Clarkson Hirst Solicitors Lancaster, Kendal, Barrow

Motoring Offences 

Penalty Points - We Can Help

Virtually every motoring offence carries penalty points.   The minimum you can receive for even the most minor offence is 3 points.

In any 3 year period if you receive 12 points you can be disqualified under what are known as the totting up provisions for at least 6 months.

This can have disasterous consequences on a persons job and livelihood.

We can help.

In certain circumstances you may be able to advance "special reasons" for not receiving the penalty points in the first place.  Also if you do "tot up" to 12 points you may be able to put forward an "exceptional hardship" argument when the effects of the disqualification would cause you hardship way beyond that which might reasonably be expected from a simple speeding offence for example.

Drink Driving

It isn't necessarily all over.  We can helpl

1. There may be a procedural mistake that the police or prosecution have made.

2. The period of disqualification has to be a minium of 12 months and will then increase according to the reading you have.

Legal limit for breath = 35

Legal limit for blood = 80

Under 50 m breath you have the right to have the sample changed to blood or urine (usually blood).  It can take time for the Doctor to arrive to take the sample and in marginally cases the delay may help you.

3. A second conviction for driving with excess alcohol within 10 years of the first will mean the obligatory minimum is a 3 year disqualification.

No "exceptional hardship" argument is available in these situations as the disqualifications are mandatory but you can still advance "special reasons".  There maybe exceptional circumstances relating to why you drove also the shortness of the distance driven may be a factor.  These can be put forward to try to prevent a disqualification.  

What about driving with drugs in your system (prescribed or otherwise)

With alcohol offences the level of alcohol is measured and if you are over the limit you are deemed to be unfit to drive.

With drugs it is different.  Even if drugs are found to be in your system they cannot be measured in terms of quantity so how does anyone know that you are unfit to drive because of them?

Drunk in charge of a motor vehicle. Ever slept in the car one night not intending to drive when the police come along.  Providing you can prove you had no intention to drive before you were legally able ot you have not committed any offence.

I am not trying to suggest any of these arguments are simple in law or easy to advance sucessfully but with our expert help your chances of keeping your license are much better.

email crime@clarksonhirst.com

73 Church Street, Lancaster, United Kingdom LA1 1ET - Telephone

01524 39760 (member state UK)

35a Stricklandgate, Kendal, Cumbria, United Kingdom LA9 4LT - Telephone 01539 736916 (Member State UK)

101 Duke Street, Barrow-In-Furness, Cumbria, United Kingdom LA14 1RH -

 Telephone 01229 820600 (Member State UK)

We can see you at any office to suit your requirements.

Freephone telephone: 0800 919 231 (Member State UK)

Clarkson Hirst Solicitors are Regulated by the Solicitors Regulation Authority a copy of the Solicitors Code of Conduct can be found at http://www.sra.org.uk/consumers/consumers.page