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Browsing » FAQs

I have been to Court and I am not happy with my conviction/sentence, is there anything I can do?

I have been to Court and I am not happy with my conviction/sentence, is there anything I can do?

If you have been convicted/sentenced in the Magistrates Court, you may be able to appeal to the Crown Court to see if you can have your conviction overturned or your sentence reduced.

If I drive through a red light in an emergency, is this still an offence?

If I drive through a red light in an emergency, is this still an offence?

Technically yes, as the only people allowed to drive through red lights are the emergency services.

Can the police carry out random breath tests?

Can the police carry out random breath tests?

No, random breath tests cannot be carried out by the police. However, they are permitted to stop a driver without needing to give an explanation and then carry out a breath test .

Am I allowed to use satellite navigation equipment or other GPS devices?

Am I allowed to use satellite navigation equipment or other GPS devices?

Yes, provided that they are not hand–held communication devices. Devices other than mobile phones are only prohibited if they provide communication facilities by sending and receiving data.

Am I allowed to use a hand–held mobile phone if I am stationary in a traffic jam?

Am I allowed to use a hand–held mobile phone if I am stationary in a traffic jam?

The simple answer to this is that no you are not. The definition of driving includes those occasions when the vehicle is temporarily not moving – for example in a traffic jam or at traffic lights.

What if I am unable to say with any certainty who was driving my vehicle on a particular day?

What if I am unable to say with any certainty who was driving my vehicle on a particular day?

Under s.172 of the Road Traffic Act, it is an offence for a registered keeper not to provide the identity of a driver where a lawful request has been made by the police.

Is it a breach of my human rights for the police to insist that I give details of a driver who has been caught speeding?

Is it a breach of my human rights for the police to insist that I give details of a driver who has been caught speeding?

No. The law requiring registered keepers to provide details of who was driving a car has been challenged.

I was speeding because there was an emergency. Can I use that as a defence?

I was speeding because there was an emergency. Can I use that as a defence?

Usually the only time that this can be relied upon as a defence is where the person in question was driving an emergency vehicle and it could be shown that in the circumstances there was no option but to travel at a speed in excess of that for the road in question.

Will I automatically be disqualified if caught driving at over 100 mph on the motorway?

Will I automatically be disqualified if caught driving at over 100 mph on the motorway?

Normally you will run the risk of a disqualification if the speed at which you were driving was more than 30 mph over the limit for that road. Since the maximum allowed speed in this country is 70 mph then you are likely to face the prospect of a disqualification.