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Motoring Offences: Loophole Facts and Fiction

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Motoring offences are among the most common reasons that people find themselves in trouble with the law. Many otherwise law-abiding people get caught transgressing the laws of the road. A lot of “facts” get put around surrounding this type of offence. Some of these are true, others are somewhat more questionable.

If you are facing the prospect of a penalty for a motoring offence, it is definitely worth separating the fact from the fiction. Our motoring offence solicitors look at the facts and fictions of road traffic and motoring law.

Facts

When the police pull you over, there are certain things that they are required to observe. For example, the popular idea that they must be in uniform is entirely true. They must also explain exactly why they have pulled you over and what offence they believe you to have committed. They do not necessarily have to issue a formal notice, so you may get off with a warning. Should they not issue a fixed penalty but wish to initiate court proceedings against you, they must do so within six months. They are not required to contact you first.

Likewise, there are some requirements that you must observe. For example, you are required to show your relevant documents if they ask you to. If you don’t have those documents on you at the time of the stop, you must do so within seven days by taking them to a police station. When a fixed penalty notice is issued, you must accept or reject it within four weeks (28 days).

Likewise, there are certain requirements that apply when you are issued a penalty for speeding after being caught by a speed camera. The notice must be sent to you within 14 days of the speed camera flashing you (note that this applies to the date the notice is sent, not the date you receive it). The notice must also be signed on behalf of the police.

The vehicle’s registered keeper must respond to the notice within four weeks (28 days) and must identify the driver of the vehicle at the time of the incident. The registered keeper must also sign the declaration confirming the accuracy of the information given.

Fictions

A number of myths and fictions exist surrounding both police stops and speed cameras. For example, there is a popular misconception surrounding the fact that the police must be in uniform when they pull you over for a motoring offence. Some people claim that the police are not legally uniformed if they are not wearing their hat and this can be used as a loophole, but this is a complete myth.

Likewise, there are certain misconceptions surrounding alleged loopholes when you have been flashed by a speed camera. Some people believe that the notice is not valid if it takes more than 14 days to reach you, so if you are lucky and it gets delayed in the post you must be let off. However, as discussed above the 14 day requirement applies to the date the notice is sent. There is also a myth that signing the declaration to confirm that information given is correct is a violation of the human rights act, and you can therefore obstruct the penalty by refusing to sign. This is entirely untrue, and you are required to sign this declaration.

This article was contributed by Chiltern Law – criminal solicitors Maidstone, specialists in criminal defence, motoring and road traffic law.

The post Motoring Offences: Loophole Facts and Fiction appeared first on Solicitors News.


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