Big Brother Cameras Enforce MORE driver fines

More Fines for Bus lane drivers

An interesting article on the  STV website today..

Motorists in Glasgow, Edinburgh and Aberdeen could face fixed penalties of £60 later this year after the Scottish Government approved plans to fine drivers who go through bus lanes

Big brother will be watching as it looks like the camera companies have managed to persuade our elected representatives that we need, even more watching. Measures will be enforced by a series of cameras which will be installed along major bus routes in the cities.

Many of us are all too aware that Glasgow and Edinburgh have already installed cameras on their main bus roads – STV reported that ten have been set up in Edinburgh’s city centre and key routes out of the city and 12 have been put in place in Glasgow.

If you feel strongly about it then you should contact your local Councillor as they  will need to plan exactly how the scheme will work in each city and seek the final approval from local councillors and then the Scottish Government before enforcement can begin later this year.

My own concern is that if we de criminalise this then how will the driver have a right of appeal and how will this be funded. I assume they envisage something similar to the parking fines appeals procedure controlled by a civil authority and NOT the courts. I do not consider that courts should be clogged with such offences, especially since no points will be attributed to this type of driving but due consideration requires to be given to the fairness and cost of a review system.

A Glasgow City Council report written in 2012 estimated that as much as £250,000 could be earned in the first year from the scheme. I am sure that we all would like to see real transparency in the subsequent spending of this new found money. How much is raised and where has it gone? Has it fallen down a black hole of operting costs for camera company etc etc

Council bosses claim that they plan to reinvest the money into city transport infrastructure.

The cameras will take a note of the number plates on all the vehicles which drive on bus lanes and a computer will confirm whether the plates are registered to buses, taxis or emergency vehicles.

Another camera will record a video of the incident which will be checked manually before a fine is actually issued.

Edinburgh transport convenor Gordon Mackenzie welcomed the new laws. Speaking to the Herald, he said: “Illegal use of these lanes can cause unnecessary delays to bus journeys and accidents but once these cameras are up and running I’m hopeful we will see a sizeable reduction in these problems.”

Under the old system, only the Police could enforce bus lane regulations by issuing a £30 fine after a local order has been passed by the council.

The exact level of the fines is still to be decided, however it is understood that a fine similar to the £60 fixed penalty notice for parking is being considered.

70% of Drink Drivers are Morning After Offenders!

It’s Never Too Late To Call A Road Traffic Lawyer

A recent article by Neil Poornan in the Scottish Press indicated that 70% of drink drivers apprehended by the police in the first 3 weeks of a recent drink drive campaign in Scotland were arrested between 6:00am and 10:00am

Chief Superintendent Kate Thomson said: “During the first three weeks of this campaign, over 100 offenders detected for drink driving were under twice the legal limit, and over 70 offences were detected between 0600hrs and 1000hrs, classed as the morning after for offenders.” She reiterated the view that ALL drink driving is a criminal offence and it cannot be excused simply because you failed to understand that you would still be over the drink drive limit the day after consuming alcohol.

This demonstrates very clearly that there is still a message that needs to get through to Scottish drivers. The risk of drink driving the day following  a drinking session are very real and significant and they carry the same mandatory ban for at least 12 months.

Euan Ross and others -Penalty Points

Further to my blog the other day we have now received the 61 page judgement in connection with a conjoined hearing regarding 7 appeals against sentence.

Euan Ross is one of the  aforementioned cases.

Our little bird called it right when we were told that penalty points can be reduced in Road Traffic cases but unfortunately it looks like we still cannot get away from the statutory minimum of 3 points.ie If Parliament has stated that you get at least 3 penalty points for the contravention then that remains the case even if you plead guilty at the first calling of the case.

The case does state that penalty points and disqualification have to be taken as a punishment element and indeed discounts can be applied where the court considers that an early plea merits this.  Paragraph 167 (Final paragraph) makes it clear that disqualification and penalty points may be subject to a discount in appropriate circumstances. However it states "As sentencers cannot impose a sentence below the statutory minimum, which is a feature of both disqualification and penalty points, those who plead guilty in cases where the minimum sentence of disqualification or penalty points would have been selected in any event, CANNOT obtain a discount in respect of those parts of the sentence. " Clearly the appropriate part of any discount would be reflected in the fine.

