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Motoring Offences

How To Avoid Fines Whist Driving broad This Summer

As many of us take to the continent during July and August, the one souvenir none of us wants is a fine from our holiday travels.

As around 400,000 cars are due to pass through the Channel Tunnel alone it is best to be aware of the rules of the continental road.

One aspect I didn’t think I needed to write about was which she of the road to drive on. Worryingly, a study conducted by the car insurer Miles showed 62% of this interviewed thought they could drive on the left in France. Just let me get this clear, you need to drive on the right or your holiday could over very quickly.

Driving on the right is also de facto in Spain, Germany, Italy, Switzerland, Portugal; in fact, any European county other than the UK, Malta, Ireland and Cyprus.

In France it is illegal to drive without the following; a single-use accredited breathalyser, a high-vis jacket, spare light bulbs and a warning triangle. Failure to have the above can result in an on the spot fine.

Did you know driving shirtless is Spain is an offence, as is wearing flip-flops or biting your nails behind the wheel? In France, wearing headphones or eating behind the wheel could also land you with a fine.

Please make sure you get to grips with the local road traffic laws of any country you drive through. There are plenty of websites which will give you the required information, a great one is the RAC – https://www.rac.co.uk/drive/travel/driving-abroad/checklist/.

Also, please keep a check on how much you have had to drink before getting behind the wheel. You can find our article on that very point by clicking here.

James Blackham, the co-founder of By Miles, said, “Holidaymakers planning on driving to Europe this summer must take the time to swot up on local driving laws or risk facing fines. Little-known rules can often catch drivers out. For example, in France, you must carry a breathalyser with you at all times, and in Spain, if caught driving without a top on you can be fined €200.

“However, every road-tripper can protect themselves by following a few simple steps before setting off. Don’t presume your insurer automatically gives you the same full cover you have at home when you’re driving in Europe. Give them a ring to make sure you have the same level of cover – some drop to third party cover only once outside the UK.”

Have a happy, safe and trouble-free holiday.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Technical Defence Proved At Cannock Magistrates Court

Mr O faced a charge of failing to provide a specimen of breath at Cannock Magistrates Court. Were he to be convicted of the offence, as alleged by the prosecution, he would be facing an immediate disqualification from driving.

There was some initial discussion with the prosecution regarding their formulation of the charge. They had drafted it as “driving a motor vehicle” whereas it was argued it should have been “in charge of a motor vehicle”. After quite some time, the prosecution agreed to the argument and the charge was amended. Simply put, this meant Mr O would not face an automatic disqualification and instead was deal with by way of 10 points on his licence.

The Result

Location: Cannock Magistrates Court

Offence: Failing To Provide A Specimen Of Breath For Analysis

Outcome: Disqualification avoided on a technical argument

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Driving With Mobile Phone Gets Disqualified Driver Caught

A 34-year-old man has been banned from driving for two years after being caught using a fake driving licence because he was seen using his mobile phone behind the wheel.

Officers on patrol spotted Christian Matache driving while using his mobile and pulled him over, at which point he presented a fake driving licence.

Prosecuting, Sabrina Naz told North Staffordshire Justice Centre: “Two officers were travelling, in an unmarked police car, southbound along the A500 towards the A50 when they saw the defendant driving alongside them holding a mobile phone.

“They illuminated the blue lights and safely stopped the vehicle on the A50 roundabout at Sideway.

“The defendant was asked to produce his driving licence. He provided a Romanian licence. An officer became suspicious because one of the security features did not look as it should.

“The police made contact with the national document fraud unit, who confirmed from viewing a photo that it was counterfeit.”

Further checks made by the police found that Matache was not listed as insured to drive the vehicle, and on being questioned about the fake documentation, he said he had paid an unknown male to provide it.

Representing himself in court using an interpreter, Matache explained that his wife had complained of feeling unwell after undergoing recent surgery. He received a call while working at a car-wash and, panicked, hurried to help her, setting off on the six-mile journey during which he was spotted and subsequently arrested.

Originally from Romania, Matache had no previous convictions and pleaded guilty to possessing a driving licence with intent to deceive, driving other than in accordance with a licence, driving without insurance, and using a mobile phone while driving.

