Looking for award-winning road traffic lawyers in Glasgow? Get in touch with Neil Kilcoyne Solicitors today.
Are you faced with a road traffic prosecution? Look no further than Neil Kilcoyne & Co Solicitors in Glasgow, Scotland, for a first-class service. Our dedicated driving lawyers are able to help across the entire range of issues related to road traffic law. From drink driving to speeding offences, our road traffic lawyers are rated amongst the best in Scotland and are ready to help you.
Careless driving is a contravention of section 3 of the Road Traffic Act. The penalty for this offence is between 3 and 9 penalty points and the option of discretionary disqualification. The degree of fault attributable to the driver determines the sentence imposed. Offences of this nature can vary from speeding and minor collisions to major accidents. The prosecution would consider the degree of fault to fall short of dangerous driving.
The most serious contravention of the Road Traffic Act is Section 1 causing death by dangerous driving. The penalty for this offence is a maximum prison sentence of fourteen years and a minimum period of two years disqualification. The prosecution must prove the manner of driving was dangerous, and a causal link exists between the driving and the resultant death. These cases are prosecuted in the high court.
Dangerous driving is a contravention of Section 2 of The Road Traffic Act. The penalty for this offence is a maximum prison sentence of two years in solemn proceedings, and six months in summary proceedings with the obligatory endorsement, and disqualification for a minimum period of 12 months. Any person convicted of this offence after disqualification must resit and pass the extended driving test before their licence is returned. To prove the charge, the prosecution must prove the driving was not to the standard of a careful and competent driver.
Drink driving is a contravention of Section 5(1)(a) of the Road Traffic Act. A conviction for drink driving carries a minimum period of 12 months disqualification, or 36 months if the driver has a previous conviction for drink driving within the last 10 years. In the most serious of cases, a period of imprisonment could be imposed. These cases are often not open and shut cases and there can be various technical defences open to accused persons.
If a person is in charge of a motor vehicle on a road or other public places when that person is over the prescribed limit then that is a contravention of Section 5(1)(b) of the Road Traffic Act.
The penalty for this offence is an endorsement of the licence with 10 penalty points or imposition of a period of disqualification.
Section 143 of the Road Traffic Act requires every person who uses or causes and permits another person to use a motor vehicle on a road or other public places to have a policy of insurance in respect of third party risks.
The penalty for this offence is 6 to 8 penalty points and discretionary disqualification.
If a police officer suspects that a person is driving or attempting to drive whilst under the influence of alcohol or drugs they can require the suspect to provide a specimen for analysis. Failure to comply is an offence in terms of sections 6 and 7 of the Road Traffic Act. Refusal to provide a test or failure of the test at the roadside will result in the requirement of providing a specimen at a police station. Refusal to provide a breath specimen at a police station is a more serious offence and attracts a minimum of 12 months disqualification in cases where the person was driving or attempting to drive.
There is a 2 year probationary period for newly qualified drivers under the Road Traffic (New Drivers) Act 1995. This period starts from the date the driver first passes their driving test. A new driver’s licence will be revoked if 6 or more penalty points are accumulated before the expiry of the 2 years. The driver then goes back to the position of having a provisional licence and must re-sit and pass another driving test before they can drive again.
A speeding offence attracts an endorsement of 3 to 6 penalty points and if your speed is deemed to be grossly excessive, the court has a discretionary power to disqualify. A fixed penalty notice is often offered in these cases with a 3 point endorsement and a fine. If this is not accepted and you proceed to court you risk the penalty being increased. If you have penalty points on your licence and the imposition of further penalty points may take you to 12 points or more within 3 years you would contravene the totting up provisions or if your speed is grossly excessive you should seek immediate legal advice.
If a person reaches 12 or more penalty points within a period of 3 years then section 36 of the Road Traffic Offenders Act 1988 applies and the court is obliged to disqualify the individual from driving for a minimum period of 6 months. Legal advice should be sought as the court can refrain from imposing a totting up disqualification or reduce the minimum period if grounds of mitigation exist to show disqualification would cause exceptional hardship.
You are entitled to legal advice before and during police questioning. We have solicitors available 24 hours a day 7 days a week for advice.
The consequences of losing your driving licence can be serious. The most serious contraventions of the Road Traffic Act can bring a custodial sentence in addition to disqualification from driving. Get in touch with us today for expert legal advice from our team of road traffic lawyers based in Glasgow.
We also offer a free initial interview providing general advice for all road traffic offences, for up to 15 minutes.
At Neil Kilcoyne Solicitors, we offer a comprehensive services to individuals accused of a Road Traffic offence. No matter the charge, we can help.
Contact our team of dedicated lawyers on our 24 hour solicitor helpline to start getting the legal assistance you’re looking for.
With offices based in Glasgow in Scotland, we’re able to get you the help you need, when you need it. Get in touch with a member of our team today to book an appointment or for a free telephone consultation.