Shame as I felt that if the minimum points could be reduced by way of decent mitigation and an early plea there could have been a real significant utilitarian benefit to all as we could clear the lower courts of a vast number of road traffic trials taken by those people appearing with 9 live points and a desperate desire to avoid a 6 month ban.

Statutory minimum sentences can of course be altered where we have the likes of the Drink Drive Rehabilitation Scheme. Successful completion of same means that a driver can reduce a courts sentence by up to 25% hence a 12 month statutory minimum sentence can in fact be reduced by up to 3 months through further statutory provisions of the Road Safety Act 2006

Perhaps our courts should be able to order that drivers undertake further training (At their expense) and reduce the penalty points imposed dependent upon successful completion of some advanced driving style course.

The alternative to prosecution scheme is widely used in England and seems to be worth rolling out on a larger scale where the courts are entitled to exercise their discretion over a wider range of speeds. This would thereby encourage safe driving habits and skills  and  not just penalise drivers with bans and penalty points.

The bottom line of the 61 pages judgement seems to be that we cannot take sentencing discounts of 1/3 rd to for granted. They have to be earned and we now have more direction from the High court about where they apply and the starting point for their consideration.

Since the decision in Du Ploy and section 196 of the 1995 Criminal Procedure (Scotland) Act there has been a firm expectation of a 1/3rd sentence discount where an early plea was tendered but it would seem that the accused will no longer be able to rely on this expectation.

We will have to see how the bench interpret the guidance laid down in this case and see if it makes a palpable difference to how cases are dealt with on a day to day basis. If we see a strong movement away from the 1/3 rd early plea discount we will soon see our court clogging up with cases again.

Justice is certainly not about money but the public do derive a significant financial benefit when cases end at an early stage in proceedings. Some of the statistics referred to in this case demonstrate that point, all too clearly.

Figures for 2005/2006 indicate that an early plea in a High court case would cost the public purse, on average, £348 however if that case went to trial the expected costs would be in the region of £17,492. For a Sheriff court solemn case the average cost of prosecution would be in the region of £6,720 but if dealt with by an early plea £129.

Money is a significant factor but clearly not the most important factor. We should not discount early guilty pleas simply to save a few quid for the public purse. The main issue is how justice is done and how it is perceived to be done by the public in general. If we get into the land of horse trading cases and plea bargaining we may get into the dangerous ground where innocent people feel compelled or pressured into a guilty plea as they prefer the odds in securing a lower sentence. Confidence in our system of justice is at the heart of the matter and a fine balancing act requires to be done by our Judges, Sheriffs and Magistrates in all of our courts.  We will require to rely upon what our Australain cousins refer to as the process known as "instinctive synthesis" (Markarian -v- R HC Australia 25)

It is interesting that the courts seem to be slightly ahead of the legislature on this one by demonstrating that the law in England and Wales is different from Scotland when it comes to speeding offences and other road traffic matters.

As we know the Scotland Bill, when/if passed, will allow the Scottish Government to tinker with the legislation not just in relation to tax raising powers but in relation to matters such as penalty points in speeding cases.

In England and Wales they have the Sentencing Guidelines Council who have issued guidelines on sentencing that suggest that penalty points and disqualification periods should NOT be taken into account when establishing any sentence reduction period. We previously had a similar position following the case of Rennie -v- Frame 2005 SCCR. However, now those shackles have been removed and our courts can take a sensible common sense approach to sentencing in road traffic cases and apply  discount to the points or the period of disqualification where it considers this to be appropriate. The public remain protected, in that statutory minimum sentences cannot be reduced (Except where there is statutory provision to allow same, e.g. Where a Drink Drive Rehabilitation course has been completed)

If/when the Scotland Bill receives royal assent, one wonders if the Scottish Government will be at the forefront of a new penalty points system that rewards drivers for completing further driver training, or if they will just bludgeon Scottish drivers with higher penalty point tariffs and more speeding fines. If they simply go down the "big stick" route they will be open to justified criticism from Scottish drivers who just see these fines as a further road tax. They may also find that there would be a significant political tariff to pay if our drivers felt hard done by.

Increased points and higher penalties will do little or nothing to enhance road safety and the mind set of drivers in Scotland.

We know that the Drink Drive Rehab Scheme works as there has been plenty of supporting evidence published. Speed Awareness Courses seem to work in England but are not widely used in Scotland. The Scotland Bill gives us a chance to address road safety using the "Carrot and the Stick". These courses can be self financed by offending drivers and they can have a significant long term benefit in changing driver attitudes, skills and abilities making the roads safer for all of us.

