Lawyer Destroyer

Yes, you can. The drink-drive rehabilitation scheme course allows a court to offer a reduction in the length of a disqualification imposed for a drink-driving offence. Legal basis: The power comes from sections 34A to 34C of the Road Traffic Offenders Act 1988. When a court disqualifies a person for a relevant drink-driving offence, it … Read more

For most drink driving offences that involve driving or attempting to drive (for example driving with excess alcohol, being unfit through drink, or failing to provide a specimen when driving or attempting to drive), disqualification from driving is obligatory. The usual minimum period is 12 months. The minimum rises to 3 years if you are … Read more

This is a question that comes up frequently, and the answer is nuanced but ultimately quite narrow in practice. The legal framework: Drink-driving offences are primarily governed by sections 4, 5, and 5A of the Road Traffic Act 1988. On conviction, the court is required to impose a minimum disqualification period, which is ordinarily 12 … Read more

Failing to provide a specimen when required by the police is a serious matter under the law of England and Wales. Here is the legal position and the practical consequences. Legal framework: The key provisions are found in sections 6 to 11 of the Road Traffic Act 1988, together with section 7(6) which creates the … Read more

This is an important question and the short answer is that you can physically refuse, but doing so is a criminal offence in itself, and the consequences can be just as serious as, or even more serious than, a drink driving conviction. Legal position: Under section 6 of the Road Traffic Act 1988, a constable … Read more

This is a good question and one that comes up increasingly often as dashcam use has become widespread. Short answer: Yes, the police can and do prosecute based solely or primarily on dashcam footage provided by another road user. There is no legal rule that requires the police to have witnessed an offence themselves in … Read more

Yes, you can submit dashcam footage to the police if you have witnessed dangerous or careless driving by another driver. Most police forces in England and Wales actively encourage members of the public to do so, and many have set up dedicated online portals specifically for this purpose. How to submit: Most police forces now … Read more

Yes, dashcam footage can be used as evidence in motoring cases in England and Wales, and it is now very commonly relied upon in both criminal prosecutions and civil claims. Here is a fuller picture of the position. Admissibility: There is no blanket rule excluding dashcam footage. In criminal cases, the court has a general … Read more

Being falsely accused of causing a road accident is stressful, but there are clear steps you can take to protect yourself. The answer depends somewhat on whether this is being dealt with as a civil claim, a criminal matter, or both. Immediate steps: 1. Do not admit liability. This applies at the scene, in any … Read more

Leaving the scene of an accident: legal position in England and Wales The short answer is yes, you can be prosecuted. The relevant law is primarily found in sections 170 and 171 of the Road Traffic Act 1988. Section 170 duties: Where an accident occurs owing to the presence of a mechanically propelled vehicle on … Read more

This is governed by section 170 of the Road Traffic Act 1988. The legal position: If you are involved in a road traffic accident and you fail to stop and exchange the required details at the scene (your name, address, and the registration number of the vehicle, and in cases involving personal injury, your insurance … Read more

This depends on the circumstances of the accident. The law on this is set out in section 170 of the Road Traffic Act 1988. When you must stop and exchange details: If you are involved in a road traffic accident where damage or injury is caused to another person, another vehicle, an animal (horse, cattle, … Read more

Yes, you can be charged with failing to stop after an accident even if the damage was only minor. The offence does not depend on the severity of the damage. Legal position: The relevant law is section 170 of the Road Traffic Act 1988. This section applies where, owing to the presence of a mechanically … Read more

Receiving a court summons for driving without due care and attention is a serious matter but a very common road traffic prosecution, so there is a well-established process you can follow. The offence: Driving without due care and attention is an offence under section 3 of the Road Traffic Act 1988. The test is whether … Read more

Short answer: Yes, you can be prosecuted for careless driving even after what seems like a relatively minor accident. Legal position: Careless driving is an offence under section 3 of the Road Traffic Act 1988. It covers driving that falls below the standard expected of a competent and careful driver. There is no requirement that … Read more

These are two distinct offences under the Road Traffic Act 1988, and the difference between them matters a great deal because the consequences are significantly different. Careless driving: This is the less serious of the two offences. It is set out in section 3 of the Road Traffic Act 1988. The legal test is whether … Read more

Careless driving in England and Wales: The offence is set out in section 3 of the Road Traffic Act 1988. It covers driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place. The legal test: … Read more

This is a question that catches a lot of people out, and the answer is yes, you can. Legal position: The law changed significantly on 25 March 2022 when amendments to Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 came into force. The revised rule makes it an offence to hold and … Read more

This is a question that comes up surprisingly often, and the answer is more nuanced than many people realise. Legal position: The law on this is governed by section 41D of the Road Traffic Act 1988 and the Road Vehicles (Construction and Use) (Amendment) Regulations 2022, which amended Regulation 110 of the Road Vehicles (Construction … Read more

This is a question that catches many people out, and the answer is yes, you can be prosecuted. Legal position: The relevant law is regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986, as amended. The offence is using a hand-held mobile phone or other hand-held interactive communication device while driving a motor … Read more