Government proposals to relax the rules relating to traffic flows could see the introduction by many local authorities of the so called “green wave” system for traffic lights.

The system, which works through a series of sensors in the road, would allow traffic travelling at or below the speed limit to trigger a succession of green lights, thus improving traffic flow and reducing motorist frustration at meeting a series of red lights.

Although previously discouraged by the DfT, similar schemes already operate successfully in Amsterdam and Copenhagen where the authorities use them as a means for cutting carbon emissions and traffic noise.

Among supporters of the plans are Boris Johnson, London’s mayor, who believes it will help to reduce bottlenecks in parts of London, and the AA, who have expressed some concerns that it could lead to problems on the side streets that feed into the main roads with some drivers on side roads getting impatient and jumping red lights to join the freer flowing traffic.

Dated: 21 April 2009

There are five separate offences which could result from you driving dangerously or without consideration. These are:

• dangerous driving
• careless and inconsiderate driving
• causing death by dangerous driving
• causing death by careless or inconsiderate driving
• driving without reasonable consideration

If you are facing charges, or the possibility of charges, in respect of any of these then you should contact keepmedriving as soon as possible so that we can advise you as to the most appropriate course of action for you to take.

You need to bear in mind in particular that you could be facing a term in prison, an unlimited fine and disqualification for dangerous driving whilst even careless and inconsiderate driving can lead to a £2,500 fine (more if the government gets its way) and disqualification or the imposition of penalty points. Death by dangerous driving can result in a prison sentence of up to 14 years.

You cannot, therefore, afford to be complacent. For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

Dangerous driving occurs where:

• Your driving falls well below the standard that would be expected of a competent driver
• It would be obvious to a competent and careful driver that your driving would be dangerous
• It would be obvious to a competent and careful driver that driving a vehicle in its current state would be dangerous

Examples of dangerous include:

• Dangerous overtaking
• Racing or driving competitively
• Driving at a speed which is inappropriate given road or traffic conditions
• Persistent or deliberate bad driving
• Driving aggressively or in such a way as to intimidate other drivers, for example cutting into a line of vehicles or driving too close to the vehicle in front
• Deliberately disregarding road signs and traffic lights
• Not paying proper attention (other than momentary lapses of concentration)
• Driving on the pavement, hard shoulder or other places where cars are not intended to be
• Driving whilst in a state (other than under the influence of drugs and alcohol) where you are unfit to drive.

A conviction of dangerous driving carries with it the imposition of between three and eleven penalty points, an automatic disqualification (for a minimum period of 12 months), the likelihood of a serious fine, the possibility of a prison sentence for up to two years (more if the incident results in death). You will also need to retake your driving test.

Keepmedriving can assist you by defending the charge or by mitigating on your behalf to reduce the severity of the sentence.

If you have been charged with dangerous driving then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

This could be particularly important in terms of your liberty. Although the charge of dangerous driving carries a custodial sentence, s 24 of the Road Traffic Offenders Act 1988 allows a jury to conclude that the driving was careless rather dangerous. Where appropriate, therefore, we can make a submission to the court asking that the jury be given such a direction.

Where the dangerous driving in which you were engaged leads to the death of another person – whether pedestrian, other driver or a person in the vehicle you are driving, then you will become subject to the more serious offence of causing death by dangerous driving. It is essential that you have the best representation which you can get for this and that those representing you have the confidence and knowledge to represent you in the Crown Court.

You will potentially be facing not only a disqualification of at least two years and between 3 and 11 penalty points but also the possibility of a term of imprisonment for up to fourteen years. You cannot, therefore, afford to take any chances.

Keepmedriving and Richard Nelson Solicitors have extensive experience of cases before the Crown Court and can assist you at all stages – from the very outset when the police first become involved, right through to sentencing and appeal. We will look carefully at the prosecution evidence and advise you as to its relative merits and weaknesses and will advise you frankly about the chances of your successfully defending the allegation. In the event that you are unable to do so we can advise you fully on how to present the best possible mitigation.

If you have been charged with causing death by dangerous driving then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

Introduced by section 20 of the Road Safety Act 2006 and coming into effect on 18th August 2008, the new offence of causing death by careless or inconsiderate driving has filled a gap in the law. Previously, in most cases where neither drink or drugs were involved, only the offence of causing death by dangerous driving could be charged where a fatal accident had occurred.

