Max Road
Road Traffic Law Offences
Due to the increasing number of vehicles on our roads it is important and essential that we have the most appropriate laws in place to regulate our roads and drivers. Without the current laws our roads would be extremely hazardous places, there would be a huge increase in accidents. People would be able to use mobile phones whilst driving, drink and drive, drive unsafe vehicles with no MOT and even drive dangerously with no insurance. It would be absolute mayhem, like something out of Mad Max.
Road traffic laws are there for a good reason; they regulate the actions of drivers and ensure that our roads are as safe to drive on. We will now look at the various different aspects of road traffic law where offences are most common and what kind of regulations are in place to prevent and punish offences.
Driving Without Insurance
Every driver must have at least 3rd party, fire and theft insurance cover before they can drive on the road. Driving with no insurance can be extremely costly for every party if there is an accident. Insurance is in place to provide any necessary cover for any damage caused. If a driver has no insurance the parties involved suffer a financial loss. Driving without insurance is deemed as a very serious offence; any driver found guilty of driving with no insurance will be fined up to £5000 and given 6-8 points on their licence.
Speeding
Speeding is quite a common offence which can result in a range of different punishments. The less serious offences will usually result in being served a Notice of Impending Prosecution (NIP), which tends to mean a driver will get 3 points and a £60 fine. Slightly more serious offences will result in prosecution and being taken to court. The court will decide on their punishment, which could be between 3-6 points and a fine of up to £1000. For the most severe speeding offences a driver will almost certainly be banned from driving for about 7-90 days, again depending on the nature of the speeding offence.
Drink Driving
Drink driving offences are on the rise, many drivers seem to think they know exactly how much they can drink and still be under the drink drive limit. The police have the right to pull over and breathalyse any person who is attempting to drive, driving, or in charge of a motor vehicle on the road, if they suspect them of being over the drink and drive limit. The current limit of alcohol that is legally allowed for a person to still be able to drive is 35 micrograms of alcohol per 100 millilitres of breath or 80 milligrams of alcohol per 100 millilitres of blood.
The most common road traffic law offences for drink driving are as follows:
• Failing to provide a roadside breath test
• Being in charge of a motor vehicle over the legal amount of alcohol
• Attempting to drive or driving a vehicle over the legal amount of alcohol
• Refusing to provide samples for analysis after attempting to drive or driving
For those that are found over the legal drink drive limit and are charged with drink driving they will need to attend Court on a specified date and time. They will still be able to drive until the date of their hearing when a ban will often be enforced.
Mobile Phones and Driving
It is now offence to be using a mobile phone with your hands whilst in a moving vehicle, there are hand free devices that can be used. If caught driving and using a mobile phone you will be given 3 points and fined up to £60. The fine can be increased if the driver is taken to court, this will usually take place if a driver of a goods vehicle or a bus uses a phone whilst on the move. This provision also apply to driving instructors, even if the learner is driving the car, the instructor is not allowed to use their phone because they are meant to be supervising the learner driver.
Police can usually prove that a road traffic offence has occurred, and it can be difficult to defend against. But in some cases convicted drivers that believe they are not guilty of the offence can make a claim against their convictions. If this is the case then I would advise that you seek the advice from a specialist road traffic law solicitor who would be able to assist you with your claim.
Road to the Max Cape: Episode 04
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