It was alleged that the driver of a van drove at 60 mph in the centre lane of the motorway. Other vehicles had to brake and take evasive action in order to avoid colliding with a vehicle.
The motorist failed to attend court and was convicted, in his absence, of driving without due care and attention
. This is a classic illustration of where a motorist should have attended court in person. Whilst the offence of driving without due care and attention
may have been made out if it was true that a number of motorists had to swerve to avoid him, 5 points on the driving licence and a fine of £1000 for driving without due care and attention
in this type of case is harsh. It may well have been that the motorist was initially offered a fixed penalty
which would have amounted to 3 penalty points on the driving licence and a fine of £100.
We have seen a rapid increase in the number of clients approaching as for representation in relation to prosecutions for drug driving
Up to half of the motorists pulled over by police in some regions are failing drugs tests, figures show.
In South Yorkshire, about 56% of drivers who were given the Drugalyser
test were found to have taken illegal substances. In London the figure for people failing the drug test was as high as 45%.
The positive drug test rate reached 42% in Warwickshire, West Murcia and Dorset .
The most common drug detected was cannabis accounting for 8 in 10 positive results. This is because cannabis stays in the system far longer than most other illegal drugs. These figures come two months after the first roadside drug testing kits were introduced.
The new "drugalyser" kits enable officers to detect cannabis and cocaine instantly. The process could soon be extended to cover other legal and illegal drugs which will increase further the number of people prosecuted for drug driving. One theory is that many drivers have, up untill now, taken drugs instead of alcohol because these could not always be detected. Only 1 in 20 people stopped for drink-driving
fails a roadside breath test.
It is anticipated that the courts will take a particularly harsh stance in relation to anybody who fails the new drugalyser test and faces prosecution for drug driving.