Driving offence solicitors

Driving offence solicitors

Most road traffic offences are provided for in the Road Traffic Act 1988 and supplemented by the Road Traffic Offenders Act 1988, schedule 2. The most common road traffic offences are:

• Speeding
• causing death by dangerous driving
• dangerous driving
• careless driving
• drink driving
• driving, or being in charge, when under the influence of drink or drugs
• driving without insurance
• failing to stop and report an accident and provide information
• using a mobile phone whilst driving

It is important to seek legal representation if you are facing a driving offence, as many road traffic offences are subject to legal time bars with statutory requirements that must be complied with. For example, in some cases, the police must provide a section 1 warning (a notice of intended prosecution) and in some cases, you will be asked to comply with a s.172 requirement. There may also be other considerations to take into account, for example, in cases of drink driving, the Crown can ask the court for forfeiture of your vehicle and, in other cases, there may be merit in seeking special reasons or exceptional hardship. Such considerations and their outcomes can have a significant impact on your licence and livelihood, including the risk of disqualification from driving, so it is wise to seek advice at the earliest opportunity.

If your case also involves road traffic accident claims, our team of traffic accident solicitors and personal injury lawyers can advise on potential personal injury claims, whether you can claim compensation, and the amount of compensation you might expect.

Drink driving

Scotland has a zero-tolerance policy for offences of drink driving.

Drink driving is prosecuted under section 5 (1) (a) of the Road Traffic Act 1988. A person is guilty under this section if they:

• Drive or attempt to drive a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit.

Usually, drink driving cases are proved by two police officers who will initially carry out the preliminary roadside breath test. In Scotland, the drink driving limits are lower than elsewhere in the UK. In Scotland, the limits are:

• 22micrograms of alcohol in 100 millilitres of breath.
• 50miligrams of alcohol in 100ml of blood
• 67 milligrams per 100 millilitres of urine. These are.

If convicted of drink driving, the court will impose a minimum disqualification period of 12 months, and your licence will be endorsed. In addition, the court will impose a sentence to reflect the level of culpability and seriousness of the offence. The court can impose a custodial sentence of up to 6 months imprisonment, and if this happens, the court will also extend the period of disqualification.

In cases of subsequent drink driving offences, the Procurator Fiscal can ask the Court for forfeiture of your vehicle.

In charge of a vehicle, when under the influence of drink or drugs

If you are found in charge of a vehicle on a road or public place and are unfit through drink or drugs, you could be found guilty of an offence under section 5(1)(b) of the Road Traffic Act 1988. A charge such as this often occurs where a person is found sleeping in a car and the car is stationary.

A defence to such a charge is that there was no likelihood of driving. To make out this defence, evidence needs to be presented to the court to show that there was no likelihood of driving the vehicle whilst the proportion of alcohol in breath, blood or urine remained likely to exceed the prescribed limit. Cases involving this defence often require expert evidence to show the level of alcohol or drugs at certain times.

If convicted under this section, the court can impose up to a 3 month custodial sentence and up to 10 penalty points on your licence.

Death by driving offences

If you are facing a prosecution involving a death by driving charge, it is important to note the death by driving sentencing guidelines, which came into effect on 16 January 2024. These sentencing guidelines were the first offence guidelines introduced in Scotland.

Although each case involves its own set of facts and circumstances, the guidelines were introduced due to the serious nature of these types of offences and public concern. The guidelines apply to offences of: –

Causing death by dangerous driving (s.1)

Causing death by careless, or inconsiderate, driving (s.2B)

Causing death by driving; unlicensed or uninsured drivers (s.3ZB)

Causing death by driving: disqualified drivers (s.3ZC)

Causing death by careless driving when under the influence of drink or drugs (S.3A)

Such cases can be complex and sensitive in nature. If you find yourself in such a position, contact our Solicitors right away.

Dangerous driving

Dangerous driving is prosecuted under section 2 of the Road Traffic Act 1988.

Section 2 of the Road Traffic Act 1988 states that “a person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.”

Dangerous driving is not to be taken lightly. The manner of driving for dangerous driving is an objective test, and the intention of the driver is not something that is required to be proved by the Crown.

In charges such as this, it is not unusual for the crown to allege the vehicle was driven at excessive speed and that manner of driving caused a collision or injury. Charges such as this often require expert evidence and challenges to the evidence.

If you are facing a charge of dangerous driving, it is important to seek legal advice immediately. It is a serious offence and if convicted, a mandatory minimum disqualification of 12 months must be imposed by the court. This can have significant consequences in instances where your licence is required for work or otherwise.

Careless driving and inconsiderate driving

Careless driving is prosecuted under section 3 of the Road Traffic Act 1988.

Section 3 states, “a person drives 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 place, he is guilty of an offence”.

If convicted, the court can impose between 3 and 9 penalty points on your licence, but the court can consider discretionary disqualification.

Cases involving careless or inconsiderate driving do not require the Crown to prove that the manner of driving was deliberate, but they do need to show that the driving fell short of the standard that is expected of a competent and careful driver.

Using a mobile phone whilst driving

If found to be using a mobile phone whilst driving, you could be facing 6 penalty points and a £200 fine.

If you already have points on your licence, you could be facing ‘totting up’ under section 35 of the Road Traffic Offenders Act 1988.

Totting up is where the court must order you to be disqualified for 12 months unless the court is satisfied that there are grounds to disqualify for less time or not to do so at all. Your licence could be affected in this way through offences such as: –

• Using a mobile phone while driving
• Speeding
• Driving without insurance
• Failure to stop or report an accident
• Driving without due care and attention
• Traffic light violations
• Defective vehicle offences

If your driving offence stems from a collision, our motor insurer liaison service can assist with any win no fee injury or compensation claim, helping you pursue the amount of compensation you deserve.

Speak to a solicitor for driving offences or road traffic accidents today

Whether you’re facing prosecution for driving offences or seeking a solicitor for a road traffic accident, our team can:

• Provide immediate legal advice to protect your licence and livelihood
• Defend you in court for offences from speeding to causing death by dangerous driving
• Liaise with your motor insurer and handle personal injury claims
• Pursue compensation claims on a win no fee basis where appropriate
• Secure interim payments to cover urgent financial needs while your claim is ongoing
• Advise on the likely amount of compensation and the best route to claim compensation

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.