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Archive for the ‘Traffice Offences Consequences’ tag

Why Do People Treat Motoring Offences So Flippantly ?

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Having specialised in motoring and road traffic offences for 35 years, I am still bewildered as to why so many people treat motoring offences as if they are of little consequence and will have little impact on their lives.

Paul Trincas - Motoring Law Expert

Paul Trincas

The initial relaxed and laid back attitude of many clients when they come through the door soon turns to despair and fear once the implications of what they have done is explained to them.

The days when courts used to treat motoring offences as secondary to mainstream crime are long gone. Courts have become hardened to the offending motorist and penalties imposed nowadays are far reaching and can have a significant impact on the motorist’s continued employment and livelihood.

Below are a couple of examples I am faced with on an almost daily basis:

Example 1

A client has been summonsed for speeding on the motorway, driving at 110mph. He expects to receive a limited fine and three penalty points on his licence. I have to advise him that for such a high speed, the courts will be looking at not only a hefty fine, but more importantly, a discretionary period of disqualification of between 4-6 weeks.
Example 2

A client has been summonsed for speaking on a mobile phone whilst driving, not expecting it is any great crime. His licence shows he already has nine penalty points on his licence. He expects to get only three penalty points and a small fine.

I have to advise him that although mobile phone offences carry a fixed three penalty points, the fact that he already has nine penalty points means he will become what is known as a ‘totter’ – a motorist who has totted up 12 or more points in any three year period. For any driver who accumulates twelve or more points in this period, the court must, by law, disqualify him for a minimum period of six months. ie, it will affect not only him, but his family – and he faces the prospect of losing his job if his employment depends on driving.

While it is open to the driver to argue that such a period of disqualification will cause him and his family ‘exceptional hardship’, the threshold for persuading the court not to disqualify is quite a high one. Courts, who time and time again have heard all the arguments going in attempts to avoid such disqualification, are wise to the arguments and hardened to them.

For further information contact Paul Trincas on 01635 521212 or paul.trincas@clmlaw.co.uk

Written by Paul Trincas

October 7th, 2014 at 11:13 am