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Motoring law. The Consequences

July 31st, 2013 by Andreas Xavier in Public records. Topics:

Driving in the United Kingdom today you are increasingly likely to commit some form of motoring offence, often unintentionally. However, despite a stretched police force you are not guaranteed to escape detection. Each year over 14million motoring offences are recorded within the UK, stretching from parking offences through speeding and up to the more serious offences such as ‘dangerous driving’ and ‘careless or inconsiderate driving’. These can all result in fines, penalty points, losing your licence, or even a jail term. Each of these will affect your future insurance costs or even your job.

Speeding is usually fairly straight forward provided it is clear what the speed limit is. A more subjective view is needed for dangerous or careless driving charges.  A person is said to be driving dangerously when he or she is showing a standard which is not acceptable compared to the normal standard. Some typical examples of this that go through courts on a day-to –day basis include a dangerous level of speeding or dangerously overtaking. On the other hand a person can drive carelessly. This, for instance, is when the person drives too close to another vehicle or drives through a red light by mistake. Further examples of inconsiderate driving could include unnecessarily slow driving or braking severely and inappropriately. All three means of improper driving mentioned above can result in a conviction of a motoring offence.

When convicted of a motoring offence penalty points are sanctioned upon your license. In general terms more points are awarded according to the seriousness of the incident and the offence code that you break. A quick look up gives you an indication of what penalty points you might receive in the absence of any extenuating circumstances. An example of this would be failing to stop after an accident; this would be code AC10 and would warrant the charge of 5-10 points upon the driver’s license. It is from this easy to determine the amount of points which should be sanctioned as each individual code represents a different type of motoring offence. For example TS Penalty Points (Traffic Signs Offences) CD Penalty Points (Careless Driving Offences).

After being found guilty of a motoring offence, time must be served in jail for the most serious offences, any fines must be paid, and points placed on the driver’s record and licence. An alternative for less serious offences may be attending a formal driving course, for a fee.

Any points acquired by the driver must stay for a minimum of 4 years and a maximum of 11 years on the license. Throughout this time any further penalty points add to the ones already there. They are held on both the driver’s central computer record and are on the counterpart document of the driver’s license card.

For cumulative total of 12 or more penalty points within 3 years you could be disqualified for 6 months. 12 months if you get a 2nd disqualification within 3 years and 2 years if you get a 3rd disqualification.

The safest way to avoid a penalty is by driving carefully and within the law at all times. Some of the laws might often seem wrong or not necessary but with the prospect of not driving and a large fine it makes sense to play safe.

DFR Solicitors are motoring law, personal injury, ppi and immigration solicitors covering Huddersfield, Middlesborough, London and throughout the UK

About the author
Andreas co-founded Xavier Media® in 1996 and has since been involved in all kinds of development, marketing and making money online.


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