A degree of controversy surrounds the new law in that it only provides for a maximum penalty of five years imprisonment, with the option for the court to order mandatory disqualification as well as an unlimited fine. Road safety groups have attacked the law on the grounds that it will be possible for a person to cause death but not be imprisoned for doing so. The government have defended their position by pointing out that often a death can occur from a minor error of driving judgment – the sort of error that anyone could make. In those circumstances it would be wrong to imprison a person, although if there are factors which increase the level of responsibility for the accident which occurred then clearly the imprisonment sanctions are there.

The kind of situations which could lead to a charge of death by careless driving would be where, for example, the driver had:

• looked down at a map,
• unwrapped food,
• taken a drink from a can or bottle,
• retuned the radio, or
• turned to talk to a passenger,

and death had resulted in that moment.

It would not cover those situations where the driver had, for example, caused death whilst using a mobile phone which would still rank as dangerous driving and attract a maximum penalty of 14 years imprisonment.

If you have been charged with death by careless driving then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

Careless driving (or driving without due care and attention) is defined as any driving which falls below the standard that a competent and careful driver would expect and takes two forms:

• Driving without due care and attention, and
• Driving without reasonable consideration for other road users.

It is vital that if you have been charged with driving without due care that you receive expert advice as soon as possible. Keepmedriving can provide you with that advice.

Charges of driving without due care and attention can arise from a number of circumstances, including where for example you have been involved in an accident because you were not being sufficiently careful at the time. This could be, for example, because you were eating whilst driving, changing the station on the car radio or turning to speak to another passenger in the car and as a result not paying sufficiently close attention to the road itself.

Other examples of what constitutes careless driving include:

• overtaking on the inside;
• reading a map whilst driving;
• driving too close to the vehicle in front;
• driving through a red light;
• emerging from a side road into the path of an oncoming vehicle; or
• lighting a cigarette;

Careless driving carries a far lesser penalty than dangerous driving. It does not carry a custodial sentence and could instead result in between three and nine penalty points, disqualification and a fine. However, this is still likely to have an effect upon your lifestyle during any period of disqualification and will almost certainly result in higher insurance premiums.

Being able to offer an explanation as to why an accident occurred is important. If the police can show that there was, for example, a collision then there will be very strong assumption that you were driving below the standard of a competent and careful driver. If, therefore, you are unable to offer an explanation as to why the collision happened, then the court may decide that you were driving carelessly.

It may also be possible to make representations to the Crown Prosecution Service for you to be offered a driver improvement programme instead of proceeding with the prosecution against you. keepmedriving can assist you with putting forward this proposal.

There is now also an offence of death by careless or inconsiderate driving. This has been introduced by the Road Safety Act 2006, and is intended to address those situations where death results from a fairly minor error of judgment – for example one that would not normally attract a finding of dangerous driving. Drivers need to be aware of this new provision, in particular because unlike the existing offence of careless driving which is not imprisonable, the new offence can attract a prison sentence of up to 5 years.

If you have been charged with careless driving then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

If because of the way you are driving you are regarded as having inconvenienced others then you may be charged with driving without reasonable consideration.

The penalties for this offence are the same as they would be for driving without due care and attention.

In order for it to be shown that you have driven without reasonable consideration, however, it is necessary to show that someone else (either another driver or a pedestrian) has actually been inconvenienced by your driving. This is a more difficult test than in relation to careless driving where it would not be necessary to show that any other person was inconvenienced

For it to be appropriate for you to be charged with this offence it must be shown that your driving amounts to a clear act of incompetence, selfishness, impatience or aggressiveness and that this has caused inconvenience to other road users – for example by forcing them to move out of the way of your vehicle, brake or take other avoidance action.

Examples of what would be regarded as inconsiderate driving include:

• flashing your lights so that the driver in front will pull over;
• misuse of an inside lane, hard shoulder or parking areas so as to get ahead of a queue;
• remaining in an overtaking lane when no longer overtaking;
• driving too slowly or breaking unnecessarily;
• dazzlingoncoming drivers by inappropriate use of full beam; and
• splashing pedestrians by driving through puddles;

If you have been charged with driving without reasonable consideration then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

The law places a number of duties upon those who drive and if these are not observed they can lead to an offence being committed.

The most common example of a failure on your part as a driver which could lead to you having committed an offence is a failure to observe road signs. The fact that you did not commit the offence deliberately, or that you did not, for example, notice the sign, will not be a defence unless the sign in question was obscured and therefore not visible to you. Similar offences are failure to observe traffic signals or instructions from a police officer directing traffic.

Whilst penalties for failure to observe traffic signs are usually light, other failures, such as failure to report an accident or failure to provide a specimen of your breath can result in far more serious consequences.

