Motoring / Transport Regulatory Law

If you receive a letter from the police, being summoned to court or even being arrested for an offence on the road it can be very worrying and can leave you feeling flustered and confused. This is a first for many drivers, leaving people unaware of the options available.

Contacting a solicitor may not be your first thought due to the perceived costs of just an initial phone call. We are aware of that some solicitors charge by the minute for an initial consultation, which means that you may spend more time watching the clock than listening to the advice given.

Here at GC Solicitors we offer an initial consultation for £100+VAT

This cost will include:

  • Dependent on your location either a meeting or a telephone call with one of our motoring solicitors, who specialise in motoring offences
  • Reviewing any documentation you have received
  • Compiling a possible case plan
  • Discussing any questions that you may have
  • Clarifying any concerns you may have

Please note: If the case continues to court we will credit the consultation fee against the cost of the case.

Please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time that is convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Careless Driving

Driving without due care and attention (also known as careless driving) covers a multitude of situations, with the likely penalty resulting in a fine and a minimum of three points on your driving licence for the less serious offences. If the driving offence is the cause of a death, a custodial sentence is likely.

A conviction for careless driving can depend on whether it was your vehicle that crossed the white line or the other party. At GC Solicitors we have the expertise to evaluate police accident reports, and if necessary, call upon experts that can prepare reports to challenge the prosecution version of events, which can result in the allegations against you being dropped before it comes to trial.

Please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Dangerous Driving

A conviction for dangerous driving will result in a disqualification from driving for at least 12 months and an order to sit an extended driving test at the end of the ban. Dangerous driving is a serious driving offence, and the aggravated version death by dangerous driving is likely to lead to a prison sentence.

The Magistrates Court has sentencing powers of up to six months imprisonment, but if they feel that this not long enough they can send the case to the Crown Court. As this course of action is not unusual it means that it is extremely important that you obtain expert advice at the start.

If you wish to take the first step in resolving your motoring offence, please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Speeding Offences

One of the most common motoring offences is speeding. With the introduction of safety cameras, the rate of detection has increased dramatically and so has the likelihood of prosecution.

Generally offences at the lower end of the scale result in a fixed penalty notice of £100 and three penalty points will be incurred. Speed Awareness courses are now also an option, enabling you to avoid the penalty points and fine. But you are still required to pay the cost of the course.

However, if you are detected speeding by a police officer, then that officer’s evidence is essential to the case against you. The Association of Chief Police Officers (ACPO) has issued guidance to reduce the risk of prosecutions based on mistakes. This guidance enables the evidence against you to be assessed and it is not necessarily accepted as fact. If there has been an error, it needs to be presented and applied to the circumstances of your case in court.

There are strict time limits for the prosecution to warn you of intention to prosecute in relation to commencing proceedings in court.

If you wish to take the first step in resolving your motoring offence, please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Mobile Phones

You can receive a fixed penalty notice of £100 if you are caught using a mobile phone or any hand-held device whilst driving. You will also get three points on your licence.

Failing to stop

A custodial sentence is possible if you fail to stop your car after an accident where there is an injury, regardless of whether the accident was your fault or not. We advise that you take professional advice before responding to a notice asking for information about the driver of the car at the time of the accident, because how you answer the notice could affect your ability to defend yourself.

If you do not believe you were involved in an accident, yet find yourself being issued with a notice, you need to take expert advice immediately. The Motoring Offences Team can advise you on collecting evidence and dealing with the police. Make sure you speak to a specialist solicitor before attending a police interview as you do not want to damage any defence you may have.

If you wish to take the first step in resolving your motoring offence, please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Insurance

It is important to have a valid insurance for your vehicle, not doing so is a serious offence. The consequences of such can vary from receiving a minimum of six points on your licence, through to being disqualified from driving for a period of time.

It is no defence to argue that you are not driving it or believe you are insured as it is a strict liability offence. If your car is on the road you must obtain insurance from an insurance company approved to provide Road Traffic Act insurance in the United Kingdom. If you own a vehicle you can be prosecuted for allowing someone else to drive it who does not have insurance, the penalty is the same.

If you are misled as to whether you are insured we can present the case as to why you should not receive the six points, which are normally mandatory.

If you find yourself in a dispute regarding insurance, our specialist Motoring Offences Team will be able to advise you and deal with any claim during the period you were said to be insured.

For more information regarding insurance, please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Notice of Intended Prosecution

The Prosecution has to send to the last known keeper Notice of Intended Prosecution (NIP). Failure to deliver the NIP within 14 days of an offence can be fatal to the prosecution’s case.

If you think there may be a problem with the timing of a Notice of Intended Prosecution please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Section 172 Road Traffic Act

The requirement to give information is made under Section 172 of the Road Traffic Act 1988. This Notice is a requirement made on behalf of the police to give certain information (normally the name and address of the driver) at the time of an offence. Where you do not know who the driver of the vehicle is, it will fall to you to show that this was reasonable and we can help with this.

There is a time limit for response, so it is important that you do not ignore a Notice. If you are a company or individual with a vehicle/s that you are responsible for, speak to us about ways of ensuring that you do not fall foul of this legislation as this offence carries six points.

We are able to advise you on how to reduce the risk of prosecution. Please call Ian Jackson on 01462 483 800 and an initial consultation can be arranged at a time convenient for you.

Alternatively, you can email us on admin@gcsols.co.uk.

Totting Up

Whilst one minor offence might not require the imposition of a ban, if you continue to reoffend a ban can be imposed to reflect the total offences to be more serious. It only takes two offences of failing to give information or no insurance to face a six month ban.

We are able to advise you on whether you are at risk of ‘totting up’. We can also calculate how many points are relevant and how many you are likely to receive for a new offence.

For more information about Totting Up and to find out how we can help, please contact our Motoring, Transport and Regulatory Department on 01462 483 800 or speak to Ian Jackson, Head of our MTR Department.

Alternatively, you can email us on admin@gcsols.co.uk.

Transport Law

At GC Solicitors our dedicated Motoring Team offer specialist knowledge and useful advice in line with current road transport law. We know how important it is for all goods-operators (HGVs, LGVs, PSVs and PCVs) to be offered expert advice should allegations or prosecutions arise.

Our in-depth knowledge of road transport law and how it is applied allows us to tailor our services to a variety of issues including:

  • DVSA or police investigations
  • Operator licence applications
  • Operator licence offences
  • Overweight and overloaded vehicles
  • Public Inquiries and Driver Conduct Hearings
  • Tachographs, driver’s hours and working time
  • Vehicle maintenance issues

We are able to represent operators facing prosecution by the Driver and Vehicle Standards agency (DVSA, formerly VOSA) or the police, as well as proceedings before the Traffic Commissioner. Over the years we have developed an excellent working relationship with experts and consultants within the transport sector, which enables us to build a solid defence and offer appropriate advice in a timely manner.

For further information on our transport legal services and to find out how we can help you, please contact our Motoring, Transport and Regulatory (MTR) Law Team on 01462 483 800 or get in touch with Ian Jackson, Head of MTR Department.

Alternatively, you can email us on admin@gcsols.co.uk.