Motoring Offences 101: 4 Top FAQs You Should be Aware Of
If you get caught up in the middle of the road with a motoring offense you’re not aware of, the first thing that you must do is to calm yourself. Talk with the authority calmly and behave yourself so you’ll not get the additional offense on top of the violation you previously get.
FAQ #1: What to Do If You Receive a Notice From the Police?
Contact your motoring offence solicitor immediately, and speak them about the issues and your concerns regarding the Notice. Do not sign or complete any paperwork to the police without proper instruction from your solicitor. Your solicitor will take a look and study your Notice first and will make sure that it’ll comply with the legal procedures needed according to the law.
Your solicitor will advise you on when to complete or not any paperwork that needs to send back to the police, if necessary. There are technical defenses that may vary depending on the process that has given to you by the police. So always speak first to a lawyer or solicitor before doing some action.
FAQ #2: What to Do If You Haven’t Received Any Notice within 14 Days?
According to Section 1 of the Road Traffic Act, it’ll require a notice of intended prosecution to be passed on the registered keeper of the car within 14 days for every type of motoring offense. However, there are exceptions like:
- If there are accidents that occurred in the road
- The police have given you verbal warning during the offense
- You have been given a fixed penalty
- The offense is an exception due to a statutory provision
FAQ #3: What If You Are Not Sure Who’s the One Driving Your Car?
If the registered owner of the car is a company or an employer, then Section 172 of the Road Traffic Act 1988 should impose an obligation to maintain records of who is possibly driving the car unless it is unreasonable to implement it.
If the owner is an individual, then the keeper should take all the reasonable processes to find out who was driving the car. The keeper should gather all the evidence that is essential for the defenses to be completed.
However, if you are not the registered owner of the car, then the authority must be notified that the Notice is “within your power to give.”
FAQ #4: What if The Police Wants to Talk About the Driving Incident?
Don’t worry, tell them nicely that you want to seek for a piece of legal advice first. Most of the time, the police will ask you for an informal talk to get the side of your story. Again, don’t be fooled. Do not entertain them with this kind of talk. More likely, you’ll find yourself caught in the trouble if you do so. Very often, they will keep on asking you to the point that you’re about to admit that you were the driver or making a statement that makes their job easier.
If you’re going to seek a piece of immediate advice from your motoring offence solicitor, the chances of winning your motoring offense are higher than the most crucial stage in other scenarios. Call your solicitor right away before you say anything from the police because it’s your legal right not to answer them immediately.
