Common road traffic issues

Here at Chadwick Lawrence our team deals with a wide variety of road traffic offences.  Some of these, such as drink or drug driving offences and speeding, can be serious.  However, there are a number of lower level offences which are easy to fall foul of and about which we also receive regular enquiries.

These include issues with seatbelts/child restraints.  You must remember it is an offence for a person aged 14 or over to drive a motor vehicle or ride in a front seat or rear seat of a motor vehicle without wearing an adult seatbelt where one is available.  There are exceptions, and these include taxi drivers, drivers carrying out reversing manoeuvres, and drivers and passengers holding a medical certificate.

It is also an offence for a person without reasonable excuse to drive a motor vehicle on the road where a child under 14 is in the front seat unless the child is wearing a seatbelt which conforms with the regulations on a child restraint being used based on the child’s age and height.

We also see lots of individuals who receive what are known as Fixed Penalty Notices.  Minor road traffic offences such as speeding can be dealt with by means of a Fixed Penalty Notice rather than by formal prosecution in the Magistrates Court.  Such penalties can be issued by the Police on the spot, or sent through the post by what is known as a “Conditional Offer of a Fixed Penalty”.   If you accept this offer by paying the appropriate penalty you will avoid prosecution.  If the offer is rejected, however, a Court Summons will follow.  Penalty points will also be added to your licence if you accept a conditional offer, and fines for Fixed Penalty Notices range from £50 to £300.

If you are a new driver, under the New Drivers Act 1995 while in the probationary period of two years, if you incur 6 or more penalty points within two years of passing your driving test, then you automatically have your driving licence revoked.

Most road traffic offences are what is known as “summary only” which means they can be dealt with in the Magistrates Court.  There are, however, more serious offences known as “either way offences”, such as causing serious injury by dangerous driving, which can either be heard in the Magistrates Court or in the Crown Court.  If you are charged with a more serious offence, this is known as “indictable only” and has to be dealt with in the Crown Court.  An offence such as death by dangerous driving is an indictable only offence.

Here at Chadwick Lawrence our team has expertise in dealing with road traffic offences and, if you find yourself in the unfortunate position of being accused of a road traffic offence, please contact our team on 01924 379078 or email nilso@chadlaw.co.uk