If you have been charged with any of these offences then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804

It is an offence to:

• drive, or attempt to drive, a motor vehicle whilst over the permitted limit or whilst unfit through drink or drugs
• be in charge of a vehicle whilst over the permitted limit or
• fail to provide a specimen if you have been stopped by the police because it is reasonably believed that you are under the influence

If you have been charged with any of these offences you should contact keepmedrivingas soon as possible We can provide you with guidance as to the options open to you and help you to make the right choice in dealing with the charges against you – whether that be fighting the charges brought or simply helping you to reduce the level of the penalties to which you are subject.

Remember, even though you may not think that you have a defence that does not mean that you need to give up hope. This is an extremely complex area of the law and it is not unheard of for the police to make mistakes in terms of procedures and the law. This may be enough for the matter either not to proceed to court or, if it is, that it is then thrown out – and in any event it is often worth taking some preliminary steps if only to increase the chances of the penalties being less severe.

If you would like to discuss this with someone then please contact keepmedriving by completing the appropriate online information form which you will find in the Getting Help section, requesting a free, no obligation call-back using the call-back form to the right or phoning us during office hours on 084 4804 4804

Offence of drinking and driving

It is an offence for you to drive – or even attempt to drive – a motor vehicle when you are unfit to do so as a result of consuming drink or drugs. S5 of the Road Traffic Act 1988 specifically provides that you will be guilty of an offence if you either:

• drive or attempts to drive a motor vehicle on a road or other public place, or
• are in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in your breath, blood or urine exceeds the prescribed limit.

The current limits are:

• 35 micrograms of alcohol in 100 ml of breath
• 80 milligrammes of alcohol in 100 ml of blood
• 107 milligrammes of alcohol in 100 ml of urine

Providing a specimen of breath

If a police officer reasonably suspects that you are driving with excess alcohol then you can be asked to perform a roadside breath test. If this gives a positive reading, or if you refuse to give a breath specimen, then you will be arrested and taken to a police station where you will be required to take a further test to find out how much alcohol is in your body. Note that you cannot insist upon taking legal advice before you take the test and if you do insist then this in itself may be seen as a refusal to provide a specimen.

The police must follow strict procedures when conducting a breath test and must have two specimens of your breath which, when analysed, exceed 35 micrograms of alcohol in 100 millilitres of breath. In the event that both specimens exceed 50 micrograms of alcohol, it is likely that the police will simply go ahead and charge you with the offence and you will be bailed to attend Court at a later date.

However, if both readings do not indicate that you have more than 50 milligrams of alcohol in your breath then a secondary test will need to take place. In this case the sample of blood or urine will need to be sent off for further tests so you will be bailed to return to the police station at a later date.

Indeed, if the result of the test shows that you have between 40 and 50 micrograms in breath, you can ask for a blood or urine specimen to be taken to check the accuracy of the machine and you will probably be better doing this anyway because the delay which this causes may mean that the level of alcohol in your body will have dropped sufficiently.

Penalty for drink driving

In the event that you are found guilty then you face a minimum of 12 months disqualification and a fine of up to £5000. The maximum penalty is an unlimited ban and/or imprisonment for up to 6 months.

It is vital therefore that you contact keepmedrivingat the first opportunity so that we can start to take the necessary action to examine the procedural steps taken by the police and to ascertain whether we can find reasons for the matter to be withdrawn or so that an appropriate defence or mitigation can be mounted.

Special Reasons

Remember, this is a complex area of the law and you may have a defence or be able to argue special reasons as to why you should not be disqualified.

It is possible for you to avoid being disqualified after pleading guilty to an offence of drink driving and that is for you to argue what is known as special reasons.

Special reasons are those which relate directly to the offence that has been committed and not to you as the offender. Thus it is not possible to argue that a loss of your license will cause hardship to you or others.

However, anything which relates to the offence can be used as a special reason. Reasons which have been held to amount to special reasons include:

1. shortness of distance driven;
2. unintentional commission of the offence (i.e. laced drinks);
3. emergencies.

You should be aware, however, that special reasons are notoriously difficult to establish and the burden of proof is always on you to establish them. The specialist solicitors at keepmedriving can guide you through this difficult process and if the magistrates agree that there was a special reason, they may use their discretion to allow you to retain your driving licence as opposed to imposing a disqualification.

Mitigation

Even if there is no defence which we can run, you may still be able to mount a mitigation which could reduce not only the period of disqualification but also the other penalties which could be imposed and keepmedriving can assist you with this.

If you would like to discuss this with one of our solicitors then please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, requesting a free call-back using the call-back form to the right or phoning us during office hours on 084 4804 4804

Learn more about Drink Driving at:

Wikipedia (http://en.wikipedia.org/wiki/Driving_under_the_influence)