As Motoring Solicitors we often get asked what do we do, and how we can help. To illustrate, we thought we’d tell you about some recent actual examples of prosecutions we’ve handled:
Notice of Intended Prosecution (NIP) incorrectly issued
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The review of the drink and drug driving law requested by the former Secretary of State for Transport was published yesterday (16 June).
The most controversial conclusion is the suggestion that the drink-drive limit should be drop from the current 80 milligrams of alcohol per 100 millilitres of blood to 50 mg per 100 ml. This would bring it in line with many countries in the EU.
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Innocent motorists will now be able to instruct solicitors to defend them safe in the knowledge that they won’t be out of pocket if they win. This follows a judgment handed down by the High Court yesterday which marks a return to sanity.
Under the current scheme introduced by the previous government, driver defendants are not always able to get their legal costs reimbursed in full after a successful court case – where they are acquitted, or a case is withdrawn by prosecutors such as the Police or VOSA. However, The Law Society has successfully challenged the current rules at a Judicial Review Hearing.
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Have you ever obtained car insurance naming yourself as the main driver to save your son or daughter money? If the answer is “yes” and your child is involved in an accident, you may find the insurers refuse to pay.
Young drivers who have just passed their driving test, particularly males, are often unable to afford to insure a car of their own. Few insurers quote less than £3,500 a year even for low-value, low-powered vehicles. This is because inexperienced, young drivers tend to crash rather a lot, causing big payouts for insurers.
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On the 27th May 2010, the High Court determined that controversial regulations which deny innocent motorists the right to recover their legal costs above legal aid rates were drafted erroneously. The Lord Chancellor says that he now intends to correct the error as “soon as is reasonably practicable”.
This is a humiliating blow to the Ministry of Justice, who were seeking to defend the law during a Judicial Review Hearing in the High Court on 27 May.
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Up to one in three road accidents involves a vehicle being driven for work use. And when the vehicle is an HGV or a PSV it can be a bit like using a “loaded gun” as statistically these vehicles are the ones most likely to result in fatal accidents.
Involvement in an accident is always a traumatic experience, so take extra care over what is said at the scene. The police treat “fatals” as major investigations, and apply their resources accordingly. As the trend is no longer to regard fatal accidents as merely “accidental”, the police will seek to establish the cause of what happened and whether anyone is to blame.
If the police think the accident was caused by bad driving or failure to properly maintain a vehicle, you can expect the person responsible to be prosecuted.