Penalty Points reduced For Early Guilty Pleas

A little bird tells me that the High court today issued their judgement in connection with the Euan Ross appeal.

Many of you may have followed previous blogs where we looked at the implications of an early plea in a road traffic case.

I am told that Claire Mitchell Advocate, has successfully argued that the principle of sentencing discount which applies in many cases (Ruling in the Du Ploy case)  has now been applied to statutory offences in road traffic law matters that presently attract the imposition of penalty points. I await the full report of the case on the Scottish Courts Website but if this now applies to a reduction of the minimum 3 points there could be a massive reduction in the number of cases that proceed to trial in the Justice of the Peace courts in Scotland.

Our experience is that where a driver is sitting with 9 penalty points on his/her licence, facing a further charge where 3 penalty points will be endorsed,  they are left with an all or nothing dilemma about how to deal with their case. They face a 6 month totting up ban therefore they turn to specialist law firms like our own to find a way out. So much can rely upon the outcome of such a case that clients instruct us to proceed to trial and do all in our power to find any "loophole" or any technical defence that will allow them to avoid the totting up ban.

This is a remarkable judgement and much credit has to go to Claire Mitchell who argued the appeal so clearly and placed all issues before the High court for full consideration on this matter.

It makes clear sense that penalty points should be reduced as they form a strong element of the punishment part of any sentence and since Du Ploy allows a reduction in the most serious of cases it follows that the priciple should also apply in road traffic cases.

At present their is a mandatory minimum ban that requires to be imposed in relation to drink drive offences. 12 months for 1st offence and 3 years ban where you have been previously convicted of a drink drive offence in the past 10 years.  Does the Euan Ross + 6 cases, now mean that courts will be asked to reduce those "mandatory minimum" sentences. I will start by asking that question in court tomorrow!

FREE drink at Christmas Parties!

Drink Driver's May Have Their Cars Impounded

Over 1,000 pubs and bars in Scotland will provide drivers who choose not to drink alcohol with ‘buy one, get one free’ offers on Coca-Cola and Diet Coke until December 31.

The scheme is part of Coca-Cola’s Designated Drivers Campaign. It is great to see a company like Coca-Cola involved in a scheme that treats drivers in a responsible way.  The big alcoholic drink manufacturers tend to have advertising schemes and incentives to lower drink driving but we need more to be done

We now all  realise that drink driving is simply unacceptable and most of us take a responsible attitude to the pressures from the “one for the road” brigade. At a time where we see the Scottish Government trying to make an impact and reduce deaths  from drink driving it is good to see big commercial companies like Coca-Cola getting behind the message.

The present scheme is supported for the first time by the Scottish Government and Road Safety Scotland as part of their festive drink drive campaign which encourages Scots to consider the tougher consequences they face if they drink drive this Christmas. As well as losing their licence with an automatic 12-month ban, those who do so face a criminal record, a fine of up to £5,000 and forfeiture of their car.

It was reported that Transport Minister Keith Brown said:

“Last year over 7,000 people were caught driving under the influence of drink or drugs in Scotland. Those who do choose to get behind the wheel after drinking face even tougher consequences this festive period – as well as losing their licence, being banned from driving and facing a fine and criminal record, they can also lose their car. Coca-Cola’s Designated Driver campaign encourages Scots to give their friends and family a safe lift home, and we’re supporting the scheme to say don’t risk it this Christmas.”

Drink driving cases are tough to defend. There are technical issues involved and drivers are entitled to the full force of a thorough defence however it is fair to say that most cases that we are involved in require a damage limitation approach as opposed to a full out defence and trial. Social mores have changed so much over the past 20 years that lawyers are reluctant to promote the fact that they defend such cases but we take the view that EVERYONE is entitled to the presumption of innocence and the State has to be thoroughly tested if a matter is put to trial. It is not for us to make moral judgements that in any way inhibit our ability to do the best for our clients.  This is the type of thing I am used to saying at a dinner party or social event where I am berated for the millionth time for defending people charged with rape or murder but it is interesting that at this time of year the alleged murders,rapists etc are aligned in the public’s psyche with the drink driver.