He was banned from driving for two years and handed a 12-month community order. Magistrates also ordered him to undertake 200 hours of unpaid work and pay £135 costs and a surcharge of £85.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

More Than 32,000 Motorists Have Two Or More Drink Driving Convictions

A newspaper investigation into drink driving has found that more than 32,000 motorists have two or more convictions for the offence, according to the DVLA.

Records, acquired from the DVLA through a Freedom of Information request by the Mirror newspaper, show that some drink drivers have even been charged with the offence as many as 9 times since 2010.

Data indicates that 28,791 drivers were prosecuted twice for driving while over the prescribed limit, with 2,880 having three convictions, and 438 with four convictions.

A total of 18 people have six or more convictions, of which three have seven, and four have eight convictions.

As the law currently stands, the penalty for drink driving is a minimum 12-month ban from the roads, an unlimited fine, and up to six months in prison.

Drink driving is an aggravating factor where death or serious injury is caused by dangerous driving, carrying a maximum sentence of seven years in prison, although the government is currently debating a bill to increase this figure.

The information obtained by the Mirror is as follows:

Number Of Convictions – Motorists Convicted
1 – 386,248
2 – 28,791
3 – 2880
4 – 438
5 – 85
6 – 18
7 – 3
8 – 4

A spokesman for Brake, the road safety charity, has demanded harsher punitive measures for repeat offenders.

“It is truly appalling there are so many repeat offenders. We urge the Government, the police, and the courts to get tougher,” they said.

Following a disqualification for drink driving, most offenders simply need to fill out a form to request the return of their license. High-risk offenders – usually categorised as those who were found to be more than two-and-a-half times the limit – additionally need to pass a medical assessment.

Critics of the current system, including the AA, say that all drink drivers should have to prove they are not addicted to alcohol via a series of blood tests, amongst other measures, before being allowed back behind the wheel.

The Department for Transport has insisted, however, that motorists convicted of drink driving already face “tough” penalties.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Fatigued Mobile Phone Driver Jailed For Killing Cyclist

A man has been jailed for three years after killing a cyclist while he was talking on his mobile phone after 17 hours at the wheel.

The 28-year-old defendant was also speeding when he collided with his 57-year-old victim, sending him flying into a hedgerow on the A50.

James Moore, prosecuting, told the court that at 7.50pm the cyclist was part of a group of 16 members of a cycling club who were taking part in a time trial when the accident occurred.

The van driver, who had previous convictions for driving without due care and attention, had been on the phone to a friend for around 30 minutes at the time of the accident. It was not possible to say, however, whether or not he had been using a hands-free device.

The man had been at the wheel for 17 hours, having started work at three o’clock that morning and travelled 600 miles when he hit the former council worker at 69mph – 9mph over the speed limit for his vehicle.

In addition to driving without due care, the defendant also had previous convictions for failing to stop following an accident, failing to report an accident, and driving while using a mobile phone. He had been subject to a six-month driving ban and had 11 points on his licence.

“[The victim] was a regular and experienced rider and, very sadly, as a result of the collision he was projected between 35m and 40m into hedgerow at the side of the road and suffered fatal injuries,” explained Mr Moore.

“The visibility was excellent, the weather conditions were dry and the road was light with traffic.

“There were no defects on [the driver’s] vehicle that would have contributed to the cause of the collision.

“One witness who was behind the vehicle being driven by [the defendant], importantly, described how he did not swerve or brake and following the collision he continued on as though he was unaware a collision had taken place.”

It was nearly a mile later when the van driver did finally pull over, with witnesses describing him as “visibly upset”.

Mr Moore said: “He started work that day at 3am and had driven in excess of 600 miles.

“He would have been suffering significant elements of fatigue.

“Evidence also shows he had been talking to a friend on his mobile phone for 32 minutes and that call ended five seconds after the collision.

“In summary, we say he did not divert from his course, he clearly did not see [the victim], but he should have.”

The court heard that the driver had been working such long hours because he was employed under a zero-hour contract.

