Road traffic law scotland, Specialist Road Traffic Law Advice, Speeding

Points discount leads to rise in road offence guilty pleas

Victoria Weldon  (Copyright The Glasgow Herald and Victoria  Weldon)
Reporter with the Glasgow Herald, ran this piece today but I was wondering how many other lawyers had noticed a similar increase in clients chasing a penalty points discount?

INCREASING numbers of driving offenders are pleading guilty at the earliest opportunity to benefit from new rules on discounted penalty points, lawyers have claimed.

Road traffic lawyer Graham Walker said more of his clients are choosing to admit their offences quickly in a bid to receive fewer points and keep insurance premiums down. Mr Walker said this means less time is being spent in court dealing with the cases, resulting in a saving to the public.

The new regulations were brought about by a controversial legal ruling issued by the Lord Justice Clerk, Lord Gill, at the end of last year.

Previously, no discounts were offered on penalty points or bans and any fine imposed was reduced instead. But, following the ruling, drivers can now obtain a discount of up to one-third at the discretion of the judiciary.

Mr Walker said: “We have referred to the discount direction from the day of its publication and we have received the benefit of discount in penalty points often. The magistrates actually say in their ruling, ‘I was going to impose X points but will discount to Y points because of the early plea’.

“The other day I had a case that merited five penalty points but the accused had the case accelerated – the case hadn’t even been called in court yet and he wanted it brought forward to secure the points discount.

“He eventually received four penalty points and was delighted with the reduction.

“As everyone knows, insurance companies charge more for businesses and young people who have points on their licences. He was a garage owner with high insurance premiums so he needed less points to keep the premiums down. My take on this so far is that we are seeing more clients who see real merit in an early plea and they are actively seeking that.”

A spokesman for the Crown Office and Procurator Fiscal Service said: “The court’s decision was issued on December 20, 2011. It is too early to assess the impact of the decision on the number of relevant cases proceeding to trial.”

Julie Townsend, chief executive of road safety charity Brake, said: “It’s incredibly worrying that we can now allow drivers who have committed driving offences – in some cases very serious and deadly offences – to have their penalty points reduced.

“This will give drivers more opportunities to commit more offences before they are disqualified.”

However, under the ruling, drivers are still subject to a three-point minimum penalty.

 

Latest Advice, Specialist Road Traffic Law Advice, Speeding

Slow Down! Speeding Day of Action By Police

Reported in Today’s Scotsman regarding Speeding

“Police will crack down on speeding drivers as part of a day of action targeting the offence.”

This is a day  organised through the Association of Chief Police Officers. Great to see some joined up thinking and a concerted effort on behalf of the police to get a strong anti speeding message across. I would love to see the stats on accident reduction when such an intiative takes place or do drivers just jump on the brakes when they come round the bend and see a cop standing at the side of the road with his speed gun.

 

Hopefully they will be using something other than the Radar equipment that seems to have been discredited not just by defence solicitors but by police officers giving evidence to say how often they fail to be reliable. Or more accurately how often they are used in unreliable circumstances.

This police initiative is the latest in a series of national ACPOS campaigns for 2011/12 which have targeted issues such as uninsured vehicles, using mobile phones whilst driving, seatbelt use and drink/drug driving.These police “Days of Action” tend to be good for business for the road traffic lawyers such as myself as they have prosecuted  over 1000 motorists for speeding and over 70 drivers for driving dangerously or carelessly.

Speeding carries a  3-6 point penalty points endorsement on your driving licence with the potential of a discretionary ban. Also expect a fine. If you already have 6 points on your licence you could be facing a 12 point “Totting Up” ban so seek the advice of a road traffic lawyer as soon as possible if charged as part of this initiative.

If convicted of dangerous driving, you will lose your licence for at least 12 months and you will be ordered to re-sit an extended  driving test involving at least 1 hour of driving.

 

Driving ban scotland, Latest Advice, Road traffic law scotland, Specialist Road Traffic Law Advice, Speeding

Twitter Gets a Brazilian

Brazilian Volley ball

Brazillian for Twitter?

It looks like Twitter will have a close shave with the law in Brazil from reports in the press today.

Brazilian authorities are pretty concerned about Twitter. Apparently, users are tweeting to warn each other of traffic checkpoints, speed guns and other safety precautions on the roads – and this has made the Brazilian Government raise a legal action to sue Twitter and halt further “Tweets” and kill off the Twitter accounts.
The Brazilian Government is sueing Twitter for hundreds of thousands of dollars in an action aimed at halting “Tweets” about road blocks in Brazil.

Some motorists in Brazil have taken to “Tweeting out” warning to other drivers to alert them to where road blocks are positioned but the Government is moving to block the twitter accounts AND sue the company.

Interesting “Freedom of  Speech” arguments being made but it made me wonder what would happen in Scotland if the Scottish Government decided that they wanted to clamp down on similar behavior over here. I guess the local constabulary might just charge the “Tweeter” with Attempting to Pervert the course of Justice as we have seen cases where drivers have been charged where they have flashed their lights at oncoming vehicles to warn about speed impending traps.

In Brazil the government is targeting accounts like @leisecarj which circumvents Brazil’s strict legislation against driving under the influence of alcohol by tweeting the location of traffic checkpoints and speed detection guns.

However, the account also tweets useful traffic information to its 287,000 followers, such as incident reports.

In the action, the Brazilian Government argues that  @leisecarj and other Social Media accounts should be shut down, as they are breaking several laws,acting immorally, allowing for drunk drivers to potentially remain on the road undetected by authorities.

You can bet that Twitter will fold on this. They are too big to be bothered about the rights of individuals to communicate and they also have some Moral duty to ensure that people do not use their medium to break the law.

Twitter has not yet responded to the lawsuit against it, but it is quite possible that the company will take this opportunity to implement its newly-announced country-by-country policy that enables it to withhold certain content and accounts if a government requests it.

In this case, others around the world would still be able to see the Brazilian accounts warning of traffic controls and DUI checkpoints – but the drunk drivers on Brazil’s roads wouldn’t.