Voluntary interviews with the police

Whilst many driving offences can be dealt with by means of a fixed penalty notice, where the matter is more serious you may find that you are asked by the police to attend a police station for a voluntary interview. If this is the case you should contact keepmedriving immediately so that we can discuss with you your options and the outcomes which may arise from doing so. It is likely that you will feel under pressure to attend the police station merely because the police have asked you to do so. You may not need to do so, however, and if you refuse the police will be unable to arrest you and therefore unable to interview you. keepmedriving can advise you as to whether this is the case.

In many cases, interviews with the police can lead to admissions being made from which prosecutions follow. The pressure of being in a police station and being interviewed is often enough for many people to admit to matters which were not necessarily entirley the case. If an interview with the police does not take place then the opportunity for that admission does not arise. Even if you do decide that an interview is the best way forward, you may still be better off having some form of legal representation at the interview. Again keepmedriving can advise you with regard to this.

What do I do if I am arrested

In very serious cases you may be arrested. This may, however, merely be on suspicion of committing an offence and the police must still prove it before they can charge you. You will probably be cautioned and arrested on suspicion of committing a crime and taken to the nearest police station. There, you will be interviewed and, if there is sufficient evidence or if you admit to the offence, then and only then will you be charged. We would strongly urge that you contact keepmedriving at the first available opportunity so that we can discuss this matter with you. You can contact us 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

The usual procedure is that, having been taken to the nearest police station, you will be brought to the attention of the duty officer who decides upon the action the police will take. If the duty officer feels there are grounds to continue with the arrest then you will be informed of the offence you are on suspicion of having committed and you will be asked if you require legal representation. If you do want to be represented then you will need to supply the police with name of your solicitor and how that solicitor can be contacted. If you chose to be legally represented then you can decline to be interviewed until your representative is able to be present, but if you decide to do without representation you can be interviewed straight away.

If you have chosen to have legal representation then we will normally discuss with you the facts leading up to your arrest and find out how you want to proceed. You may choose to admit to being guilty of the offence or you may dispute the allegations. In either case we will help you in making that decision known to the police and we will then remain with you for the interview. This will take place under caution and will be both recorded on tape and written down. At the end of the interview we will ask for copies of the tape and of the written statement so that if appropriate we can help you to prepare a case for court.

Following the interview, if you are charged or you have admitted to the offence then keepmedriving will request that you be released on police bail. In most cases this will be agreed to, although if the police have suffiucient grounds to believe that you may abscond, fail to turn up for court or commit a similar offence whilst on bail, then they may refuse to grant bail. In this case you will then have to remain in police custody until you can be brought before the court.

Arrest of a relative or friend

If a member of your family, or a friend has been arrested for a motoring offence they may contact you and ask you to arrange a specialist solicitor to represent them. If this the case, then keepmedriving can contact the police, obtain details of the allegations and speak with the detained person with a view to either attending the police station or giving them advice over the telephone.

We are aware that where a person is detained in custody this can be a stressful time for the person waiting at home. For this reason we will be able to liaise with the person at home giving them up to date information as to what is happening (subject, of course, to the detained person’s authority).

Going to Court

Even if you have decided not to be legally represented at the interview, we would still advise you to contact keepmedriving to discuss your case before you go to court. It is possible that even though you have admitted to the offence at the police station, that procedural matters were not observed by the police or that you were not aware of all of the facts prior to the interview being carried out. In certain limited circumstances you may even be entitled to free legal representation and we can discuss this with you. Even if you are not entitled to free representation it could still be in your interest to obtain legal advice before going to court and in certain circumstances we may be able to write to the Court on your behalf dealing with particular issues.

For more information 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 on 02920 647 513

There are two situations in which you may wish to apply for the return of your licence:

• where you wish to have your licence returned prior to the end of the disqualification; and
• when your period of disqualification has come to an end.

Applying for an early return of your licence

Where you have been disqualified it is possible to apply for the early return of your licence. keepmedrivingwill be happy to advise you in relation to this

Normally, an application can be made only where there was no order that you pass an extended re-test before having your licence returned. The application can be made where at least:

• 2 years have been served of a disqualification for 4 years or less; or
• half of the disqualification has been served in relation to disqualifications of between 4 and 10 years; or
• 5 years has been served of a disqualification of more than 10 years.

In all cases the court will look at each case on its own merits. If you want to make such an application, then complete the appropriate online information form which you will find in the Getting Help section, request a free, no obligation call-back using the call-back form to the right or phone us during office hours on 084 4804 4804

Disqualification period ended

When your period of disqualification has come to an end you can reapply to the Driver and Vehicle Licensing Agency (DVLA) for your licence to be reinstated. You will need to fill out the correct forms to do this. These will either be sent to you 56 days before your disqualification ends or, if the form is not received or you lose the form, you can use a D1 application form which you can obtain from the DVLA’s website or from your local post office.

If you hold a photocard driving licence you will need to complete a D27P application form which should be submitted 56 days before the end of disqualification period. This must sent together with the appropriate fee. Unless there is a need for a new photograph you will not need to enclose any identification or photograph with the form.

If, however, you hold a paper driving licence then you will need to submit not only the D27P form and fee but also documentation to confirm your identity and a passport style photograph. If you wish you may use the premium checking service whihc the Post Office provide, rather than simply posting the papwers to the DVLA.

