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. There is a strict deadline on appealing the Crown Court, so you should contact us immediately if you would like advice as to whether or not you can appeal.

If you have been convicted/sentenced in the Crown Court, there are circumstances when you can appeal to the Court of Appeal. Again there is a strict deadline on making applications of this nature so you should contact us without delay if you would like advice on how to proceed.

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. If you were driving through a red light in a genuine emergency, this may be a special reason not to endorse with penalty points.

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 if having done so the police officer suspects that that the driver has been drinking, then that officer is entitled to carry out a breath test can be demanded. Note that the police officer does not have to be able to prove that their suspicion was correct.

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. A device which does not do this can be used without breaching the regulations.

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. However, if the stoppage is a lengthy one – for example because the road is temporarily closed or there is no chance of traffic moving imminently and you have switched off your engine, then you may be able to use a hand-held device safely.

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. The defence is that the registered keeper took all reasonable steps to establish the identity of the driver. In the case of a company being a registered keeper, the burden is much more onerous as it is incumbent upon a company to keep records of who was driving particular vehicles every day. If you find yourself being prosecuted for an offence under this section, it is essential that you contact us, as we may be able to assist you in the preparation of your defence.

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. This was on the basis that it breached a persons right to a fair trial since it infringes a person right not to incriminate themselves, especially where the information has been requested without the registered keeper being cautioned. However, the European Courts have recently decided the case of O’Halloran & Francis v UK which confirmed that the requirements to disclose the identity of the driver did not amount to a breach of an individuals human rights.

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.

However, if there was a genuine reason why you were breaking the speed limit, for example because of an emergency or because someone in the car was ill and needed to be taken for medical treatment, then, although the offence would have been committed, these circumstances may be regarded as mitigating circumstances and the Court may be able to use its discretion and reduce the punishment for the offence. If such circumstances do exist and you wish to use them as mitigation, then you will not be able to accept a Fixed Penalty and will need to attend court. We would recommend that you contact us at keepmedriving so that we can provide you with the appropriate advice.

Will I automatically be disqualified if I am caught driving at more than 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. Although many speeding offences are dealt with by means of a Fixed Penalty Notice, at speeds of this level you are going to need to face a court appearance.

However, the decision as to whether to disqualify you lies with the court and it is possible that with the right mitigation a disqualification may be able to be avoided. We would recommend that you contact keepmedriving as matter of urgency in order that we can provide you with the appropriate advice.