East London Solicitors

Traffic law

Most people who have a licence have committed a traffic offence whether minor or major (they might not have been caught but offences have certainly been committed). This can include the less serious offence of speeding or more serious offence of drink driving. These FAQs will consider three of the most common types of offences: drink driving;  driving without insurance and failing to stop after being involved in an accident.

Drink Driving

The three main types of drink driving offences are:

Driving or trying to drive a motor vehicle while over the limit (80 miligrams of alcohol within 100 ml of breath)

Being in charge of a motor vehicle while being over the limit

Failure to provide a roadside test or specimen

What happens if I fail the screening roadside test ?

If you are stopped by police and they ask you to take a roadside test because they suspect you have been drinking and you fail to comply for whatever reason you will be arrested and escorted to the police station. You will then be expected to provide a specimen.

If I am found near or in car can I be arrested ?

Yes, if the police suspect you are in charge of it the police are entitled to arrest you and require you to take a breath test. You will have the possible defence of, on the balance of probabilities, proving that you had not driven the car while over the limit.

Can I obtain legal advice before providing the breath tests ?

No, and any delay can be considered as refusal. It is recommended that you provide your breath unless you think the reading will be considerably high. You may be able to call your solicitor at the discretion of the Custody Sergeant but only if this is unlikely to delay the test.

No Insurance

Is insurance necessary for every driver ?

Yes every driver of a vehicle is required by law to have third party cover. This means that you must be covered if any claim is brought against you for damage or injury.

Do I have a defence if I am driving an uninsured car?

Generally no. As this type of offence falls under strict liability offences even if you believed your vehicle was insured you may not have a defence.

I am an employee and reasonably believed the car was insured. Do I have a defence ?

If you are driving your employers vehicle and reasonably believed the vehicle was insured you will have a defence.

Failing to Stop and Report an Accident

If you cause injury to a person, or damage a vehicle or property while driving you must stop immediately. If asked for your details by the police under law you give them. This includes your name, address and car registration.

Are there any defences available ?

Yes. You will need to show that you honestly were unaware that an accident  had occurred.

What happens if I don’t stop after an accident ?

Failing to stop at an accident is punishable by a fine or in some cases imprisonment for up to 6 months.

What should I do if another driver or passenger or pedestrian has been injured ?

You must produce your car insurance to the police. If you do not have it there and then you must produce it as soon as possible thereafter.