Terror on M8

Terror on Scottish Roads

The first incident took place at around 7:50pm on Saturday, when a car passed under the B792 Blackburn to Bathgate bridge and an object struck the roof, causing minor damage.

The second happened on Monday night when a van’s windscreen was smashed by an object that was thrown from the footbridge over the M8 at Blackburn, at around 7:10pm.

Inspector Simon Bradshaw said: “Fortunately, in both incidents no-one was injured, but there is every chance that this mindless vandalism could have had far more serious consequences.” My own view is that it is not “Mindless vandalism” but a premeditated act that endangers the life of road users.

“By compromising the vision of one driver, the lives of every-one on that road are put in danger.

“The M8 is Scotland’s busiest motorway, so these incidents could potentially have caused multiple fatalities.

If you witness this then please get in touch with the police and give them whatever information you can. Maybe it is time for a few less cameras trained on the roads and few more on pedestrians on the road bridges?

Forfeit Your Car If More than 3 times Over the Limit

Don't Drink And Drive This Xmas or ANYTIME

A new drink drive initiative is planned for this year in Scotland. First-time drink-drivers who provide a sample for analysis which is three times the legal limit or more, and those who refuse a breath test, could have their vehicles confiscated and sold off, after conviction.
That would be in addition to receiving a criminal record, a fine and a 12-month driving ban.

The plans come after a forfeiture scheme introduced in 2009 to deal with repeat offenders. Extended in summer 2010 to include drug-drivers. A total of 155 vehicles forfeited, with a further 18 vehicles seized pending court decisions.

According to the latest figures, it is estimated that just over one in seven deaths on Scottish roads involve drivers who are over the legal alcohol limit..Even one death is unacceptable but we have to be realistic in balancing the rights of the accused and the
It has to be said that this type of order sends out a very strong message in Scotland that drink driving will not be tolerated. Clearly that is a good message and one that we all support but I have concerns about the implementation of such a scheme where a car may be a family owned vehicle, a company vehicle or even a vehicle that holds a massive monetary value (Disproportionate punishments would occur, fundamentally a breach of human rights) We see that there would be real and significant difficulties implementing this scheme in a fair and proportionate manner throughout Scotland and therefore we should tread carefully before warmly welcoming this new method of dealing with first offenders

The joint operation between the Association of Chief Police Officers in Scotland (Acpos), other law enforcement partners and the Scottish Government will see more police road patrols over the festive period. All eight police forces will take part in the four-week campaign.

Young Drivers Targetted By Grampian Police

A recent report from the STV website highlights an initiative from Grampian police to stamp out anti social driving behavior by young drivers.
Young drivers in Peterhead were warned by Grampian police after they were caught speeding in a local car park.

Grampian Police carried out patrols in both marked and unmarked cars on Sunday, December 4, within the former Focus car park on Windmill Road, after receiving complaints from the public about anti-social driving in the area.

As a result, three male drivers received formal warnings. If caught again their vehicles will be seized.

As we can see the "Stick" is very much in evidence when dealing with young drivers as the police try to beat them into responsible behavior but it must be about time for the Scottish police and Local Authorities to try something different. Around the world we see initiatives where a section of road is blocked off to traffic and youngsters are allowed to run their vehicles along a stretch comparing them to the spec of other young drivers and their cars. This is done in a safe and controlled environment with the police helping to set up the course. This helps build a strong rapport between police and young drivers and gets away from the them and us attitudes that prevail in Scotland. I am not suggesting that we let them run wild but controlled speed tests on a section of road such as the Esplanade in Aberdeen or some other long stretch that can be cordoned off would be a superb way to let the young drivers let off a bit of steam in a safe stretch of road instead of these illegal "Meets" that go on up and down the country where the general public could have the misfortune of stumbling across them.

The Grampian Police position is rightly that they are committed to tackling anti-social behaviour of any kind. As they said "These three drivers were warned in terms of the Antisocial Behaviour (Scotland) Act 2004, which allows us to take their cars from them should they be seen driving anti-socially again."

They also said "I would encourage members of the public to report any driving they consider to be anti-social and assure residents that that we will continue to vigorously police this type of behaviour and deal with it firmly."

I on the other hand would encourage the police and Local Authorities to look at new ways of dealing with this old problem. Try using the carrot and not just the stick.
Most of these youngsters are really decent young men and women who have spent their hard earned money on customising their cars and they just want the chance to show them off to the best of their ability. We are not talking about an unofficial speedway here, this is just a matter of letting real car enthusiasts let off some steam and train them in safe driving methods and responsible use of their vehicles.

