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Careless Motorway Drivers Face Fixed Penalty Fines

June 11th, 2013 by admin

The government has announced it will be coming down harder on careless drivers who put other motorists and passengers lives at risk on the motorway. Drivers caught hogging the middle lane, tailgating or cutting up other vehicles will face on-the-spot fines of £100 and will also have 3 points issued on their driving licence.

Careless Driving Facing Fixed Penalties and Points

Police will be issuing fixed penalty fines to anyone who is found to be ‘anti-social driving’. This could include failing to give way at a junction or driving in the wrong lane on a roundabout.

The police are cracking down on motorists who middle-lane hog and tailgate, along with those jumping lights, not wearing seatbelts, speeding and using a mobile phone whilst driving. There will also be driver awareness courses offered to careless driving offenders, similar to the existing speeding awareness courses.

Mobile Phone Offences Putting Lives at Risk

The current fine of £60 which is issued to drivers caught using a handheld mobile device behind the wheel is set to almost double to £100.

Nowadays, most people have at least one handheld electronic device, whether it is a music player, mobile phone or Sat Nav and using such gadgets behind the wheel when driving can seriously hinder a driver’s concentration and impair ability to react quickly. Stephen Glaister from the RAC Foundation said that mobile phone use behind the wheel ‘slows drivers’ reaction times even more so than being equal to the drink driving limit!

Totters at Risk from Driving Bans

The accumulation of points is a very common reason for drivers to lose their licences. For some drivers who already have points on their licence, the new careless driving offences could see them face disqualification.

How Just Motor Law can help

If you find yourself faced with the possibility of losing your licence from totting up points, we can advise you, support you and help you to retain your licence. We have a team of dedicated, friendly and professional solicitors who can help to keep you on the roads. Simply give us a call, send us a message or request a call back online and we will do our best to assist you. You can also find more information about totting up points here.

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Drink Driving Statistics Q&A

May 31st, 2013 by admin

Drink driving is an incredibly serious motoring offence, with many deaths occurring here in the UK each year as a result of drivers getting behind the wheel when under the influence of alcohol. Here we take a look at some facts and statistics surrounding drink driving, from the time of day most drink driving accidents occur to which age group fails the most breath tests.

Q. What time of day is a drink driving accident most likely to occur?
A. Between midnight and 2am

Drink driving accidents by hour of the day

 

In 2010 the highest number of drink drive accidents occurred between midnight and 02:00, closely followed by 22:00 and midnight, which is to be expected. There was however, a spike between 07:00 and 10:00 which could be due to drivers still being over the legal limit in the morning and attempting to drive.

Q. Which age group was responsible for failing the highest percentage of breath tests in 2011 in England?
A. 20-24 years old.

breath test failures by age

 

The age group with the highest percentage of failed breath tests following an accident was 20-24 year olds. After the failure percentage peaks at this age, it steadily drops with 70 and over having the lowest percentage of breath test failures per driver tested in 2011.

Q. In the North West of England, which age group failed the highest percentage of breath tests after being involved in an accident?
A. 20-24 year olds.

breath test failures england vs north west

 

Like the rest of England, the age group with the highest percentage of failed breath tests was 20-24 year olds. Surprisingly, a higher percentage of 35-39 year olds failed breath tests after being involved in an accident in the North West than the rest of England. The same applies for 60-69 year olds in the North West.

Q. Which day of the week are motorists most likely to fail breath tests after being involved in an accident?
A. Saturday, followed very closely by Sunday.

failed breath tests by day of the week

 

In 2011, Saturday was the day most motorists involved in accidents failed breath tests. However, less drivers were tested over the weekend than any other day of the week. This demonstrates that a higher percentage of drivers failed breath tests over the weekend; this is to be expected as there is more of a ‘drinking culture’ active at the weekend than the rest of the week.

Q. Which gender of drivers/riders has the highest number of fatal accidents where the driver was over the limit?
A. Male

deaths of drink drivers by gender

 

In 2010 a considerably higher number of male driver fatalities occurred as a consequence of drink driving than female drivers. Young male motorists have been tarred with a reputation for being hazardous on the roads, and until recently their insurance rates were considerably higher than their female counterparts.

