Consequences of Driving Offences

The most dangerous thing most of us do on a daily basis, is drive.  Yet for most of us we simply take it for granted as something that we cannot imagine not being able to do.  For this reason, it is vital that you take any correspondence that you receive about any driving offence seriously and deal with it within the time scale requested.  You must also ensure that your address details are always up to date, as if you move, and do not update the DVLA, post will be sent elsewhere and can result in proceedings going ahead without your knowledge.  I have dealt with people who have been disqualified from driving for years without knowing.

How often do I hear “ I have a mate who knows all the loopholes about driving cases and always gets off” to “ I have googled it and there is a forum which says you should do…….”  Do not Google.  Do not muddle through.  Get an expert – this is where we can help you.

Some cases are very straightforward like speeding matters or red light offences which almost always result in a driver awareness course or a fixed penalty notice.

However, if you are suspected of driving at a very high speed or already have a number of points on your licence then it is vital that you take advice from an expert at the outset as you would be surprised how complicated things get.  Could you afford to lose your licence for 6 months?  What would happen to your job or business if you were to be banned?

It is even more important as a new driver.  Did you know that if you have been driving under 2 years the new driver provisions apply and only 6 points mean that you have to retake both your theory and practical test again?  In “normal” times this is a problem, but with the COVID 19 backlog, you could be waiting months before you were able to redo your test and you would not be able to drive in the meantime.  

In addition to straight forward matters, you could face allegations of drink or drug driving.  These will almost inevitably result in a driving ban but it is always worth getting advice as to whether the correct procedures have been followed or whether there was a reason why you drove on the date in question, for example, an emergency situation.  Such legal arguments whilst rare, do exist,  so it is always worth speaking to an expert.

A split-second decision made whilst driving often results in far more serious matters, like causing death or serious injury by dangerous driving or causing death by careless driving.  These offences can result in a prison sentence so need to be taken seriously from the outset. 

There is, of course, such a thing as an accident, but when death or serious injury is involved it is inevitable that the police will have to investigate the matter which will mean you are likely to be asked to attend a police interview under Caution.  You may even be arrested at the scene.

Always ask for advice from a solicitor at police interview stage.  Just ask for ZMS when you are arrested or asked to attend for a voluntary interview, and we can help.  All advice at the police station is free whatever your income so you have nothing to lose. 

You can ask for the duty solicitor but they may or may not be an expert at motoring law.  It is best to have a number for an expert in your phone, but the police have our details and we are available 24 hours a day so just ask for us.

Can you imagine your life without being able to drive? No? Then please seek expert help from ZMS solicitors specialist motoring team.

Written by our Consultant Solicitor Advocate, Imogen Cox.