Could a loophole in traffic law reduce penalties for you?

Driving is a dangerous business and as a result road traffic law is complex covering all aspects of driving on the road. In the best interests of the public the police enforce these laws zealously. If you are caught speeding or committing other motoring offences the penalties can be severe with a custodial sentence possible in some circumstances. However using motoring solicitors there are ways to utilise loopholes or technicalities to achieve a lesser penalty for driving offences.

Charged with a mobile phone offence
It is now a criminal offence to operate a hand held mobile phone whilst driving. The law came into effect in 2003 and has been accepted by most motorists. However this law is regularly broken and although it is illegal to communicate using a hand help device whilst on the road there are some grey areas surrounding other uses. There have been high profile cases where a mobile phone offence was overturned as the defence maintained the mobile phone was being used as a dictation device.

People can feel unsure as to what telecommunication actually covers and the circumstances when a phone is deemed to be ‘hand held’. There are other grey areas surrounding emergencies. It is also difficult for the police to confirm whether a driver was holding a blue tooth earpiece, an iPod or a mobile phone unless the driver admits to the motor offence. In one case the charge was disputed on the basis that the driver was in fact holding a black pudding!

Caught speeding
Speed cameras are very often demonised issuing a speeding penalty for speeds just one increment over the legal road limit. However they do prevent hundreds of accidents a year and definitely reduce speeding. However the process from camera flash to the receipt of a penalty notice is complicated and can be open to error. Speeding solicitors can expertly contest a charge in these circumstances.

At Cunningham’s Solicitors we offer professional legal advice.

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