Q. Are motorcyclists more likely to fail breath tests than regular drivers?
A. No, a smaller percentage of motorcyclists failed breath tests in 2011 than all motorists (including motorcyclists).

motorcycle breath test failures vs all vehicles

 

Whether you love them or hate them, motorcycles have a reputation for being one of the most dangerous modes of transport. There has recently been an advertising campaign aimed to raise awareness of motorcyclist deaths and encourage other drivers to look out for them at junctions. But in this instance, it seems that motorcyclists have a considerably smaller percentage of breath test failures.

Q. Which month do most drink driving casualties occur?
A. In 2010 October saw the most drink driving related casualties.

estimated number of reported drink drive casualties

 

Although it is a common assumption that a lot of drink driving incidents occur in December on the run-up to Christmas it would appear that drivers were most cautious around December 2010. Surprisingly most drink driving casualties occurred in October, closely followed by May.

Drink driving carries a mandatory disqualification upon conviction due to the effects alcohol has on a driver’s reaction time and ability to judge hazards. Every year motorists, passengers and pedestrians lose their lives to motorists taking to the wheel after they’re over the legal alcohol limit. It is always recommended that you avoid alcohol entirely if you are intending to drive..

If you require any further information or legal advice regarding a drink driving conviction we can help! Simply email the team at enquiries@justmotorlaw.co.uk or call us on 0845 688 0045 to speak to one of our friendly team for advice.

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Drink Driving Calculator

April 26th, 2013 by admin

Even the smallest amount of alcohol in your blood stream affects your ability to concentrate, focus, react, plus many other factors, and it is strongly recommended that you avoid any consumption of alcohol if you are driving.

The police have permission to stop any vehicle and require the driver to give a breath sample at their discretion if they believe a vehicle is being driven in a disorderly manner and the motorist has committed, or is at risk of committing a traffic offence. They often set up drink driving checks over busy periods such as New Years and Christmas to randomly test for drink drivers.
The legal alcohol limit for UK drivers is:

• 80 milligrams of alcohol in 100 millilitres of blood
• 35 milligrams of alcohol per 100 millilitres of breath
• 107 milligrams of alcohol in 100 millilitres of urine

The limits on drink driving vary from person to person depending on a number of factors however. You have to take into account variations such as:

• Gender
• Weight
• Age
• Metabolism
• Whether or not you have eaten recently

Unit Guide

Beer/Lager/Cider:

• 1 pint of 3.5% Beer = 2 Units
• 1 pint of 5% Beer/Lager/Cider = 3 Units
• 1 can (440ml) of 4.5% Beer/Lager/Cider = 2 Units
• 1 bottle (330ml) of 5% Lager/Beer = 1.7 Units

Wine

• 1 x 125ml glass of 12% = 1.5 Units
• 1 x 175ml glass of 12% = 2.1 Units
• 1 x 250ml glass of 12% = 3 Units
• 1 x 750 bottle of 12% = 9 Units

 

Alcopop

• 1 x 275ml bottle of 5% = 1.5 Units

Spirits

• 1 x 25ml measure of 40% = 1 Unit
• 1 x 35ml measure of 40% = 1.4 Units

 

The police investigate whether you are over the drink driving limit by carrying out a screening breath test at the point of questioning on the roadside. The use of a breathalyser will determine instantly whether a driver is over the limit and if further action is required. The breathalyser specifically determines the amount of alcohol on your breath and if this reading results in a percentage of over 8% you will be arrested and taken to the station for further tests.

A further two breath specimens will be required at the station in which the lowest reading will be used to determine whether the suspected offender is above the drink driving limit. A sample up to 40% over the limit will result in the right to provide a blood or urine sample which will determine whether charges will be made.

Anyone convicted with drink driving will face at least a 12 month ban, a fine of up to £5,000 and may also be sent to prison for up to 6 months depending on the seriousness of the offence.

Is Britain on the Road to Ruin?

February 14th, 2013 by admin

Brits call for road signs to be amended as nearly half of us (46%) find them distracting while driving

  • Brits have little understanding of road signs as 93% don’t recognise the sign for ‘no vehicles except bikes being pushed’
  • Nearly a third (30%) of us admit to having had either a crash, bump or near miss because of a confusing road sign
  • Four-fifths of Brits agree with Government plans to remove unnecessary road signs
  • Confused.com reveals five of the most perplexing everyday road signs
  • Visit confused.com using the link below to have your say and vote for which sign you think the Government should revise

New research released today from motor insurance expert Confused.com has revealed that the vast majority of Brits don’t understand the road signs they come across on a daily basis.

