All posts tagged with traffic offences
A large number of motorists face a police prosecution for using their mobile phones to take photographs following a crash on the M1 motorway in Bedfordshire.
The accident caused 14 miles of tailbacks. Whilst motorists were driving past, at low speed, they were videoed by the police whilst using their mobile phones to take photographs of the accident.
More than 18,000 speeding motorists have been fined for speeding
offences on the motorway between Junction 18 and Junction 20.
Whilst the vast majority of the speeding fines have been dealt with by way of a conditional offer a fixed penalty
, in relation to the higher speeding offences recorded by the cameras there have been a large number of police prosecutions involving cases before the magistrates court.
Information obtained under the Freedom of Information Act has indicated that 73 motorists per day, on average, are caught by the speed cameras.
The use of any of the facilities on a mobile phone whilst driving is an offence. This can result in a Magistrates Court prosecution in certain cases, alternatively the police may offer a fixed penalty of 3 penalty points upon the driving license and a fine of £100.
With regard to the causes of fatal road traffic accidents, there are a "fatal 4"preliminary causes of deaths whilst driving. These include drink-driving
, failing to wear a seatbelt, speeding
and using any function on the mobile phone whilst driving.
Ridiculous Delays In The Prosecution Of Road Traffic Cases
The Government has overseen a brutal series of cost cutting exercises within the criminal justice system. The sole purpose has been to save money at the expense of justice. Nowhere is this more evident than in road traffic cases.
I have just fixed a trial for a client facing prosecution for allegedly driving while impaired through drugs. The issues are straightforward and the trial will take no more than 3 hours. The earliest the court can hear the case is April 2014.
Failure to provide the police with driver identity is an offence which carries six penalty points and a fine.
Section 170 will the Road Traffic Act provides that when the police send a notice of intended prosecution/written request for driver details, the recipient is obliged to identify the driver. Failure to do so is an offence.
Many people plead not guilty to failure to provide driver identity upon the basis that they did not receive the notice from the police and therefore could not be held responsible in law for the failure to provide driver details. Obviously the law cannot hold you responsible if you have not received the written request.
There has been a recent change in the law in relation to people who have not received the notice of intended prosecution due to a house move and they have not notified the DVLA of the change of address. This means that when a speed camera is activated or other motoring offence is committed the police look on the DVLA database for the registered keepers details. If the old address is on the system as the keeper of the car has not notified the DVLA of the change of address, the police will obviously write to the old address.
It has recently been held by the Divisional Court that if this happens, the person to whom the notice was sent to does not have a defence.
As part of due diligence the motorist should notify the DVLA of change of address. If there has been a failure to provide driver identity because the notice of intended prosecution from the police was not received and the keeper had not either placed a divert on his post, notified the DVLA of the change or put in place other reasonable provisions that would ensure they receive the police request, then they will be found guilty of failure to provide driver details.
Posted by: Robert Bimpson on August 6th, 2015 @ 7:43 PM
Tagged with: change of address, fail to provide driver details, fail to provide driver identity, notice of intended prosecution, speed camers, speeding, speeding offenses, speeding tickets, traffic offences, traffic prosecution
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