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motoring offences
updated
07 October 2009
General
Road Traffic Offences
Here are some details on some of the more
common driving offences.
[If you're looking for Drink
Driving then click here].
We will try and add to them as time goes on. Remember its always worth considering employing a solicitor, even if only to review your case and advise you on the best way forward. It could save on hefty fines, points on your licence (which means more expensive insurance) and even a ban!! [Need a solicitor - click here]
Failing to Stop <> Failing to Report <> Speeding <> Speeding on a Motorway <> Totting Up <> Level of Fines Table
Quick Reference Table of Driving Offences
Failing to Stop/Give Particulars after an accident (AC10) (AC20)
The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence
of which on a road an accident occurred whereby personal injury or damage was
caused to another person or another vehicle or an animal not in the vehicle, or
property on or near the road, then failed to stop or on being required by a
person to give your name and address and the name and address of the owner and
the identity mark of the vehicle, failed to do so.
Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5
Endorsement with 5-10 penalty points
Discretionary disqualification
Comment
You only have to stop and give your particulars if someone (other than
you) or something (not in the other vehicle) is injured in the incident, or if
you cause any damage to another vehicle or to anything else on or by the
roadside (eg a lampost, fence or wall).
The likelihood of being imprisoned
increase with the severity of the accident and if there is both a failure to
stop and a failure to report the accident, if
a) the Court believes that this
was because you were trying to avoid a breath test, or
b) when serious injury is caused.
If you can satisfy the Court that
you were unaware that an accident had occurred this may be a defence to the
charge.
back
to RTO basics
Failing to Report an Accident (AC10)
The Offence
Being the driver of a mechanically propelled vehicle, owing to the presence
of which on a road an accident occurred whereby personal injury was caused to
another person, and not having given your name and address to a person having
reasonable grounds for requiring you to do so, failed to report the accident at
a police station or to a constable as soon as reasonably practicable and in any
case within 24 hours of the occurrence of the accident.
Maximum Penalty
6 months imprisonment and/or fine not exceeding Level 5
Endorsement with 5-10 penalty points
Discretionary disqualification
back
to RTO basics
Speeding/Exceeding the speed limit (SP30)
Offence
Driving on a road exceeding the prescribed speed limit
Maximum penalty
Fine not exceeding Level 3
Endorsement with 3-6 penalty points
Discretionary disqualification
Comment
If you are doing more than 30mph
over limit you are very likely to be disqualified depending on speed, road
traffic conditions, weather etc.
If you are offered a fixed penalty option, and you are guilty then you are probably best to take this option, as your licence will be endorsed with the minimum number of penalty points and the fine (currently £60) is likely to be less than that imposed by the court. There will also be no court fees.
Possible defences are that you were not speeding, that it was not you driving, or that you were driving an exempted vehicle in an emergency.
The prosecution may obtain a conviction by
producing in evidence photographs taken from speed cameras. There is no
requirement that such photos have any other evidence to back them up. If no
photo is available then the evidence to convict you must
come from at least two different sources, although one of these may be
mechanical such as the police car's speedometer/radar gun/VASCAR. Under s20
of the Road Traffic Offenders Act (as amended by s23 of the Road Traffic Act
1991) where a radar device is used the police merely need to provide a record
produced by the prescribed device AND (in the same or a separate
document) a certificate as to the circumstances in which the record was
produced, signed by constable or authorised person.
back
to RTO basics
Offence
Driving on a motorway in excess of the speed limit
Maximum Penalty
Fine not exceeding Level 4
Endorsement with 3-6 penalty points
Discretionary disqualification
Comment
If you are driving in excess of 100 mph you are likely to be disqualified as
well as being fined.
back
to RTO basics
Under the totting up provisions a driver can be disqualified where he/she accumulates a certain number of penalty points within a three year period. The "magic" number is 12.
If you reach 12 penalty points within the 3 year period (and it is the date of the offences and NOT the date of the hearings which is relevant), then you will be disqualified for a minimum period of 6 months.
If you are then disqualified the slate is wiped clean of points at the date you get your licence back.
To avoid being banned for totting up you will
need to be able to convince the court that there are "mitigating
circumstances". This means that you will have to show that a disqualification would cause exceptional hardship.
The loss of your job could be considered to be exceptional hardship. As
could the loss of employment for others dependant on you, or hardship to members
of his family.
back
to RTO basics
| Level of Fines | |
| Level 1 | £200 |
| Level 2 | £500 |
| Level 3 | £1,000 |
| Level 4 | £2,500 |
| Level 5 | £5,000 |
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