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Motoring Solicitor Welcomes New Driving Rehab Course Rules

Posted on 12/04/2012

A motoring specialist has welcomed new regulations around rehabilitation courses designed to reduce reoffending on the roads.

Matt Reynolds, a solicitor at Just Motor Law, said that The Rehabilitation Courses (Drink-Drive and Other Offences) Regulations 2012 that will come into effect tomorrow [Friday, April 6] should regulate quality standards of such programmes across England and Scotland.

The new regulations appear to be an attempt to standardise the efficiency and quality of these courses in advance of the government’s plan to make it compulsory that every drink driver who is convicted and banned be sent on a Rehabilitation (DDRS) Course.

Matt said: “The purpose of the programme is too improve road safety and reduce reoffending and a report by Transport Research Laboratory found that satisfactory completion of a DDRS course goes some way to achieves these aims.

“However, according to the consultation, prior to the new regulations the course providers were not consistent in the quality of their lessons. Under the new regulations, the Secretary of State (SoS) may withdraw approval for a DDRS course where they do not come up to a level of consistent quality set out in guidance published by the SoS.”

In an attempt to increase the uptake of the courses in the period until they become compulsory, providers will also be given approval to conduct courses in geographically specified areas. It is hoped that the move will make it easier for offenders to access local schemes.

The other main change will see the offender, rather than the taxpayer, administering the scheme.

Matt said: “While around 90,000 offenders each year are convicted of a relevant drink-driving offence, about 60,000 of these are referred by the courts to courses under the DDRS, and agree to undertake a course. However, only around 30,000 offenders actually complete the course.

“We would hope that this enforced quality control can only be a good thing for all road users and the offenders themselves, and of course successful completion of the course will continue to lead to a 25% reduction in the period of the disqualification.”

Motoring Lawyer Warns Travellers to Brush Up on Driving Laws

Posted on 26/03/2012

Holidaymakers planning to drive abroad this Easter are urged to ensure they understand their destination’s driving laws before getting behind the wheel.

 
The warning from Natali Farrell, Road Traffic Lawyer at Just Motor Law, comes following the news that those driving in France now have to carry a breathalyser kit in their car, in addition to the warning triangle and fluorescent safety vest which are already compulsory.
 
Natali says: “In the run-up to going away, familiarising themselves with that country’s driving laws is often the last thing on people’s minds.
 
“However, the rules can often be so complex that even those with a basic knowledge of them can easily be caught out.”
The laws in France are particularly easy to unwittingly break, with 8.5% of all motoring offences committed in France being committed by British drivers.
 
In addition to carrying the breathalyser kit, warning triangle and safety vest, there are other rules that British motorists must adhere to. A GB plate must be displayed, and they should have their headlights adjusted to the right. They should also carry their motor insurance certificate and both paper and photo card parts of their UK driving licence.
 
But even those drivers carrying the full list of equipment can find themselves in hot water by not being aware of the complexity of the rules. Motorists can still be penalised if, for example, they carry the luminous vest in their boot rather than the main section of the car. They can also be fined if they don’t have a bulb in their car to replace a blown car light.
 
And Natali warns that France isn’t the only country where drivers can be caught out. She said: “Spanish rules include a penalty for motorists who fail to carry two red warning triangles. These are to be placed, in the event of an accident or breakdown, in front of and behind the vehicle.
 
“In Italy, private and hire cars aren’t permitted to enter the historic centre of many cities without an official pass. While you can usually purchase a pass from most car hire companies to access the centre if that’s where your hotel is located, this pass will not be valid for entering the centre of any other city.
 
“Even the US driving laws can fox many people, with, for example, both the speed and drink driving limits lower than in the UK.”
 
According to Natali, the only way for holidaymakers to ensure they’re driving on the right side of the law is to brush up on their knowledge before they leave home.
 
She said: “The British Foreign & Commonwealth Office website contains plenty of information about driving in your chosen country. Most of us spend a great deal of time reading up on our destination before we travel there. Just that bit more time spent brushing up on the driving laws can result in a safer holiday for all with little chance of legal repercussions.”

Motoring Lawyer Urges Medicine Labels Revamp

Posted on 06/02/2012

A motor law specialist is calling for clearer labels on prescribed drugs and medicines to help drivers avoid falling foul of the law.

Matt Reynolds of Just Motor Law believes that in some cases motorists should be categorically advised not to drive while on certain medication.

