Motoring law

Read our advice to these frequently asked road traffic law questions.

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I Sent The S172 Form, Police Didn’t Receive It

  Question The police sent the notice out to me asking for driver information combined with the notice of intended prosecution by first class post. I received it and responded naming myself as the driver. I sent my response back …

I’m Not The Keeper – Do I Still Have To Name The Driver?

  Question I am not the keeper or owner of the vehicle in question. I have been sent a request for driver information and this seems to be because I am down as a named driver on the insurance policy …

Do I Have To Incriminate Myself?

  Question: Can I be forced to provide driver information in relation to a speeding matter. The police are effectively trying to compel me to incriminate myself or somebody else. Is this a breach of my human rights? Can I …

Wrong Details On NIP, Is It Valid?

  Question The notice of intended prosecution and request for driver information does not have the correct name on it. The police have misspelt my name. Do I have to do respond or can I just throw it in the …

Is Dangerous Driving A Magistrates Court Offence?

  Question: I have been charged with dangerous driving, will my case be dealt with in the magistrates court? Emma Says: Most road traffic offences are summary only offences, this means that they can only be dealt with in the …

Can’t I Just Tell The Magistrate What Happened?

  Question: Will common sense prevail if I simply tell the magistrates what happened? Emma Says: We speak to many people who had a potential defence but have failed miserably in trying to present their arguments to the magistrates. We …

Is it Better To Represent Myself?

  Question: Is it more sensible for me to represent myself? Is the magistrates/judge likely to think that I have money to burn or that I am hiding behind a lawyer if I employ somebody to act on my behalf? …

Regular Cannabis User Not Impaired

  Question: I did not feel in the slightest bit impaired. I am a regular user of cannabis and smoking a joint a couple of hours before driving which would not have affected the standard of my driving. Emma Says: …

Caught Passive Drug Driving!

  Question: I don’t smoke cannabis but my friends do. I’ve tested positive for cannabis in my blood whilst driving despite never actively smoking a joint. Can I avoid a ban? Emma Says: If the blood sample is reliable then …

Can I Mitigate Drug Driving Ban With A Larger Fine?

  Question I need to be able to drive for my work and to support my family. I’ve been accused of drug driving. Can I mitigate to avoid a ban by offering to pay a really high financial penalty. Emma …