New Drivers

Posted by Tim Williamson on
New drivers
Blake Morgan's Driver Defence team is the leading team of specialist road traffic lawyers in the South of England.  We have been recognised by legal directory Chambers and Partners: A Client's Guide to the Legal Profession 2017 as a Band 1 firm in this field.  Our team of specialist lawyers travel all the country to help motorists facing a driving ban or having penalty points put on their licence. Our work has taken us to Magistrates and Crown Courts all over the country.  Many of our cases have reached the Higher Courts. 
If you are a new driver and passed your driving test less than 2 years before the date of the offence you are now facing you need to take specialist advice. 

If a driver accumulates 6 points within the first 2 years since passing their driving test their driving licence will be revoked by the Secretary of State. There is no right of appeal against this decision.  However the circumstances of the case may be such that the Magistrates might consider imposing fewer than 6 penalty points or might be persuaded to impose a short period of disqualification as an alternative. It can take many months to book a re-test and in those circumstances a short period of disqualification rather than 6 penalty points might be a more lenient sentence. 

Failing to Stop / Report an Accident

If you have an accident what should you do?

The law states that if, owing to your vehicle being on the road, damage is caused to another person's vehicle or another person suffers injury then you have to stop and exchange details. A motorist is not required to literally stop in their tracks.  However they must ensure that they stop as near as practicable bearing in mind traffic, location etc.  If details are not exchanged then you must report the accident to the police as soon as reasonably practicable and in any event within 24 hours.

Many motorists contact Blake Morgan's Driver Defence Team because they have received a notice of intended prosecution / request for driver details pursuant to Section 172 Road Traffic Act 1988 and they are unsure about what to do.  Sometimes the motorist does not know they had been involved in an accident in the first place.  It is important to get specialist advice so that your lawyer can explain the various options available to the police and the likely next steps. 

Penalty

If the case reaches court and a person is convicted of either offence (or both), the court will impose a sentence of either a fine, a community order or up to 26 weeks custody in the most serious cases and either a disqualification of between 12 and 36 months or 5 to 10 penalty points.  

About the Author

Tim is a leading Criminal and Regulatory lawyer, who defends businesses and individuals under investigation by the police and regulatory bodies and when accused of criminal offences.

Tim Williamson
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023 8085 7372

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