The growing issue of drug-driving, including prescription and illegal drugs, is currently being studied by a Department of Transport advisory panel with tougher legislation expected. Roadside tests similar to drink-driving may be introduced.

Latest NHS figures show that around 900 million prescription items, up 70% since 2000, are dispensed every year or 17.8 items per person - of which experts say around a quarter of the drugs could potentially impair driving by inducing fatigue.

Solicitor Mr Reynolds said: “With more motorists than ever taking prescribed medicines it logically follows that more people are potentially driving while under their influence, and our recent caseload certainly reflects that.

“Labels on some medicines indicate that they ‘may cause drowsiness’ but drugs manufacturers may wish to consider going further by offering more explicit advice, urging caution and perhaps explaining that driving while under the influence of medication can have legal implications for the patient.

“Ultimately every motorist is legally responsible for their actions, but clearer labeling on prescribed or over-the-counter drugs can greatly help them make the right decision which in some cases will be not to drive in the first place.

“Just Motor Law has represented clients who were properly taking prescribed medicine for conditions such as anxiety and insomnia. They felt absolutely fine for driving yet police evidence showed that in fact their driving was impaired by the medicine.

“Drug-driving carries the same punishment as drink-driving so genuine personal hardship can result from being convicted such as losing your job. Millions of UK motorists could potentially find themselves in this position.”

Common medicines prescribed for pain relief, blood pressure problems, anxiety, depression, panic disorders or even some cold and flu remedies bought from a chemist can result in significant and sudden fatigue

Just Motor Law is a dedicated team of lawyers who specialise in defending motorists who fall foul of the UK’s road traffic laws - www.justmotorlaw.co.uk

Young drivers warned about Christmas & New Year Party Risks

Posted on 19/12/2011 17:18:00

Motoring law specialists are warning young drivers about risking their licence or even their jobs this Christmas and New Year for the sake of a few drinks.

Record numbers of UK motorists in their teens and early 20s are expected to take to the roads after a night out with work colleagues or friends.

Snow and ice disruption led to many festivities, especially office parties, being cancelled over the last two years so many inexperienced drivers were not faced with a drink-drive dilemma.

Economic factors may also tempt people to take the car this year and with an increased number of new drivers experiencing their first Christmas behind the wheel experts are warning that drink-drive casualty figures may rise after an all-time low.

Solicitor Matt Reynolds of Just Motor Law said: “More young drivers than ever before will enjoy the option of driving this Christmas and New Year but along with this novelty comes the quandary of ‘should I or shouldn’t I’ drive and if so whether to have a drink or two.

“A new survey of 18,138 drivers by AA/Populus revealed that 25% of drivers, especially 18 to 24 year olds, are concerned that they will be tempted or feel pressurised to have ‘one for the road’ at parties.

“Sometimes it is easy to be swept along with your friends and make a snap decision that has far reaching, negative and expensive consequences.

“Our advice is to avoid temptation by planning ahead and discussing travel arrangements with family, friends and work colleagues in advance.

“Unless you are confident of not drinking any alcohol at all, arrange your lift home with a non drinking and full licence holding colleague, book a taxi and team up with others to share the expense, or sweet talk mum or dad or a partner to collect you.

“Planning ahead avoids falling foul to peer pressure so you can focus on enjoying the festivities rather than waking up in a police cell facing criminal charges and the loss of your licence.”

New drivers with less than two years’ experience are also being warned by Just Motor Law about boozing and ‘sleeping it off’ in the car.

They face being convicted of being drunk in charge of a vehicle and a ten-point penalty which under the Road Traffic (New Drivers) Act 1995 means their licence will be revoked.

Matt Reynolds said: “For many young people a driving licence is their passport to independence and essential for employment - but a driving ban or revocation of their licence can set them back in their career, studies and social life.

“If a new driver receives six or more penalty points within their first two years then the DVLA will revoke their licence and they will have to retake their practical and theory tests. This will be costly and time consuming.”

Revellers also face prosecution for aiding and abetting someone to drive while over the legal limit and risk losing their own driving licence for a minimum of a year.

A total of 170,000 motorists were breath-tested in the UK-wide crackdown last year and 6,662 arrests were made. Police will again be carrying out roadside tests on drivers they suspect of drink-driving or of being under the influence of drugs.

Male drivers under 25 have the highest incidence of failing a breath test after being involved in a road accident in which someone was injured, according to the Department of Transport.

