Our Motoring and Crime Legal Hour is hosted by Dan Hart, Solicitor Advocate in our Motoring, Crime and Regulatory department.
If you require further help regarding motoring law, please phone us on 01279 755777 or contact Dan Hart directly.
Our Motoring Team will be hosting the Nockolds Legal Hour on the following dates:
|Wednesday 26th July 2017 ||12pm - 1pm |
|Wednesday 6th September 2017 ||12pm - 1pm |
|Wednesday 18th November 2017 ||12pm - 1pm |
|Wednesday 29th November 2017 ||12pm - 1pm |
Our Latest Legal Hour Questions (26.07.2017) Read your previously answered questions here
I have been charged with the offence of drink-driving. The roadside breath test result was completely different to reading from the machine at the police station. Can I contest the case?
The roadside breath test is simply a screening test to establish if you may have been driving over the drink drive limit. Previously the roadside devices simply showed a pass or fail but more modern devices can give an indication of the reading, but they are not relied as evidence by the Police. The breathalyser at the police station is considerably more accurate and its reading will be relied on as expert evidence. If the readings from the roadside and the police station show a huge disparity it is possible that there could be an issue with the accuracy of the reading from the police station breathalyser. However to successfully defend the case you would need to provide some expert evidence to the court to show the reading was unreliable and that you were not over the limit. The expert would usually have to provide a report on the analysis of the readings and the examination of the device in order to demonstrate that the reading was unreliable.
I have received a Notice of Intended Prosecution about four weeks after a speeding offence took place. I accept I was driving (it was a company vehicle) but having checked the internet I have seen that the notice of intended prosecution has to be received within 14 days or the case might have to be dropped. Can I dispute the offence?
The Notice of Intended Prosecution (NIP) is a notification from the police, that a prosecution is being considered against an individual driver. If the NIP has been served by post, it is a legal requirement for the Notice to be served within a fourteen day period. If the NIP is not received by a motorist within 14 days, any subsequent prosecution may be invalid. However the NIP has to go to the registered keeper within 14 days. As you drive a company car the registered keeper is likely to be the lease car company or your employer who will then have nominated you as the driver. If the notice was served on them as the registered keeper within 14 days, the police have complied and there is no basis to contest the case on this point. However if it was served outside of this period then you would be able to successfully challenge the offence.
At what age can I supervise a learner driver of car?
In order to supervise a learner driver, the learner driver must hold a provisional driving licence and you must be a "qualified driver". A qualified driver must be at least 21 years of age and have held the relevant licence for 3 years. The vehicle must also display L plates.