offence.  If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. Depending upon the speed alleged or the number of points on your driving licence this may mean you avoid a driving ban.
• Do you undertake legal aid cases?
  Traffic Lawyer 4 U only accepts instructions on a privately paid basis. We do not undertake legal aid cases. All our fees will be agreed with you in advance. There will be no hidden costs to our representation and once the fee is agreed and paid our fees will not increase. You will know exactly what the cost of your defence will be.
• What constitutes careless driving?
  This motoring offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.