Driving Standards Agency figures show 700,000 new drivers take to the UK roads every year, the majority in their teens or early 20s.

Just Motor Law - www.justmotorlaw.co.uk - is a dedicated team of lawyers who specialise in defending motorists who fall foul of the UK’s road traffic laws, offering free consultation and online advice. Ring 0845 485 1234.

More Speed Cameras in North Yorkshire

Posted on 13/09/2011 13:24:00

Following a police pilot project, North Yorkshire Police have announced to Wetherby News that mobile speed cameras will now be a permanent fixture in their county.  Up until now, North Yorkshire were the only county in the UK not to operate mobile speed cameras!

The pilot project was set up over a six-month period to monitor motorists speeds on rural roads in an effort to promote road safety.  During the project a total of 1805 motorists were caught speeding.  From the alleged offenders, 70% were offered speed awareness courses, 21% were given fixed penalties and 2% were summoned to court.  The remaining 7% of motorists being caught does not appear to have been published, which could suggest that these people were caught in error or cases were dropped by the police for other reasons.

North Yorkshire Police say they were "disappointed" with the amount of people caught speeding and believe that the cameras should now become permanent.  Inspector Brown of North Yorkshire Police said "If you speed you are now likely to be caught in North Yorkshire than ever before.  Speed kills, ignore the law and you will be punished".

In light of the new cameras, motorists in North Yorkshire should now be extra vigilant when driving and adhere to the speed limit.

 

 

Drugs, drink and lack of insurance trigger lethal festival cocktail

Posted on 24/08/2011 13:43:00

Drug and drink driving and lack of insurance are expected to cause a surge in the number of people arrested while attending the August Bank Holiday festivals this weekend.

With thousands of revellers expected to hit the roads for the hugely popular Creamfields, Reading and Leeds festivals, leading motoring solicitors are bracing themselves for a busy few days.

Matt Reynolds, a solicitor with Just Motor Law, said: “Festivals inevitably see a sharp rise in the use of illegal drugs and alcohol and we would expect to see a number of motoring arrests in relation to these.

“However, another growing area of concern is the amount of people being tempted to drive without insurance because they cannot afford the ever increasing premiums.

“We would urge all people attending festivals being held this Bank Holiday Weekend to think through the consequences of being stopped for drink or drug driving or lack of insurance.”

Young men aged between 17 and 29 are believed to be the most likely to drive while on illegal drugs. Cannabis is known to distort a driver’s perception of time and distance, cocaine causes aggressive and risky driving, amphetamines such as speed impair coordination, while Ecstasy causes blurred vision and poor judgement.

Police currently have no equivalent to an alcohol breathalyser to test for drugs and instead use a Field Impairment Test (FIT). Tests can include standing on one leg, touching your nose with the tip of your finger and closing your eyes and estimating when 30 seconds have elapsed.

Matt Reynolds added: “People who are arrested on suspicion of any motoring offences while attending music festivals need to ensure they get the right support immediately. They have a right to be represented at a police station and, should it be required, to be defended in a court of law.”

Just Motor Law provides specialist legal advice on all motoring offences with a 24-hour hotline and online live chat facility.

Just Motor Law also specialises in providing clients with technical defences, challenging equipment used by police officers and highlighting any failure to conform with rules of evidence.
 

Kirwans Launches Specialist Motoring Law Brand (PRESS RELEASE)

Posted on 28/07/2011 14:49:00

One of the North West’s leading law firms has launched a standalone brand dedicated to helping defend motorists’ right to drive.

Kirwans has launched Just Motor Law providing specialist legal advice on all motoring offences with a 24-hour hotline and an online live chat facility.

While some of the most common offences remain speeding, drink driving and careless and dangerous driving, the Just Motor Law team says offences including drug driving and driving without insurance are becoming increasingly prevalent.

Just Motor Law also specialises in providing clients with technical defences, challenging equipment used by police officers and highlighting any failure to conform with rules of evidence.

Heading up the Just Motor Law team is experienced motoring solicitor Matt Reynolds, supported by Natali Farrell, a dedicated road traffic lawyer.

Simon Gibson, Kirwans’ Managing Partner, said: “This is an exciting departure for Kirwans launching our first ever standalone brand. We carried out extensive research among our clients and members of the public and decided it was important to have a clear and distinct brand separate to the firm’s core services.

“Our mission is simple – to provide an exclusive service to our clients who find themselves accused of motoring offences with direct access to a lawyer. We are offering 24-hour access to our specialist team including an innovative interactive web chat facility.

