A driving offence is a serious crime in the UK, often leading to serious consequences. Fortunately, being arrested or investigated for a motoring offence doesn’t necessarily mean you will be convicted. In fact, with an experienced criminal defence solicitor by your side, you can get the charges dropped.
In the UK, especially in areas like Bournemouth, there are straightforward regulations and processes to get your charges dropped. This detailed guide explores common reasons charges could get dropped, and how criminal defence solicitors in Bournemouth can help. Let’s break it down.
Source: freepik
What Counts as a Motoring Offence?
First things first, let’s clarify what counts as a motoring offence in the UK. Starting with minor offences, the law covers:
- Speeding (but not excessively)
- Driving without wearing a seatbelt
- Using a mobile phone while driving
- Driving without a valid MOT
- Ignoring stop signs or road markings
- Parking violations (like overstaying in a restricted area)
In addition to minor offences, you could get a driving charge because of the following:
Dangerous driving
When you get charged with dangerous driving, the law believes your driving falls far below the minimum standard expected of a competent and careful driver. Your driving is also considered hazardous for other road users, including drivers and pedestrians. Common examples of dangerous driving include:
- Speeding
- Driving aggressively, such as braking too hard
- Dangerous overtaking
- Continuously ignoring traffic lights
- Driving a vehicle with known faults
- Driving when unfit, such as having an injury
- Aggressively driving to evade the police
Careless driving
It means driving without due care or attention to yourself and others. Examples of careless driving include:
- Overtaking on the inside
- Turning into the path of another car
- Using your phone or adjusting the volume while driving
- Flashing lights to force other drivers to let you pass
- Driving too close to the vehicle in front
Drink or drug driving
Driving under the influence of drugs or alcohol is a serious criminal offence. In England, Wales, and Northern Ireland, there are legal alcohol limits, including:
- 35 micrograms of alcohol per 100ml of breath, or
- 80 milligrams per 100ml of blood, or
- 107 milligrams per 100ml of urine.
Understanding what your driving charge actually means will help you navigate the next steps.
What are the Charges for a Driving Offence?
Charges for drug offences vary depending on the severity of the actions. For minor offences, you could get a Fixed Penalty Notice (FPN), which is usually between £50-£200. You could also get up to 3 penalty points on your driver’s license.
For major motoring offences, such as dangerous driving, you could get:
- Up to 11 penalty points
- 2 – 14 years imprisonment
- Unlimited fine
- Mandatory ban
- Criminal record
Moreover, the consequences of a drink driving charge can include:
- Up to 11 penalty points
- 6 months imprisonment
- Unlimited fine
- Driving ban of 1 to 3 years.
Reasons Charges Can Get Dropped
With a strong defence, it is possible to get driving offence charges dropped. A competent criminal defence attorney will construct a defence. They might bring up one of the following scenarios:
Lack of evidence
The Crown Prosecution Service (CPS) and the police may choose to drop charges for various reasons. One key factor is insufficient evidence. For instance, in the case of a drink-driving offence, your solicitor could argue that the police don’t have enough proof of impairment. They might also challenge forensic reports to strengthen your case.
Procedural errors
If the police made mistakes during the investigation, evidence gathering, or court process, your solicitor can argue to get your charges dropped. For instance, a drink- or drug-driving case is incredibly complex, and the police must follow specific procedures to build a case. They can, however, make mistakes. Examples include:
- Failure to give a statutory warning
- Improper sample collection
- Improper sample handling
- Incorrect breathalyser procedure
- Errors in issuing the Notice of Intended Prosecution (NIP)
Procedural errors can directly and instantly invalidate evidence. A motoring offence attorney will scrutinise police procedures and find gaps.
Mitigation
A driving offence solicitor could also present factors like a good driving record or no prior convictions to reduce penalties.
Special Reasons: A Way to Get a Reduced Sentence
Speaking of reduced penalties, your solicitor will try different methods to make it happen. Special reasons apply when you decide to plead guilty at the court hearing, but want to avoid harsh penalties.
These reasons could include:
- You were driving away from danger
- You had a medical emergency
- Your drink was spiked without your knowledge
This method can help to avoid driving bans or unlimited fines. Keep in mind that the UK motorist law is incredibly rigid when it comes to presenting special reasons, so strong evidence is crucial.
How a Drug Offence Solicitor Can Help
Remember: You’re not guilty just because you have been charged. Working with a skilled criminal defence solicitor can make a world of difference. They will scrutinise evidence, assess the validity of the arresting process, and help build a strong defence.
Legal Disclaimer: Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues regarding driving offences.