If you have changed your name since the issue of your last licence then you will need to complete both a D1 application form and the D27 and in addition to the forms and the fee you will need to send original documentation confirming your change of name.

DVLA aim to deliver your driving licence to you within three weeks of receiving your application – slightly longer if personal or health details need to be checked. Health checks will be necessary if, for example, you were disqulaiifed for some alcohol related offences.

In certain circumstances, depending on the nature of the disqualification, you may need to re-take your driving test. If this is the case you can apply for a provisional driver’s licence until such time as the test is retaken, but this will be subject to the same limitations as any provisional licence and the licence itself will show any endorsements you have received.

If you require further information about this you can obtain this from the DVLA’s website or by contacting them direct on 0870 240 0009.

Many motoring offences are punishable by the endorsement of penalty points on your driving licence. If you receive 12 or more penalty points in a 3 year period then it is likely that you will be disqualified from driving for a minimum of 6 months. This disqualification is often known as a ban under the “totting-up” provisions.

The minimum periods for disqualification are as follows:

• If no previous disqualifications – at least 6 months
• If one previous disqualification of at least 56 days in the 3 years immediately prior to the commission of the last offence – at least 12 months
• If more than one previous disqualification of at least 56 days in the 3 years immediately prior to the commission of the last offence – at least 24 months

However, although these are the minimum periods which may be imposed, there are ways in which a disqualification can be avoided or, at the least, reduced in terms of the length of the ban. If you are able to show that Exceptional Hardship will be caused by the disqualification then it is possible that the court will not order a disqualification or reduce its length. You should therefore contact keepmedriving as a matter of urgency if there is the possibility that you will be facing a ban so that we can advise you as to your best course of action.

For the exceptional hardship argument to succeed you must, as the name implies, show that the hardship which you will suffer is more than just that which anyone losing their licence would have incurred.

It is always worth contacting keepmedriving in any event to see if you have a potential exceptional hardship argument because, even if your circumstances are not accepted by the court as being exceptional hardship, you will still only receive the ban which you would have received had you not put forward the arguments.

Finally, however, it is worth bearing in mind that even if you receive a “totting-up” disqualification one advantage is that your driving licence will be wiped clean of all the points that you have so far accrued. However, the disadvantage is that clearly you will be unable to drive for a period of at least 6 months.

For more advice relating to the application of totting up provisions, complete the appropriate online information form which you will find in the Getting Help section, request a free, no obligation call-back using the call-back form to the right or phone us during office hours on 084 4804 4804

If you suffer, or have suffered from, a medical condition or disability which could affect your driving then it is essential that you notify the Driver and Vehicle Licensing Agency (DVLA) of this condition immediately. They will also need to be advised if the condition or disability becomes worse since your licence was issued. Failing to do so is a criminal offence and you could face a fine of up to £1000.

If you have been summonsed to appear before a Magistrates Court as a result of failing to notify the DVLA, you should contact keepmedrivingto discuss your matter.

Voluntary surrender of your driving licence

You have been informed by your doctor that, in the light of your medical condition or disability, you should not attempt to drive a motor vehicle. If this is the case then you may wish to consider surrendering your driving licence to the DVLA since this will remove the need for the DVLA formally to enquire into your fitness to drive. Forms for surrendering your driving licence can be obtained from the DVLA.

If, following the surrender of your licence, you decide that you wish to reapply for your licence, then, and only then, will medical enquiries need to be made. However, as soon as your application is received at the DVLA, and whilst these enquiries are being undertaken, you are entitled by virtue of Section 88 of the Road Traffic Act, 1988 to resume driving, provided:

• a valid application is held at the DVLA
• you have not been, nor would be, refused a driving licence for medical reasons and from a mkedical perspective you are fit to drive. Your doctor will be able to advise you about this.
• you have held a GB or Northern Ireland licence issued since 1 January 1976 or another exchangeable licence
• you keep to any special conditions which may apply to you, and to your licence, and
• you are not disqualified from driving.

Applying to keep a licence despite a medical condition

If you have a medical condition or disability which may prevent you from being able to drive but you wish to continue driving then you will need to notify the DVLA of this on the appropriate form. The form will depend upon your condition – thus for example if you have a heart condition you will complete a foirm H1 whereas if you have had a stroke or brain surgery you will complete a form B1. All of these forms are available from the DVLA.

Once you have informed the DVLA of any medical condition the medical advisor to the DVLA may request permission to review your medical notes or may request a consultation with you or ask that you sit through a further assessment. After considering your case, the DVLA will inform you of their decision and this could be one of 4 possible outcomes:

• the DVLA could allow you to keep your licence, or issue a new one if applicable;
• the DVLA could give you a licence for between 1 and 3 years if the DVLA medical advisor decides your health will need to be reviewed periodically;
• the DVLA could grant a licence which specifically requires you to drive a specially modified vehicle to enable you to overcome the effects of any physical disability; or
• the DVLA could withdraw your licence or turn down your application for a licence or renewal.

If you are not granted a licence or your licence is withdrawn, you have a right to appeal the decision of the DVLA to the Magistrates Court. If you find yourself in this position, you should contact one of our solicitors at keepmedrivingso that we can make the necessary application on your behalf.