#DRIVINGSELFIE – More like #DRIVINGSELFISHNESS! Guest blog by Vicky Miller

Have you joined the #drivingselfie craze? When the heads of states are at it, at Mandela's funeral no-less, and then the mass hysteria that followed Ellen's famous Oscars "selfie", it is no surprise that the craze has spread to the UK!

  

Well before you think about taking a quick "selfie" behind the wheel – think again!

It has been reported today by research conducted by confused.com that 1 in 14 motorists (7% of drivers) have taken a shameless "selfie" whilst driving. The most common culprits being those aged between 18-24 years with 1 in 10 admitting to using Snapchat whilst driving. With the recent launch of Snapchat it has become common place to send your friends, family and in fact anyone on your contact list the most random photos you can find. Most will think this is harmless fun without even thinking of the implications and risks this may cause to themselves and other road users. In fact, you will also be breaking the law!

Taking your eyes and hands off the wheel for even a split second could result in an accident. It has been found that 1 in 10 motorists who have used their mobile phone whilst driving have had an accident as a result. In our experience, when the police are investigate any serious collision, they immediately seize mobile phones, laptops and iPads to check whether or not they were in use during the course of the journey. A serious accident combined with mobile phone use will almost certainly result in a charge of dangerous driving which carries a possible 2 year prison sentence.

If you are caught mid-pose by the police you could be issued an on the spot fine and 3 penalty points for what they will say is “not being in proper control of your motor vehicle” or usingyour mobile phone whilst driving, which last year the police issued 118,000 of these out. In the more serious circumstances the police could charge you with careless driving which could result in a 3-9 penalty points, a disqualification and a hefty fine.

If you are someone who likes to keep up with the trends and send quirky selfies to your friends then don’t let this killjoy deter you! By all means, keep taking selfies, even whilst you are in your car, as long as it’s parked up with the engine off that is!

Guest Blog by Vicky Miller

Happiness is NOT a ‘car park’ called the M62 - Guest Author - Paul Loughlin

Does it make you happy sitting at the traffic lights watching a guy in a Volkswagen Passat, who is unavoidably in your eye line, going to great lengths clearing out the contents of his nose with his finger?! Me neither! With today being National Happiness Day I took some time to think about how driving can make me happy… or in deed quite the opposite!

  

Many of my team at the Manchester office, myself included,  have a peak hour commute that can feel like a working day before getting into the office, such is their commitment to the cause! In fact many of us are increasingly having to suffer these journeys. TomTom released the 6^th edition of its Traffic Index in November 2013 which showed that on average British commuters are spending 9 working days per year stuck in traffic.

It is unsurprising then that we are receiving a number of enquiries on a daily basis relating to incidents where inconsiderate driving or even in some situations dangerous driving has been alleged. A number of people are looking to defend or to plead guilty and mitigate for a moment of madness caused by the build-up of stress on the roads.

The impact of the build-up of stress and anxiety on the roads is such that a concept is being developed by researchers at the Swiss Federal Institute of Technology to embed facial recognition into steering wheels. This is aimed to detect angry or upset drivers! Amongst its other features is to measure the percentage of eyelid closure for drivers to detect driver fatigue.

This is clearly a sign that driving and the stresses associated with it is becoming more and more relevant in everyday lives. Everything we do on the roads now is scrutinised to the extent that the man picking his nose could be cited by the police officer driving in the lane next to him for not being in proper control of his vehicle (an offence that carries 3 penalty points and a £100 fine).  Just as easily, an incident of road rage stemming from a frustrating morning of stop/start traffic on the M62 could lead to being reported for dangerous driving if you undertake a particularly frustrating ‘fast’ lane driver.

A study carried out by Three Barrels Brandy in 2011 found that out of the top 50 things that make us happy only three of them related to driving:

• At number 46 was the unexpected joy of being given an unexpired car parking ticket by someone leaving the car park on your arrival.
• Slightly higher was the feeling of passing your driving test which was placed at number 42.
•  As high as number 12 was the feeling of letting go when you drive with your window down on a sunny day.