Further to this, over three-quarters (76%) of us think that distraction caused by road signs can be dangerous; a concerning statistic given that nearly half of us (46%) have been distracted by road signs whilst driving.

Brits’ lack of understanding when it comes to road signs has resulted in nearly a third (30%) of us having had a crash, bump or near miss. Of these people, more than four in five (81%) had to fork out up to £600 on car repairs.

With these statistics in mind, it may not come as a surprise to hear that the Department of Transport reports we have around 9,000 redundant road signs which need to be revised. Four out of five (82%) Brits agree with the Government’s plans, with over 40% of us believing that the public should vote for which signs are reviewed.

Nearly a quarter (23%) of Brits feel that road signs aren’t useful, and more than half (52%) of us feel confident enough driving without the need for ‘roadside furniture’. Part of this could be because Brits confess to being confused by road signs, as found by a list created by Confused.com and voted for by the public.

The top five signs we don’t understand

Confused.com selected ten signs that frequently perplex us, and asked 2,000 respondents to identify what each meant. The majority of people were not able to identify five of the ten signs, shown below:

Brits were shown the sign for ‘no vehicles except bikes being pushed’ and a staggering nine out of ten (93%) couldn’t identify it, whilst eight in ten (83%) were unclear as to what the common ‘Urban Clearway’ sign actually means. Other confusing road signs that were presented included ‘No waiting’ (67%), ‘No motor vehicles allowed’ (61%) and ‘Appropriate traffic lanes at junction ahead’ (51%). This shows that many common road signs are frequently mis-interpreted and therefore need to be addressed.

Brits’ biggest bugbear is road signs used for maintenance, with two fifths of us (43%) feeling irritated that they are left out longer than they should be. Over a quarter of us (25%) are also infuriated by signs that have been put in the wrong place.

Other reasons for wanting to revise road signs in the UK is because they don’t make sense (36%), they are distracting (31%), and they clutter our roadsides (37%).

Recent Government changes spark debate

Confused.com’s research was commissioned in response to Transport Secretary Patrick McLoughlin’s call for a crackdown on unnecessary road signs which are cluttering the countryside. The Department for Transport is currently revising its ‘Traffic Signs Regulations and General Directions’, for implementation in 20144.

Gareth Kloet, Head of Car Insurance at Confused.com says: “Our research suggests that many accidents are actually caused by redundant or perplexing road signs. It is clear that the Government needs to do a better job in educating people on what road signs mean in order to improve road safety. Any accidents caused because of distracting road signs will affect car insurance premiums, which will in turn cost the consumer more money.”

In order to voice the public’s opinion on road signs, Confused.com is running an online petition where you can vote for which road signs should be revised via http://www.confused.com/car-insurance/confusing-road-signs . Any road sign which receives more than 5,000 votes will be petitioned to the government.

Just Motor Law would like to say a thank you to Confused.Com for such an informative piece and we encourage our readers to visit the site and vote

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Potholes Causing Havoc On UK Roads

February 14th, 2013 by admin

Is it just me or is everybody noticing more and more potholes on our roads? Every other road I drive down seems to have them!

It seems to be our freezing weather conditions that is causing so many more potholes.

Polholes are created when water freezes and expands within the cracks of the road surface and then when vehicles pass up and down the damaged road surface the rain washes out the loose materials creating the potholes.

Driving over a pothole is so annoying but dangerous and costly at the same time.

The rising number in potholes is causing a rise in the number of tyre related problems. Such problems include buckled wheels, damaged tyres and cracked alloys which can all be dangerous to the safety of the driver and other road users but could also lead to motoring offences being committed. For example, tyre air pressure can be effected from hitting a pothole which often leads to drivers driving with under-inflated tyres which will then result in rapid deflation. These incidents usually occur when driving at high speeds on the motorway and could quite easily cause disastrous accidents.

