Q1: I have been accused of a speeding offence. Is it possible to challenge the speed camera reading?
A: Yes, it is possible to challenge speed camera evidence as sometimes they can have defects, for instance, in how the camera is calibrated. Unfortunately, the cost of having the camera examined by an expert can be considerable, especially if the expert has to give evidence in court. For a confidential discussion about the merits of your case call us now on 01223 632420 and arrange an appointment.
Q2: I have been asked to provide information in respect of identifying the driver of a vehicle that was speeding. Do I have to provide the details?
A: Yes you do. If you are the registered keeper of a vehicle that was involved in a speeding offence, where the vehicle was not stopped by a police officer, you must provide the details of the person who was driver of the vehicle at the time the offence was committed. Section 172 of the Road Traffic Act 1988 governs this area of law.
If you do not provide the information requested within the stipulated time frame, you could be prosecuted. If you are subsequently found guilty of this offence, your licence could be endorsed.
For a confidential discussion about your particular situation and how our expertise could help you, call us on 01223 632420 and arrange an appointment.
Q3: I have been charged with drink driving. I intend to plead guilty. Can I attend a drink driving rehabilitation course?
A: If you have been found guilty of drink driving the court can allow you to attend a drink driving rehabilitation course. However, you should note that allowing you to attend the course is not an automatic right and is at the court’s discretion.
You must complete the course which you will have to pay for yourself, within a set time specified by the court. If it is successfully completed, the length of your driving ban will be reduced, normally by 25%. For a confidential discussion about your particular situation and how our expertise could help you, call us on 01223 632420 and arrange an appointment.
Q4: I am worried that I will lose my licence through the ‘totting up’ process. Can I put forward an ‘exceptional hardship’ argument?
A: Anyone can put forward an exceptional hardship argument, however, whether such an argument will be accepted or not is a matter for the court.
Should you reach 12 points or more within a three year period through the totting up process, the court has to consider imposing a mandatory 6 month disqualification.
The court has the discretionary power not to impose the ban, but will only exercise it if your argument has convinced them that exceptional hardship will be caused if you lose your licence. However, there are no concrete rules as to what amounts to exceptional hardship, and there is no guarantee that any argument put forward will be accepted. We suggest that you support your argument with documentation and any other evidence that might persuade the court that exceptional hardship will occur if a driving ban is imposed.
For a confidential discussion about your particular circumstances, call us on 01223 632420 and arrange an appointment.