The thought of driving in modern Britain is more likely to fill people with dread and anxiety rather than thinking of the stress releasing feeling of driving on the open road, with your window down on a sunny day with your favourite Oasis songs blurring from your stereo. Even then you have to be aware not to get too enthusiastic to the extent that you inadvertently go over the speed limit and get caught by a speed camera you were unaware of or a mobile unit you didn’t see until the last minute!

We at Geoffrey Miller Solicitors specialise in all matters relating to driving offences and are here to make sure that your driving experience, happy or not, can continue by helping to keep hundreds of motorists on the road each year and making sure that the demands of modern life can be met and ultimately keeping you happy!

Guest Blog Author  - Paul Loughlin

Sources:

http://www.tomtom.com/news/category.php?ID=4&NID=1481&Lid=1

http://www.bbc.co.uk/news/technology-26549273

http://www.express.co.uk/news/uk/280424/From-chocolate-to-sunshine-50-things-that-make-us-happy

The first thing we do, let's kill all the lawyers. -William Shakespeare, Henry VI, Part 2

I remember when I went to a gold Duke of Edinburgh awards ceremony back in 2010. I was lucky enough to not only meet Prince Phillip but I also received a guided tour of St James’ Palace with my other half which was simply breath-taking. Sadly, however, we shared the day with another couple who, when they discovered I was a lawyer, said in unison without any qualms, “We hate lawyers!” I thought they were joking at first but soon realised they truly did despise my profession and as a consequence, me!

So what is it about us legal folk that makes us so unpopular?

I specialise in two areas of law that come in for a lot of criticism from the press and the general public so I suppose I experience a double whammy when it comes to trying to overcome preconceptions.

I established boutique personal injury law firm, JS Miller Solicitors, in 2001 when I had a strong desire to help those who could not help themselves to right a wrong. Since then I have helped countless clients achieve justice and supported them through when can only be described as horrific accidents and the devastating losses they can bring to the victim. That doesn’t stop some from brandishing me and my colleagues as an “ambulance chaser!” If only they knew the dedication, passion and hard work that is invested in our clients’ cases…

Then, in 2005, I was forced to expand into the area of motoring law due to my father, the founder of Geoffrey Miller Solicitors, unexpected ill health. I had dabbled in criminal law as a trainee solicitor but had chosen against working in that field mainly because of the unsociable hours and unpleasant clientele I encountered. (Being accosted at the police station by a client who wasn’t getting bail being a particular highlight!)

Even though I chose against a “life of crime” or at least, a career in the world of criminal law, I never once blamed the lawyers for their clients’ misdemeanours. Those who take the view that the lawyers who defend the accused are to blame for the alleged crime should go and live in North Korea where there is no such thing as a democracy! Don’t get me wrong, when I hear of murder cases and heinous crimes being tried at court, I get shivers like the majority. I have the natural reaction of putting myself in the shoes of the victims and feel blessed to have my family and loved ones around me, well away from anything like the horrors sometimes uncovered in court.

I would be far more horrified, however, to live in a country where the accused is denied representation or the right to defend themselves because the crime they are accused of is something the majority thinks is heinous.

In my motoring practice, I represent clients for offences ranging from causing death by dangerous driving to drink driving and minor motoring charges. I can understand why motoring offences get people hot under the collar but I can also understand my clients, some of whom suffer from addiction issues, or have simply made one off foolish errors of judgement. If ever I decided not to pursue a valid legal point or exploit a “loophole” in my client’s defence, because it would be seen by some as morally wrong, then I would be negligent.

Solicitors’ duties are defined by the Solicitors Regulation Authority:

You must:

1.    uphold the rule of law and the proper administration of justice;

2.    act with integrity;

3.    not allow your independence to be compromised;

4.    act in the best interests of each client;

5.    provide a proper standard of service to your clients;

6.    behave in a way that maintains the trust the public places in you and in the provision of legal services;

7.    comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner;

8.    run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles;

9.    run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and

10. protect client money and assets.

Nowhere does it state that the lawyer must decide who is truly innocent or what is morally acceptable and only represent them. 

My job is not to judge. My job is to do whatever is lawful and in the best interests of my client whilst complying with my duties to the court and professional obligations.

