Driving Bans

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Driving Bans

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Do not be tempted to forget about it and hope it will go away, It Won't!!! 

Avoid a Driving Ban

Wherever, following a conviction  under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’
Road Traffic Act 1988 s34 and s44

Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.

Contact us today for your Free Initial Consultation on 0800 032 5930

Driving Ban Special Reasons

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.

In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

The second stage, is once you have satisfied the court of the existence of special reasons, you have to persuade the court  to exercise it’s discretion and not impose penalty points or a driving ban.  Clearly the persuasive skills of an expert traffic lawyer will give you the best chance of achieving this outcome.

‘Special Reasons’ may be very important for a motorist who has quite a few points on his licence.  If for example you are on 9 points and you stand to be convicted of an offence where points endorsements are obligatory you will hit or even exceed 12 points, leaving you open to a driving ban for ‘totting up’.  If you can persuade the court of  special reasons, you may not receive the points and so avoid the problem.

There are situations, even following a conviction for drink driving, when if you can establish special reasons you can avoid a driving ban.

We will tell you clearly what circumstances do and do not amount to special reasons.

Remember it may be necessary  to call evidence in the form of witnesses to prove special reasons.  Leaving things until the last minute helps nobody.  Contact us as soon as possible, so that any preparation can begin immediately.

Contact us about Driving Bans

For more information regarding Driving Bans then please contact us on 0800 032 5930 or email us at .

 

FAQ - Will I get a driving ban for drink driving and how long will this be?

The penalty for driving with excess alcohol is a compulsory driving disqualification. The length of the driving ban will depend on how far over the limit the person is. The minimum driving ban for drink driving is 12 months. If a person obtains a second conviction for drink driving within a 10 year period then the minimum driving disqualification is 3 years. If a person pleads guilty or is found guilty of drink driving, although the Magistrates do not have a discretion they are legally obliged to impose a driving disqualification, they do have a very large discretion as to how long this can be.
 

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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving

Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

Read More »

Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
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