Councils across the country are responsible for repairing potholes but cuts across the board coupled with the increase of potholes is having an impact on this, hence us seeing more on our roads.

We as drivers cannot do anything about the potholes so best practice is to regularly check your tyres, especially if you have hit a pothole.

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Driving Abroad Follow Up

February 14th, 2013 by admin

Following on from a previous blog relating to driving laws when driving to France, the French Government has had a change of heart.

The French Government previously introduced a regulation back in March 2012 for all drivers of motor vehicles to carry a breathalyser kit. Anybody caught not carrying a breathalyser would receive a fine.

This regulation was postponed from November 2012 until March 2013, allegedly on the basis of surplus stock! However, from January 2013 the French Government further announced that the sanctions for not carrying a breathalyser were to be postponed indefinitely!

Despite the fine for not carrying a breathalyser being withdrawn, there is still a requirement to carry a breathalyser when driving in France which means drivers should still carry a certified breathalyser to produce to the police if required and good practice would be to still carry two in the event one gets damaged.

Albeit no sanctions can be imposed by the police if stopped in France, best to stay on the right side of the police and carry a kit just in case!

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Driving Under the Influence of Drugs

January 25th, 2013 by admin

Whilst everybody is aware of the dangers and prevalence of drink driving, the rise of drug driving in recent years should also be considered a high priority risk. It may not receive the same level of coverage or discussion, but driving a vehicle under the influence of drugs is just as dangerous as drink driving, if not more so. Throughout 2011, The Department of Transport reported at least 640 accidents and 49 deaths were caused as a result of drivers being under the influence of either illegal or medicinal drugs.

Drug driving is considered dangerous because the effects of drugs can have a number of adverse effects on your driving capabilities. These can include:

• Erratic and aggressive behaviour
• Hallucinations
• Impaired vision
• A lack of concentration
• Slower reaction times
• Tremors
• Paranoia
• Tiredness
• Dizziness
• Panic attacks

Clearly, all of these side effects would have a negative impact on your ability to drive a car, the place where you most need to concentrate and focus on the task in hand. The effects listed will not apply to every drug; cannabis will bring about a different reaction to cocaine for instance. However, each and every drug, whether legal or illegal, will have their own mind-altering side effects, which is why it is vitally important that you do not consume any before getting behind the wheel of a car.

The Home Office have recently approved a testing kit to be used by police up and down the country, which will be able to detect drugs in drivers. The device is administered at the police station and analyses a mouth swab taken from the accused. A positive result will allow the police to ask for a blood sample without the approval of medical experts. Previously, drug testing could only be carried out by a doctor. However, the time taken to travel to the station and administer the blood test meant that drugs could often leave the suspect’s system before taking the test. The initial kit will only be able to trace cannabis within the suspect’s system, although the development of new technology that would test for other drugs is ongoing.

People found to be under the influence of drugs when driving will face a fine of up to £5000, a jail sentence of up to six months and an automatic driving ban, with a minimum 12 month suspension.

At Just Motor Law, we offer a professional and discreet service. Get in touch with one of our expert motoring defence solicitors to see how we can assist you with your case. Simply give us a call or use our contact form.

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Driving Without Due Care and Attention

January 22nd, 2013 by admin

Driving without due care and attention is an offence in accordance with section 3 of the Road Traffic Act of 1988 and is legally defined as driving “falls below what would be expected of a competent and careful driver”. This offence is also known as Careless Driving or Inconsiderate Driving.

Some examples of this include:

• Coming out of a side junction into the path of another vehicle.
• Eating or drinking whilst driving.
• A minor bump or shunt with another vehicle.
• Lighting a cigarette.
• Scraping another car in a car park.
• Failing to wear sunglasses in sunny weather.
• Over-reliance upon a satellite navigation system or map whilst driving.

In order for you to be convicted of the offence, the prosecution have to prove beyond reasonable doubt that you were the person driving the motor vehicle and that you were driving in a public place without due care and attention or without reasonable consideration for other road users. Bear in mind that a public place is described as anything to which the public have unrestricted access, such as a supermarket car park.

An allegation of careless driving can only succeed if the prosecution prove that:

1. Your driving fell below the standard expected of a competent and careful driver.
2. That you did not show reasonable consideration for other pedestrians and vehicles on the road.