Nicholas Syfret, mitigating, explained that his client was a father-of-two, aged six and nine, saying he was “a responsible and doting father whose family ties were very much the centre of his life.”

“It is very hard for those who are the victims of a person’s criminal behaviour to appreciate that person can be a very nice, very decent, human being.

“Why did this accident happen?

“The only rational explanation is that he did not see the cyclist.

“He should have done, others did.”

Judge Shaun Smith QC said: “There is no price on human life, there never can be. I have heard how [the victim] was a good man, a popular man who, along with his wife, lived an active life and who made a positive contribution to society.

“Tragically, he died as a result of the way you drove on that day which was way below an acceptable standard.

“Other drivers had no problem negotiating him and the other cyclists who were taking part in a time trial that day. You, however, did not swerve and did not deviate from your path when you struck him.”

The man, who had recently moved to Kings Lynn, Norfolk, pleaded guilty to causing death by dangerous driving. He was sentenced to three years in jail.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Garden Repair To Cost “Thousands” After Drink Drive Crash

A Lincolnshire teenager has been banned from driving for twelve months after pleading guilty to drink-driving and crashing into a front garden causing “thousands of pounds” worth of damage.

Eighteen-year-old Daniel Emerson’s car was found abandoned on a front lawn, said Jim Clare, prosecuting, after Emerson had been out drinking with friends. He was tracked down to a friend’s house and told police that he had been drinking the previous night.

Emerson initially told officers that he had got a taxi home after being refused entry to a bar, but later changed his statement to say that he had crashed his car and left the scene.

Mr Clare told Boston Magistrates court that damage to the fence would cost “thousands of pounds” to repair, plus an additional £200 in damage to the lawn, however he added that the court could not award compensation which would have to be sought through civil proceedings.

Helen Coney, defending Emerson, said that the sixth-form student could not explain how he came to be in his car after taking a taxi home, nor why he had chosen to drive, adding that it was only through his own admission that there was any suggestion of him driving.

Ms Coney also disputed the repair figures from Mr Clare, stating that repairing the fence would only cost £120.

Magistrates banned Emerson from driving for 12 months, as well as imposing a fine of £81 and ordering costs and charges of £115.

Emerson’s ban may be reduced by 12 weeks if he completes the drink-drivers rehabilitation course.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

New Technology To Aid In Drink Driving Crackdown

The government plans to commit £350,000 to the tendering process for companies to manufacture a new roadside breathalyser which will instantly provide evidence to police that suspected drink drivers are over the limit.

Current roadside tests are not admissible as evidence in court, and so there is a delay between the arrest and being able to obtain proof of driving under the influence. The new technology eliminates the possibility, particularly in borderline cases, of drink drivers “sobering up” just enough to be able to pass the second, evidential test.

As part of a government crackdown on drink driving, Roads Minister Jesse Norman said: “This new technology will enable the police to enforce the alcohol limit more rigorously on those who drive after drinking, putting others at risk.”

Figures from 2016 show that 460,000 people received roadside breathalyser tests, with 59,000 returning positive results or refusing to take the test.

Following the invitation to tender, it is anticipated that the new breathalyser kits will be deployed to police forces nationwide by 2020.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Rochdale Mobile Phone Driver Gets 12-Month Ban

A 25-year-old man from Rochdale has been banned from the roads for 12 months after crashing into another vehicle on M4 in South Wales because he was distracted by his mobile phone.

Witnesses saw the man swerving across the full width of the motorway in a 4×4 and talking on his phone before running into the back of another vehicle near Port Talbot.

Ashanti-Jade Walton, prosecuting, told Swansea Crown Court that, travelling eastbound, he was seen moving from the near-side lane to the hard-shoulder and then to the outside lane prior to the collision between junctions 42 and 41.

He had been on the phone dealing with issues regarding his mother, who was unwell in Sri Lanka, and matters relating to work. He was in the region to attend a religious festival.

Judge Peter Heywood said that the defendant had clearly not been in control of the vehicle, that apparently belonged to his cousin and he was uninsured to drive. He said the reason that the man did not have control was that he was using his mobile phone while driving.

Adding that it was a serious offence, Judge Heywood also said that it could be handled through a community order.