Ban Under 25 Years Olds From Night Time Driving !!

The Glasgow Herald Reported to day that Insurer’s have called for a ban on under 25 year olds from driving.

The Association of British Insurers said the measures would cut UK road deaths and help drive down policy premiums.

Its recommendations were made ahead of a report by the RAC which found the costs of motoring had soared by 14% over the past 12 months, with drivers now paying more than £6600 a year to own and operate a car. The latest hike means it now costs an average of £1556 more a year to own and run a new vehicle than it did in 2007, before the UK was gripped by recession and fuel costs rocketed.

The ABI’s proposals to take a “tough love” approach to drivers under 25 include introducing graduated licences which would carry restrictions on where they could drive immediately after passing a test, with further testing needed before a full licence was granted. The approach has been shown to reduce fatal accidents elsewhere in the world.

Similar curbs, including a ban on night-time driving, were recommended in a report published in March this year which was commissioned by Government agency Transport Scotland as part of a drive to achieve Scotland’s ambitious targets for cutting road casualties. They are still being considered by ministers.

My own view is that these insurance companies need to realise that they have a duty towards young drivers. They are not slow to take massive premiums from them and then they have the audacity to ask the legislature to sort the problem by introducing draconian legislation that inhibits the ability of young drivers to use their cars. Where would this unworkable nonsense take us? “Night” starts in the afternoon in some parts of the country in the middle of winter!

Driving at night is often the main reason parents want their kids to be able to drive to enable them to attend their many social functions, responsibilities and indeed jobs. Since this group of drivers have been identified statistically as presenting an increased risk then the appropriate way to deal with that is to reward good, young drivers and those that are willing to have devices in their vehicles that monitors their use. Lets start rewarding young drivers and increasing the level of training available to them instead of just hammering them with heavy insurance premiums and laws to keep them off the roads

Young Scots Drivers Need Big Brother Cameras In Cars

From a recent report in the Glasgow Herald it is apparent that a new mind set and perhaps new technology could help young Scots become safe drivers.

We now have the technology to put video cameras and black box devices into cars to track how cars are being driven and when linked to Insurance premiums it can have a dramatic effect upon attitudes and driving styles of youngsters.

A recent survey by road safety charity Brake revealed that 57% of 17 to 24-year-olds have been endangered by their friends’ driving while travelling as passengers.

The findings, released yesterday to mark the launch of Road Safety Week, also showed that half of young people often fear for their lives when travelling with a young driver at the wheel.

Brake is now calling for changes to driver legislation, including “graduated driver licensing” which would see a minimum learning-to-drive period and restrictions for novice drivers.

The charity claims that this could save 200 deaths and thousands of serious injuries each year.
Young drivers aged 17 to 24 are involved in a disproportionately high number of crashes which often result in death and serious injury.

What we really require here is not just a Government initiative but real genuine premium discounts from the insurance companies that reward young driveers for allowing “Big Brother Technology” to ride in their cars with them. If young drivers can see the financial benefits then there will be a real incentive for every young driver to change attitudes and driver performance. No young driver thinks it will be him or her that is involved in a road traffic accident but the sad fact is that the statistics show a real need for change. Every young driver knows how expensive it is to insure them to drive and every individual could make an informed decision about the use of new technology to monitor their driving and push down premiums.

If you need proof of the need for change just look at the statistics produced by BRAKE.

Every week in Scotland a young person is killed in a road traffic accident, while serious injuries – including brain damage, paralysis or loss of limbs – occur every 19 hours.

UK-wide, young drivers account for one in four road deaths and serious injuries – 17 deaths or injuries a day – despite making up just 12% of licence holders.

Brake claims that changes to the legislation would prevent 22 deaths a year in Scotland alone and save the economy £80 million.

The majority of the 933 young Scots questioned in the survey supported a tougher regime, with 81% in favour of at least one type of licence restriction such as a zero-tolerance alcohol limit or tougher penalties.

The study, carried out in partnership with QBE Insurance, also revealed that 22% of young people have been a passenger with a young driver who had been drinking or taking drugs.

One quarter admitted to not wearing a seat belt, while 55% said they have been a passenger when speed limits were breached by more than 10mph.