Each case will be thoroughly assessed by the court to see whether or not the defendants’ level of driving fell below the required standard If they find this to be the case, you will be convicted.

Here at Just Motor Law we specialise in providing a professional and confidential service. Speak to one of our specialist solicitors today to see how we can help you to develop a strong case for defence. Simply visit out contact page to get in touch.

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Merry Christmas from all at Just Motor Law!

December 24th, 2012 by admin

At Just Motor Law, we would like to take this opportunity to wish all of you a very merry Christmas. This has been one of the best years we can remember and we’d like to thank you for making all of this possible. We take pride in offering top quality information, advice and services on all legal motoring matters, but this doesn’t mean anything unless people like you continue to choose us as your principal consultant.

As it’s nearly Christmas, we think it’s our responsibility to give you a final reminder about driving responsibly. Everybody likes to get a little more merry over the festive period than they usually would, but don’t allow this to turn your good time into a Christmas nightmare. If you’ve had too much to drink, or are weary from the frivolities of the previous night, don’t risk it. Stay over at someone’s house.

As well as this, ensure that you take extra care when driving on the slippery winter roads. Icy surfaces are the single biggest danger to motorists in the winter months, so make sure you stay alert, brake with plenty of time and avoid the worst affected areas.

Above all, we hope you have a fantastic time over the festive season, so have a merry Christmas and a happy New Year!

Is drink driving a criminal offence?

June 28th, 2012 by admin

Drink driving is classed as a criminal offence rather than just a motoring offence due to the fact it puts other motorists’, pedestrians’ and passengers’ lives at risk. Exceeding the legal alcohol limit and taking to the wheel is taken very seriously and can even involve a prison sentence. In some cases however, circumstances surrounding the offence itself or the driver can minimise the sentence or even result in acquittal.

The first example would be if you had consumed alcohol but weren’t over the legal limit. Currently the legal limits stand at:

  • 35 micrograms of alcohol in 100 ml of breath;
  • 80mg of alcohol in 100 ml of blood;
  • 107mg of alcohol in 100 ml of urine.

Although having less than those legal limits in your bloodstream, urine and breath would still allow people to legally drive, it’s always advisable to completely avoid drinking if you have a good idea you’ll be taking to the wheel. It can be hard to gauge exactly how much you’ve had and even the smallest amounts of alcohol can delay reaction times.

Special Reasons Argument

The Special Reasons Argument can be used if you haven’t knowingly or voluntarily drank and drove. For example, if you were over the legal alcohol limit without knowing your drink contained alcohol; the Special Reasons Argument could be used to defend you in court. Examples include:

  • Drinking a beverage without being told it contained alcohol;
  • Consuming a higher percentage alcoholic drink than you realised;
  • Having your drink spiked;
  • Consuming more alcohol after you drove but before you were breathalysed;
  • Having to take to the wheel after consuming alcohol due to an emergency which required you to drive and where no other option of transport was available.

In order for the Special Reasons argument to stand, there has to be proof behind the argument and is best presented by a lawyer with specialist knowledge of motoring offences.

Here at Just Motor Law, we have a refined series of expertise in putting the Specials Reasons argument forward in the Courts. If you’ve been accused of drink driving it’s strongly advised you contact one of our expert motoring offence lawyers who can help you develop a strong case.

Exceptional Hardship

This argument is used whereby the impending conviction outweighs the severity of the offence you’ve allegedly committed. This legal argument is used as a mitigation to reduce your driving suspension or increase your chances of retaining your driving licence after totting up 12 points. Unlike the Special Reasons argument, Exceptional Hardship takes your personal situation into account rather than that of the offence. The following circumstances could be applied to an Exceptional Hardship plea:

  • If a driving ban would cause hardship to others; for example if you’re the main carer for a disabled person and are responsible for taking them to hospital appointments;
  • If a disqualification from driving would cause you to lose your business or home, which was considered to be unbalanced with the severity of the offence.

Here at Just Motor Law we have seasoned expertise in using both Exceptional Hardship and Special Reasons arguments to help get the best scenario for you. For free legal advice, give our friendly team a call on 0845 485 1231, drop us an email at enquiries@justmotorlaw.co.uk or catch us on live chat.

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