Road Traffic Law

This area of the site is designed and developed to provide with guidance on the common areas of road traffic law. However, none of the information provided on this site should be taken as legal advice and should not be relied upon without expert guidance from DH Reynolds.


Speeding

Speeding is one of the most common offences committed by drivers and few would deny speeding at some time in their driving history! Speeding is dangerous and illegal and because of the high number of fatal and serious accidents, thousands of speed cameras now operate throughout England and Wales.

The offence of exceeding the speed limit is dealt with by Section 89 of the Road Traffic Regulations Act 1984. There are always stories about defending a speeding fine on the basis of lack of or incorrect signs, but beware. It is not always that simple and the Road Traffic Act deals with situations where signs are not required, where street lighting will be your guide for example.

Avoiding Speeding Fines

There are certainly defences to speeding allegations as well as many points that the prosecution will have to prove beyond all reasonable doubt. It is important to seek expert advice regarding your case and possible defences. Also, there are set procedures that the police have to follow when using speed detection devices, so again asking an expert to consider this is recommended.

Contact DH Reynolds now via the Get Advice link to the right of this site.


Drink Driving

It is an offence to drive a vehicle when under the influence of drink or drugs. This is one of the most serious and most common of driving offences. On being found guilty there is a mandatory driving disqualification lasting a minimum of twelve months.

There are very limited pleadings that can be made to try and prevent a driving being imposed, but you should seek expert advice about these. Defences are available but are narrow and expert advice and representation is paramount.

The police have powers to stop your vehicle and require you to produce a specimen of breath. The result of this roadside analysis will determine whether you are arrested and transported to a police station for further analysis on an intoximeter. The lower of two readings are taken from the intoximeter and will determine whether you are charged with the offence.

The legal limit is 35 micrograms per 100 millilitres of breath, but should you produce a reading of between 40 and 50 micrograms, the police are obliged to offer a blood specimen test. If the result of the blood reading is 80 micrograms or more you will be charged with the offence.

The seriousness and consequence of losing your licence by being convicted of drink driving means that it is very important to seek expert advice.

Contact DH Reynolds now via the Get Advice link to the right of this site.


Failing to stop after an accident and failing to report an accident

These are fairly common offences and it is important to understand what the law says about the obligations of the driver when involved in an accident. This offence is serious and carries a heavy penalty.

The driver of a vehicle involved in an accident involving damage to property or injury to a person must stop and provide information to anyone who has reasonable cause to request it. The driver must provide their name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle.

Most drivers will know when they have been involved in an accident so don't be tempted to pretend you were unaware. However, there are some qualifications that may assist a defence or cast doubt upon whether the offence has been carried out.

For example, the law states that the driver has to wait a reasonable time in order to provide details to those that request it. You are not therefore required to wait for hours until you are approached, neither can you wait one minute and resume you journey! There are defences to this offence and each case will depend upon the facts, therefore seek expert advice.

Contact DH Reynolds now via the Get Advice link to the right of this site.


Failing to report

Should you not stop and provide your details at the scene of an accident then the law still requires you to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours.

Be careful though as the law is not giving you the option of continuing or resuming your journey and reporting the accident later! You must report the accident as soon as is practicable. These offences are serious and a driving ban can be imposed. It is important to seek expert advice as soon as possible.

Contact DH Reynolds now via the Get Advice link to the right of this site.


Driving without due care and attention

Driving without due care and attention is dealt with by Section 3 of the Road Traffic Act 1988. This creates an offence where 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 public place.

The law does not define what driving without due care and attention actually is, so each case will be viewed on its own facts. Essentially it must be proven that a driver was not exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances.

Due to the nature of the objective test in this offence it is important to seek an expert opinion. There are defences to the offence and it is important to establish very quickly (when the police initially talk to you) if the standard of driving was caused by a mechanical defect. In any case, seek guidance from an expert.

Contact DH Reynolds now via the Get Advice link to the right of this site.


Dangerous Driving

This is a very serious offence and the consequences of a conviction could be a prison sentence and a disqualification from driving for at least twelve months.

The standard of your driving would need to be a standard that fell well below that of the careful and considerate driver. Due to the very serious nature of this offence and the consequences of a conviction, expert advice and representation is required.

Contact DH Reynolds now via the Get Advice link to the right of this site.