Speaking through a Tamil interpreter, the man pleaded guilty to dangerous driving, driving while using a mobile phone, and driving without insurance.

In addition to the driving ban, he was also handed a 12-month community order for 120 hours unpaid work and had points added to his license.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Drink Driver Crashes New Car Four Times, Receives Ban

A 39-year-old man has been banned from driving after being caught drink driving and crashing his new car four times in 100 yards.

The Leicester man was moving his new car to a better parking spot after the seller parked it too far down the road. While attempting to move it 100 yards to nearer his home, at four times the legal limit, he collided with four parked cars.

Prosecuting, Kwok Wan explained: “Police were called at about 6.40pm to a report of a suspected drink driver on Asfordby Street.

“Members of the public had contacted the police saying they were at home when they heard loud bangs.

“When they went outside, they saw a Vauxhall Astra that had collided with four parked vehicles.

“When officers arrived they saw the defendant standing outside his car. They were immediately able to smell alcohol on him.

“They carried out a roadside breath test which was positive at 54 microgrammes of alcohol in 100 millilitres of breath, the legal limit being 35.

“At the station, further tests were taken with the lowest of the two being 143 microgrammes – more than four times the legal limit.
“It would appear the alcohol was still working its way into his system.”

“He said he had bought the car the day before,” continued Mr Wan.

“The man he bought it from parked it.

“He wanted to park it in a different place, a safe place, 100 yards away. He attempted to do that and hit the parked cars.”

According to Mr Wan, the defendant told police he had drunk three miniature vodkas between 10am and 4pm.

Ahmed Khan, mitigating, told Magistrates in Leicester that the man was the sole carer for his elderly grandmother and mother.

Mr Khan said: “What he has done is very stupid indeed.

“He put himself and others at risk but thankfully no-one was injured.

“He would like to apologise to the court and is full of remorse.”

Alison Chick, Chairman of the Bench, said: “This was very foolish.

“This is very high reading and you would have been sent to prison for 12 weeks, but because you are a carer and of previous good character, I will suspend the sentence for one year.”

The man pleaded guilty to charges of drink driving and, in addition to the suspended 12-week sentence, was banned from driving for three years. He must also undertake 100 hours unpaid work, pay £85 prosecution costs and a victim surcharge of £115.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors

Eighteen-Month Ban For Drug Driving Pensioner

A pensioner has been banned from the roads after being caught drug driving at more than six times the legal limit for cocaine, and was found with five grams of the drug in his possession.

Norwich Magistrates heard that police initially pulled him over at 9.45am, believing his car to not hold a valid MOT.

Wayne Ablett, prosecuting, said: “When he was spoken to, officers thought he appeared to be under the influence of drugs, and at the roadside tested positive for cannabis and cocaine. Also seized was a bag of white powder which was 4.7 grams of cocaine with a street value of just over £200.”

The 68-year-old, who was convicted last February for producing cannabis, was found to be six-and-a-half times the limit for cocaine and also over the limit for cannabis.

James Burrow, speaking in mitigation, told the court that a driving ban would have a “knock-on effect” on the man’s daughter – due to a heart condition and a pacemaker she relied on her father for transport.

Mr Burrows continued: “He is a retired gentleman,”

“In terms of his drug usage, he candidly tells me cannabis is something he has used for the vast part of his adult life, assisting him in more recent years with his joint pains.

“With regard to the cocaine he tells me he was introduced to this drug a few months ago, getting in with the wrong crowd and wrong people who recommended he try it. He tells me the arrest for drug driving was the kick that he needed to move himself away from misusing that drug.”

He described the stop as a”deeply costly experience” for his client, as it turned out he actually did have a valid MOT after all.

In a pre-sentence report presented to the court, the probation service said the man justified his drug driving by saying “everyone does it, but just hasn’t been caught yet”.

They added that he had continued to use cannabis and “had no intention to stop”.

Magistrates banned him from driving for 18 months, imposed a fine of £240 for drug driving, £145 for possession, costs of £85, and a victim surcharge of £80.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07732 054827.

Contact Millars Solicitors