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Motoring Law Myths – True or False?

There appears to be an endless list of myths about motoring law, we have compiled a few of the more common ones.

 

 

Some of these are genuinely true, some are myths. Can you say which are true and which are just myths?

 

I need my car for work so I can ask not to be disqualified for drink driving.

 

You can get points for drink driving rather than a ban.

 

I drank some cough mixture and it had alcohol in – this put me over the limit.

 

I have toothache and have been using mouthwash – it put me over the limit.

 

I have slept since I drank, I can’t be over the limit.

 

I was in a pub car park – it’s private property so I’m not guilty.

 

If you are caught speeding at a very high speed you can go to prison.

 

My breath reading was below 50 the police should have given me a blood test.

 

I didn’t want to give a breath test; the police should have let me give blood instead.

 

I refused to give a blood test because I have a fear of needles so I have a defence.

 

I refused to give a breath test. I can’t be guilty because I wasn’t driving.

 

I did not receive the Notice of intended prosecution for speeding within 14 days – there is nothing the police can do now.

 

It is against my human rights to force me to say who was driving when I get a notice of intended prosecution.

 

They spelt my name wrong on the notice of intended prosecution so I have a defence.

 

If I give someone’s name and say they have left the country, there is nothing the police can do.

 

I wasn’t driving, when they sent the form I just said I didn’t know who was driving, I can’t be charged with an offence.

 

It’s unlawful to be prosecuted for doing 43 in a 40 – you are allowed to go 10% plus 3 over the limit.

 

If I already have points on my licence, I can just say my wife/husband was driving and they can take the points instead.

 

If you get 12 points on your licence you have to be banned for 6 months, there’s no way around it.

 

You don’t need a solicitor for a speeding matter.

 

I’m good at talking, I’m better doing it myself. If I take a lawyer it looks like I’m trying to get away with it.

 

I genuinely don’t know who was driving, do I just have to accept it?

 

Putting a coin under your tongue will fool a breathalyser.

 

You can drink 2 pints and be under the limit.

 

If the road doesn’t have a sign warning you of a speed camera the ticket is unlawful.

 

It’s all a money making scam.

 

If you get 12 points on your licence in 3 years, you’re a dangerous driver and deserve to be banned for 6 months.

 

I was just following the line of traffic, the police only stopped me because I have a nice car.

 

 

 

Think you got them all right? 

 

Let us know of any more ‘Myths’ you have come across.

 

If you need some expert help to guide you through the maze of motoring myths call us on 01623 600645.

Exceptional Hardship Solicitors at Mansfield Magistrates Court

Mansfield Exceptional Hardship Solicitors

 

Exceptional hardship applications for Nottingham are normally heard in Mansfield Magistrates.

 

They are so busy with them now that they have 2 days a week dedicated to motoring matters.

 

As Mansfield’s only specialist motoring solicitors we are in court most weeks for exceptional hardship applications.

 

If you reach 12 points then the court will have to disqualify you for 6 months unless you can show them that you or others will suffer from exceptional hardship.

 

Exceptional hardship is not defined by the court, it will often include loss of a job but this in itself is not enough. You will also have to show them that as a result of losing your job you will suffer more than normal hardship.

 

Can I do this myself?

 

You can but these cases are not easy. You will have to give evidence in support of your application, you will be cross examined by the prosecutor and you may be questioned by the court. You will have to make sure your application is water tight. We have seen many applications lost because someone said the wrong thing or did not explain the position properly.

 

Can’t I just get a local Legal Aid Solicitor to act for me?

 

You can, you won’t get Legal Aid, it is not available for this type of case. We know that a few local Legal Aid solicitors are now trying to move into motoring law as a result of Legal Aid cuts. We are the only specialist motoring law firm in Mansfield. No one has our experience in these matters. You will definitely get a cheaper job from the Legal Aid lawyers and if your only concern is price then we aren’t the firm for you. If your licence is important to you and you don’t want to risk it to a Legal Aid lawyer who will fit you in in between their druggy, shoplifting clients then we can show you the difference in our service. 

 

Are we worth our fees?

 

Well of course we are going to say yes but don’t just take our word for it. We have won awards for our client care, locally with the Mansfield 2020 Award Winners and Nationally. We have just been recommended by the Legal 500 criminal solicitors – the definitive guide to lawyers reputations. We were one of only 4 firms recommended in the whole of the East Midlands in our category – this covers from Lincoln, to Northampton including Nottingham, Derby and Leicester. We were the only firm in Mansfield recommended in this category.

 

But ultimately what you want to know is do we win?

 

Our principal Steve Williams has been appearing in Mansfield Magistrates Court doing these applications for 20 years…. He has never lost one yet! We want to maintain that record so we won’t just take on any case, we will give you a free assessment and if we believe you have a strong case we will take it on. 

 

We have a unique way of defending these matters, we have a 37 point checklist to ensure we build the strongest application. Your case will be prepared by one of our trained paralegals and will then be reviewed vigorously by one of their colleagues to pick holes in it. It will be refined constantly. Eventually when the team are happy with it they will present it to Steve Williams who will assess it for it’s strength and then talk to you about the case. He tries to do everyone of these cases personally and will meet with you at court to go through it face to face before the hearing. 

 

If your licence is important to you or your family then call us for a free, honest appraisal of your case.

 

CALL US 24 HOURS ON 01623 600645

Plead guilty online is coming!

You will soon be allowed to enter a plea online to minor motoring offences.

 

This was trialed in Greater Manchester and the government deemed it a success, despite only 33% of people bothering to use it.

 

Apparently it will reduce the amount of paperwork and people within the system allowing the courts to concentrate on the most complex cases. Of course the most complex cases are dealt with in the Crown Court which is never troubled by minor motoring matters!

 

The service is offered as an alternative to a postal plea or attending court and has been developed with court users to meet their needs.

 

The government commented that the highest volume of work that the police, prosecution and courts deal with is low level traffic offences. The latest annual statistics show proceedings were taken for half a million summary motoring offences.

 

This of course will be the case because the prosecution are charging fewer and fewer people due to lack of resources and the police are encouraged to caution or offer fixed penalties to as many people as possible, often for serious offences. A large amount of fines imposed are unpaid but of course motorists are the one group of ‘criminals’ that can, and do pay fines. Am I being cynical thinking that the fact that there is a high proportion of motoring offences is linked to the likelihood of courts recovering the fines?

 

The government commented that “Identifying and concluding guilty plea cases earlier saves work and money for the criminal justice system and taxpayers. ‘Make a Plea’ also saves time and simplifies the process for defendants as well as making sure they receive maximum credit from the court for pleading guilty at the earliest possible point.”

 

This is one of the comments that causes our clients the most confusion, they believe that it is a race to plead guilty to get the maximum credit. They suggest driving to the court the day the receive the court papers so they can get the maximum credit when the reality is that it won’t be looked at until the day of the hearing and it makes no difference when it is received provided it is before the hearing date.

 

Good idea or just another attempt to chip away at motorists rights?

 

Motorists have to remember that whatever they say on the online plea will be read by the court. It is still important to include good mitigation and we can help you draft that to get the best result.

 

Call us on 01623 600645 for free initial and honest advice about this.

 

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