Driving Without A Licence
Nov 11, 2009 More Saving
One of the worst offenses on our roads is driving without a valid Drivers license. This is something that has been ingrained into us right from the first days when we start driving, but it is so surprising to note that there are thousands of violations reported each year of people driving without a license!
There are various levels of driving without a license, and the most basic of them is where people forget to carry their licenses and go out. When stopped by the police, the good answer is to be honest about it, and let them impound the car or tow it away to the nearest police station. You can go home, get your license, pay the fine, say sorry (and take whatever else they may hand down to you), and come home with your car.
The real problem is when people do not have a licence at all and are caught driving on the roads. Somehow, there are a handful of people whove got away with it and have put their stories up on various online forums and even on youtube. However, realistically, there is no way out if you dont have a licence and are caught driving.
The really big problems start arising when you dont have a licence at all and you are involved in a road accident. If you find yourself in this situation, well all I can say is God help you! The penalties for this (depending on the laws in the state or county) that you happen to be in range from a lifetime ban on driving, having your car impounded or a spell in prison.
The worst penalties however are for when a driver has had a driving ban placed upon him/her and then they are caught driving. Even if they have a temporary ban, the penalties are more severe for driving during that period than driving without a licence at all. Driving after having a permanent ban on your licence really is a shortcut to federal prison!
People driving without a licence is simply an attitude problem. If an understanding that the rules are there for our convenience can be achieved then that should put an end to the attitude problem.
For more information about driving without due care and attention and for free legal motoring advice, visit pattersonlaw.co.uk
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The Dangers Of Careless Driving
Oct 16, 2009 More Saving
Where driving without due care and attention used to be something of a defence, it is now far more of an offence. Momentary lapses of concentration are no longer an excuse in a court of law, in fact, in some instances; it can be enough to land you in jail.
Powerful associations like MADD ” Mothers against drunk driving, and other such associations have been lobbying for such changes in the law for quite some time now, and several states have statutes which vary in degrees depending on the severity of the outcome of careless driving.
But what is so surprising is that people dont take driving without due care and attention so seriously. They sympathize with the offender and offer advice as to how they can get away from it all! On a legal forum, we came across a question put by a member who apparently was charged for spinning tires on a gravel road by virtue of going very fast. There was a petrol pump next to where he was fined and the officer mentioned in his report that the offender was driving without due care and attention, and that since the petrol pump was open and there were people in the area, he could have injured someone. Now, the question in the forum was whether proving if the petrol pump was closed will be beneficial to his case, and to our surprise, dozens of people gave advice as to how he could prove that something in the cops report was wrong! What citizenship!!
Every year there are thousands of deaths or serious injuries on the roads as a result of negligent driving and we dont really take notice. Tens of thousands of people lose their licences every year because of careless driving, at least temporarily and many of them just turn up back behind the wheel without a valid licence! Even though the people in the surrounding neighbourhood may well know about it, most people will not pull them up on it, and this is what causes most of the motoring offences on our roads.
Though driving without due care and attention is a relatively lower ranking offense when compared to drunk driving or cell phone driving, it still is one of the biggest causes for accidents, and needs to be addressed with greater authority.
For more information about driving without due care and attention and for free legal motoring advice, visit pattersonlaw.co.uk
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How To Make A Special Reasons Argument
Sep 20, 2009 More Saving
If you have been accused of a motoring offence, then you will need to quickly prepare a defence before you get charged. Many areas of the law are almost open to interpretation and so the accusing side must complete every stage of the process correctly or it is likely that you will have grounds to contest the claim.
If you believe that the particular circumstances under which you committed the driving offence should exempt you from some or all of the punishment, then you can make a Special Reasons argument. These are most commonly used to avoid bans in drink driving cases, however they are sometimes used to avoid penalty points for other offences as well or driving through a red light.
When arguing a Special Reason, you are required to give evidence (under oath of course) that in the given circumstances it wouldn’t be fair to administer the penalty points. The most common case for people to argue Special Reasons is that it was an emergency, i.e. they were taking a badly injured passenger to A & E or were taking a woman who is having a baby to hospital and went a bit above the speed limit or ran a red light.
If the court deems that there were indeed Special Reasons in your circumstances, then you will not be issued any licence points. There aren’t any particular definitions of Special Reasons, however you will have to prove that your situation was one of the following:
1. A mitigating or extenuating circumstance
2. It must not amount in law to a defence to the allegation
3. It must be directly connected to the commission of the offence
4. It must be something appropriate that the Court ought to take into consideration when deciding what punishment to impose.
The opportunity to argue Special Reasons is contained within Section 34 of the Road Traffic Offenders Act 1988.
