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The Easiest Way To Become A Criminal
A law lecturer we once knew was very
fond of saying that the easiest way to become a criminal was
to get into a motor car. It's certainly true that the rules
and regulations about everything from road signs to tyre tread
depth seem endless, and it's very easy to break them without
knowing. Here's a seasonal guide to some of the more serious
pitfalls.
Drink Driving
At this time of year, police forces all
over the country intensify their Drink Driving campaigns. Of
course, the best thing to do is not to drink and drive, but if
you do have one for the road here are a few top tips:
- Count your drinks - they may be
stronger than you expect. Two pints of strong lager will put
you over the limit
- If you do get breathalysed, don't
refuse to blow in the machine - you will get charged anyway
and the court will assume you are hiding a high reading
- If you are offered the chance of
giving a blood sample, take it - you will be given a part of
the blood sample so that you can have it analysed for
yourself
- Don't be tempted to sleep it off in
the car - you can still be arrested
- The more you drink the night before,
the longer it takes to get it out of your system - don't
assume you are ok to drive the morning after
A conviction for Drink Driving means loss
of your licence for twelve months or more (three years for a
second offence). There are loopholes, but none of them are
very easy to squeeze through, and you would certainly need
legal advice if you want to take advantage of them. The good
news, if you are a first time offender, is that the court will
offer you the chance to go on an education course that can
knock months off your disqualification.
Speed Cameras
Nobody likes them, and almost everybody
has been caught by one sometime - but they are very difficult
to fight in court. The time to worry is when you collect
several endorsements, because if you "tot up" twelve points on
your licence you will be disqualified - unless that is you can
convince a court that you will suffer "exceptional hardship"
from loss of your licence. It's not enough to show that you
will lose your job; you usually have to show that others will
suffer too - again we would recommend that you seek legal
advice. If you are successful in keeping your licence, you
have to then drive very carefully until the points come
off!
Insurance
This is one where you have to watch the
paper work. If you think you have insurance but in fact you
haven't, you are still committing an offence that will earn
you six points on your licence. If your bank account is
bumping along the bottom in December, and your premiums are
paid by direct debit, make sure the monthly payment has gone
out. If it hasn't, your policy may be cancelled before you
know about it.
We Can Help
Our Criminal Defence Team are available
to advise on all these issues - unfortunately you will only
get Legal Aid in court for the most serious offences. (Drink
Driving cases will only qualify for Legal Aid if there is a
good legal or scientific argument to be made, or if your
blood/breath reading is very high.) We can advise you whether
you will be eligible for Legal Aid. If you are not eligible,
we can advise you on a fixed fee so that you can decide
whether you want to defend your case on a paying basis. Call
us if you have a question.
And finally, one golden rule
If you were in the driver's seat, don't
try and convince the police that it was someone else. You will
convert a simple speeding offence into Perverting the Course
of Justice, which almost always leads to prison!
Dated: December 2009
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