“Matt and Natali both have considerable experience in the area of motoring law and a proven track record of getting results for clients.”

Matt Reynolds said: “The range of potential motoring offences has never been greater. While the most common ones remain the likes of speeding and drink driving, today an increasing number of people are being accused of not being in proper control of their vehicle or driving without due care and attention because they are using a mobile phone while driving, drinking a bottle of water at the wheel and even fiddling with the Sat Nav.

“The impact of the recession has also led to a growing number of motorists driving without insurance in order to try and save costs.

“The ability to drive can often be essential for employment and to pursue a social and domestic life to the full. From initial free telephone advice and representation at police station through to any appearance in court, we will be there every s tep of the way for our clients.”

The Just Motor Law team are able to take advantage of the heavy investment Kirwans has made in cutting edge IT to ensure that clients receive the highest possible legal advice and client care.

Potential Prosecution for Perverting the Course of Justice

Posted on 28/07/2011 11:18:00

Cabinet Minister Chris Huhne has been accused of asking his now separated wife to take penalty points on her driving licence in respect of a speeding offence he is alleged to have committed, in order to avoid a driving ban!  

The Crown Prosecution Service are now considering the case to decide whether they want to prosecute.  If the decision is taken to prosecute Chris Huhne then he could face an offence of Perverting the Course of Justice.  This offence carries a maximum of life imprisonment and can only be dealt with in the Crown Court.

People are increasingly asking partners, relatives and friends etc to take penalty points for motoring offences in an effort to avoid penalty points being added to their own driving licences.  More penalty points on driving licences can result in increased insurance premiums and driving disqualification's although what people do not seem to be aware of, is that by doing this, they are committing an offence of Perverting the Course of Justice, which if convicted, can result in a lenghty period of imprisonment!

It is unclear at this stage whether Chris Huhne will be prosecuted, although given he strongly denies the allegation, if he is prosecuted, the case could proceed to trial at the Crown Court.

If you ever find yourself in the position of considering asking somebody else to take penalty points for you, think again.  The penalties for Perverting the Course of Justice far exceed the penalties for being disqualified from driving.  Even if you are facing a driving disqualification, there is always something that can be done to mitigate this or even avoid a disqualification all together by arguing exceptional hardship.

Using a mobile phone while driving

Posted on 14/07/2011 14:37:00

Do you call, text, tweet, surf or Facebook on a daily basis?

According to the latest Ofcom figures, 91% of UK adults own or use a mobile phone.

It seems extraordinary now but before mobile phones, if you wanted to contact someone you called a building and hoped that the person was in. Today, we can be confident of connecting immediately, whether for business or socially.

As the use of mobile phones spread, people began to use them while driving, to avoid “down time” during a journey.
According to the Transport Research Laboratory, drivers using their mobiles had even worse reaction and stopping times than drink drivers. Spare a thought for the passengers of the Roman bus driver who was suspended this year for steering with his elbows while using a mobile in each hand!

In 2005, mobile phones were cited as a factor in 13 fatal accidents and 52 serious crashes according to the Department for Transport statistics. Consequently, using a mobile while driving was banned and in February 2007, it became a criminal offence that carried 3 points or disqualification. In 2010, the Ministry of Justice published figures indicating that men are seven times more likely than women to be accused of the using their mobiles while driving and that the numbers of drivers taken to court jumped to more than 26,000 in 2008.

So if you want to use your mobile while driving then consider buying a hands free kit. You will not fall foul of this law as long as you do not have to pick up the mobile handset to operate it.

The law says that you must not use your mobile phone while driving. “Using” means holding it at some point in order to make or receive a phone call or to perform any other interactive function. This would include texting, reading a text, using the internet or downloading photos. This law also applies to a SatNav.

It is a defence to show that you were calling the emergency services in response to a genuine emergency and that it would be neither safe nor practical to stop the vehicle.

What if you were not using a mobile phone?

Police officers are only human and they make mistakes like anyone else. If you were not using your mobile phone then it is not fair that you should be penalised.

Our team of experts will help you prepare the strongest case possible and if appropriate, assist you in obtaining phone records to demonstrate that you were not using your mobile at all. If you have a hands free kit we can present a compelling argument that there would be no need for you to touch your mobile phone.

If the Crown Prosecution Service insist on proceeding to trial, we will carefully cross examine the officers and use our skill and experience with the aim of persuading the Court to find you not guilty.