For more information about driving without due care and attention and for free legal motoring advice, visit pattersonlaw.co.uk
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Driving Without Insurance
Sep 17, 2009 More Saving
It is illegal to drive a motor vehicle without a valid insurance certificate covering you to use that vehicle at that time.
Due to the potential legal implications if you were to crash while driving an uninsured vehicle, this offence is taken very seriously by the Magistrates Court.
In order to be found guilty of driving without insurance, the Prosecutor only has to prove that you were driving the vehicle on a public road at the time in question and it is down to the defendant (you) to prove that you had insurance and you were allowed to be driving it. This is an unusually way of proceeding in court, but it is this way because it would be extremely time consuming and nearly impossible for the Prosecutor to prove that you were not insured because they would have to go to every insurance provider in the country and check that you aren’t insured with each of them. It is therefore your responsibility to prove that you did have insurance to be driving the vehicle at the time in question.
One of the things that catches most people out in relation to the no insurance offence is that you do not have to actually be driving the vehicle at the time of the alleged offence in order to be guilty. The offence is actually described as using the vehicle without insurance. Using a vehicle can mean “having use of” the vehicle. This means that if the vehicle is parked up on a public road outside your home for example (even if it is broken down) the Court will still find that you had the potential use of the vehicle and therefore if it is uninsured they will find you guilty of using the vehicle without insurance.
Another way in which many people get caught out with the no insurance law is when they believe that their fully comprehensive insurance policy covers them to drive other peoples cars with their permission. A lot of the time, fully comprehensive cover does not actually include this in the policy.
It is of paramount importance that you understand the terms of your insurance policy and you make sure each and every time you drive either your vehicle or someone else’s that you are actually insured.
For more information about free legal advice please click no insurance.
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Free Legal Advice
Aug 9, 2009 More Saving
When you get inadvertently caught by either a camera or the police committing a traffic offence, it is essential that you get the best professional advice as soon as possible. The issue many people have with this is that in order to get the best advice, a lot of the time you will have to pay a consultation fee.
This doesn’t have to be the case as there is a lot of high quality, free information available online. Occasionally we all find that we have strayed over the speed limit and with the busy world of today, it can be difficult not too as many people have a lot on their minds. It is not uncommon for people to commit minor offences through a momentary lapse of concentration and then be faced with points on their licence, fines or even a driving ban.
Unless you are very familiar with the intricacies of motoring law you will either plead guilty or try to fight your case if you feel that you have been unjustly prosecuted. It is very important that you seek advice as the law is very specific on the terms of each and every prosecution. If all of the correct procedures have not been fulfilled then your case may even be thrown out of court.
If you are going to seek advice, it is a good idea to seek out a specialist in the field. For motoring offences you don’t really want a divorce specialist and vice versa, so conduct due diligence before you follow any advice given. Many good solicitors will almost pay their own fees with the savings in fines and inconvenience that they offer you. Obviously the circumstances of each offence is different, but a great deal of the time there will be room for a good solicitor to greatly affect the outcome in your favour.
The important thing is not to stick your head in the sand, if you do then you will only make things worse. If you are proactive about your pending conviction then you have far more chance to alter the outcome. If you act today then you will give your solicitor the maximum possible chance to achieve the best possible result for you. Even if you plan to represent yourself, seeking professional free advice is the best way to prepare yourself before you enter the courtroom.
A court room can be daunting place so by going in prepared you will give yourself the ammunition that you need in order to properly fight your case. Alternatively you can listen to the advice and then decide that your interests would be better served by using a professional to represent you.
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Laws on the Road
Jul 3, 2009 More Saving
Road laws are the rules and regulations that all users of the road are required to follow. Though these laws do apply to all road users, they are of particular relevance to motorists and cyclists.
These rules are in place to govern the actions taken by drivers towards other other drivers and pedestrians. The basic road laws are written in an international agreement by authority of the UN.
These laws are not concrete in every country, and there are different local variations in the countries that it does apply in. On top of these basic road laws, there is a set of unspoken rules that are generally understood by road users.
As a general rule, and rather an obvious one, drivers are expected to avoid colliding with pedestrians or another vehicle, whether or not the set-in-stone road rules allow them to be where they are.
As well as the written or unwritten laws and rules, traffic signs and traffic lights must be followed. Instructions can also be given by a police officer, either routinely, i.e. a traffic warden on a busy crossing instead of traffic lights, around a road works zone, accident, or other road disruption.
These road laws, as with any set of laws, get broken, by accident more often than not. But, if you have been unfortunate enough to have accidently broken any of the laws of the road, your initial thought should be towards a professional soliciter with particular expertise in road law and ample experience.
The right person really will prove to be an invaluable asset to your defence should it be taken as far as the courtrooms.
Your ideal candidate will be a specialist road law firm as they will undoubtedly provide a better and more knowledgeable service than traditional law firms that dabble around in all areas of the law.
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