What is a Single Justice Procedure Notice?

What is a Single Justice Procedure Notice?

A single justice procedure notice is a notice which is sent by post under a relatively new kind of Magistrates’ Court procedure.  It is only used in relation to non-imprisonable offences such as speeding, failing to provide the driver’s details, driving without due...
Notices of Intended Prosecution (NIPs)

Notices of Intended Prosecution (NIPs)

Have you received a Notice of Intended Prosecution? If you have received a notice of intended prosecution you may be wondering what it is,  read on. The law (Section 1 of the Road Traffic Offenders Act 1988) requires that, for a person to be convicted of certain road...
How to save your Driving Licence even with 12 penalty points

How to save your Driving Licence even with 12 penalty points

The question I am asked most frequently by my ‘totter’ clients is,  ‘will the court disqualify me?’ Loss of driving licence is, for many of us, nothing short of a catastrophe.  This point was brought home to me once when I received an email from a client informing me...
Speeding at 127 mph

Speeding at 127 mph

Speeding at 127mph, surely this Defendant would lose his licence? Recently I advised a client who had been clocked Speeding at 127mph!  He was concerned that as he had been caught speeding at over 100 mph he would lose his licence and therefore his employment.   He...
BBC Kent Radio Drivetime Interview

BBC Kent Radio Drivetime Interview

In this recording, Sunil Rupasinha is in conversation with Dominic King on his BBC Radio Kent Drivetime show. The topics under discussion are wide-ranging and include; defending motorists who plead guilty to road traffic offences such as speeding and drink driving,...
Special Reasons in Driving without Insurance Cases

Special Reasons in Driving without Insurance Cases

The Penalty for driving without insurance If you are convicted of this offence you can be sentenced by way of a fine (unlimited) as well as a disqualification from driving.  If you avoid a disqualification your driving licence will be endorsed with between 6 – 8...
Ant McPartlin charged with drink driving

Ant McPartlin charged with drink driving

What penalties might he face for drink driving? Drinking and driving, why you shouldn’t have ‘one more for the road’… If Ant McPartlin is convicted of drinking and driving the penalties imposed could be severe.  Depending upon the concentration of alcohol found to be...
Guilty or Not Guilty of Careless Driving?

Guilty or Not Guilty of Careless Driving?

What is the trial procedure if you accused of driving without due care and attention? How to avoid conviction. Firstly one must understand how the offence is defined. Section 3 of the Road Traffic Act, 1988, states that driving ‘a mechanically propelled vehicle on a...
Are you insured to drive Company Vehicles?

Are you insured to drive Company Vehicles?

My employer asked me to drive.  If I am stopped by the police, do I have a defence to driving without insurance?     Is there a defence to the allegation? Yes, the most obvious of which is that the use of the vehicle was insured.  However, ignorance of lack of cover...
What are the penalties for Drinking and Driving?

What are the penalties for Drinking and Driving?

Drinking and driving, why you shouldn’t have ‘one more for the road’… For anyone convicted of drinking and driving the penalties imposed could be severe.  Depending upon the concentration of alcohol found to be in the driver’s breath, blood or urine, they could...
Motor Offences   –   Telephone Enquiries and the Law

Motor Offences – Telephone Enquiries and the Law

If you have received a notice of intention to prosecute there will be a requirement to provide details of the driver.  But what if the driver wasn’t you or worse still what if you know the driver is disqualified? We received an enquiry last week from an...
Early return of Driving Licence following a disqualification

Early return of Driving Licence following a disqualification

Did you know that you can apply for the early return of your licence following a disqualification?  If you have been banned from driving by a court for more than 2 years you can apply for the return of your licence after a certain period has elapsed (this period...
Should I instruct a solicitor or a barrister?

Should I instruct a solicitor or a barrister?

Have you been accused of a motoring offence?   If you have been accused of a motoring offence, who do you go to for specialist legal advice a solicitor or a barrister? Until relatively recently the public could only engage the services of a barrister by instructing a...
BBC Radio Kent Interview

BBC Radio Kent Interview

The interview was wide-ranging covering such disparate topics as parking applications to nuclear proliferation on the Korean peninsula. To Contact Sunil Complete The Form Below Name Email Address Message Telephone Number 7 + 2 =...
Take care of your driving licence

Take care of your driving licence

This Christmas don’t fall foul of the road traffic laws as the costs of a motoring conviction may be more hard-hitting and wide-ranging than you think. Unless of course, you can afford a chauffeur. It’s approaching Yuletide and we all like nothing more than to partake...
Driving without due care and attention

Driving without due care and attention

Careless driving, you are probably ‘Guilty’ of this more often than you realise. Definition: S3 of the Road Traffic Act 1988 creates the offence of driving without due care and attention or without reasonable consideration also known as careless driving.  A person is...
Caught speeding at a grossly excessive speed?

Caught speeding at a grossly excessive speed?

What can I do If I have been caught driving well above the speed limit? If you have been caught driving well in excess of the speed limit there are certain things that you can do to minimise the length of a ban and in certain circumstances avoid a driving ban...
Committed a road traffic offence?  Do you need a lawyer?

Committed a road traffic offence? Do you need a lawyer?

Road Traffic Offences and Instructing a Specialist Lawyer There are road traffic offences in which there is no need to instruct a lawyer.  The most obvious ones are perhaps those cases involving fixed penalties for speeding or parking when the defendant knows he is...
The New Drug Drive Law

The New Drug Drive Law

New Drug Driving Laws In Force With effect from Monday, 2nd March, 2015, under the new drug driving law, it has become an offence to drive, attempt to drive or to be in charge of a vehicle on a road or other public place when there is a specified controlled drug in...