UK Motoring Offenses & Penalties

Added: (Sun Nov 09 2008)

Pressbox (Press Release) - If you have been charged and you are likely to be banned either as a result of seriously excessive speed or as a result of 'totting up' you may need the help of expert speeding solicitors to ensure fair treatment. If you need more than just advice on speeding fines it is in your interests to be represented by a specialist lawyer who will give you clear advice on how best to prevent disqualification.



Penalty Points & Totting Up



Penalty points are usually endorsed on a licence following conviction for almost all moving traffic offenses. If more than 12 penalty points are accrued over a three year period the motorist faces a 'totting up' disqualification for a period of at least 6 months but more likely for a period of 12 months. Points effectively become 'spent' once they are over three years old and do not count for totting up. The magistrates have discretion and do not have to impose a ban if it would cause exceptional hardship including loss of employment.



A speed of up to 10mph over the speed limit will usually result in a fine and three penalty points being endorsed on the licence and the offense can be dealt with as a fixed penalty without going to Court. Between 10mph and 20mph above the speed limit will usually result in four to six penalty points and more than 20mph above the speed limit will probably require a personal appearance before the Magistrates Court and a possible period of disqualification.



Speed Cameras & Fixed Penalty



The guidelines for fixed safety cameras ( speed cameras) require them to be highly visible and painted yellow and they must not be obscured by road signs, bridges, trees or bushes. They must be clearly visible from 60m where the limit is 40mph or below, and from 100m in all other areas. Warning signs must be placed within 1km of cameras.



Mobile camera operators must wear fluorescent clothing. Camera site visibility must be reviewed every six months. The cameras must only be sited where either four people have been killed or seriously injured in the previous three years, or where there have been eight 'personal injury accidents' 500 meters either side of the camera over the previous three years. Speeding fines arising from cameras are dealt with on a fixed penalty basis with no need, except in totting up cases, for representation by a lawyer.



Drink Driving



For the most serious charges involving drink driving and dangerous driving the courts are usually obliged to impose a minimum 12 month ban and often require that the test is passed again before allowing the driver back on the road. Some of the second tier offenses including driving whilst disqualified, no insurance and failing to stop after an accident will attract penalty points and may result in a ban. The least serious offenses of due care and speeding usually result in penalty points and a fine however blatant speeding well in excess of the limit can result in a ban which may, dependent on the excess speed, range from a few weeks to a year.






The author is a well known legal writer and operates http://www.actusre.us which is dedicated to obtaining personal injury damages for the victims of violent crime from the UK Criminal Injuries Compensation Authority.