So next time you are tempted to think disparaging thoughts about my profession, remember this quote and take up your gripe with those who make the laws, not those who interpret them:

The power of the lawyer is in the uncertainty of the law.

Jeremy Bentham

Motoring Law Advice For New Drivers Starting An Apprenticeship

Today is the first day of NationalApprentice Week. Many apprenticeships will involve the need for a clean licence to drive to and from the apprenticeship itself or possibly to perform the apprentice role. Most apprentices will be classed as a "New Driver" and so we have set out some of the basics to ensure that all new drivers are fully equipped for the extra miles their apprenticeships may entail.

There is the risk that the more miles you drive the more likely you will commit minor motoring offences. We know that many low speed offences are more often than not unintentional. However, you should bear in mind that in addition to driving within the relevant speed limits, even checking Facebook or sending a “Snapchat” on your phone could result in 3 penalty points or even worse, an allegation of careless or dangerous driving.

Snapchat whilst driving at your peril!

As part of your apprenticeship you may be driving through unfamiliar areas meeting clients, working on sites and you may be doing your best to keep in contact with your new employers. Not paying attention to the road, speeding or being on your phone could result in a fixed penalty ticket of 3 points and £100 fine.

The majority of motoring offences carry endorsement which means you are likely to receive penalty points or a disqualification from driving.  

All new drivers who have held their full UK licence must be aware of the “New Driver” provisions. If you were to receive 6 penalty points within the first two years of having passed your driving test, the DVLA would have no option but to revoke your licence.

Any points that you have accrued before passing your test that are on your provisional licence will lay dormant on your driving record. This does not mean that once you pass your driving test your licence will be automatically revoked, it is only when further points are added that this will trigger the new driver provisions. 

Unfortunately, these provisions can be devastating if your apprenticeship requires you to be able to drive. 

The revocation means you will be unable to drive again on a full UK licence until you have passed both your theory and practical driving tests again.

During the revocation period you could apply for your provisional licence again. Once you have the provisional licence you must only drive if you have a passenger in the vehicle who is aged over 21 and has held a full UK driving licence for over 3 years. You must also display L plates and be fully insured to drive the vehicle.

Once you have passed all of the requirements to get your full licence back, the new driver provisions will not apply to you again. You can only be caught once by the new driver provisions with the same type of licence. If you subsequently pass another kind of driving test (for example, a motorcycle licence) the new driver provisions would apply to this licence.

As a precautionary measure remember these three tips to avoid being caught out by the new driver rules:  

1. Do not use your mobile phone whilst driving unless the vehicle is stationary and turned off;
2. Always stick to the speed limit and if you are unsure drive at 30mph in built up areas; and
3. Ensure you are in proper control of your vehicle at all times – so not eating a Big Mac whilst you are driving!  

Motoring "Floodgates"

David Cameron has quite rightly described the flooding which has hit the South of England this year is a “tragedy” . Whilst the flooding itself is something over which motorists have no control, we have highlighted a couple of specific flooding related issues that could have an impact on your driving licence and pocket.

Road closures:

Understandably, due to the uncertain and unpredictable depth of flooding in certain parts of the roads, along with the risks of driving through them, steps have been taken to close a number of roads which are deemed unsafe.

These signs are there for a reason and should be obeyed. Failing to adhere to temporary road signage warning of flooding could result in a prosecution and fine, usually costing around £60.00. 

However, there are far more costly ramifications of being stranded along a road flooded road. The vehicle could be damaged to such an extent that it is written off, and the driver could be at risk of injury or even death. 

Driving without reasonable consideration for other road users:

Even where a road is not closed due to flooding, all drivers are at risk of receiving penalty points when driving on wet roads if you do not take extra care due to the higher risk of skidding etc. 

A less common scenario that could result in the prosecution of motorists is connected to the interaction between the motorist and pedestrians during wet weather spells. 

In 2005 a gentleman from Somerset received three penalty points and a fine of £150 for accidentally soaking workmen. A further case in 2009 saw a professional female lady prosecuted for filming her “happy splashing” and posting the video on YouTube.  

(Source- www.metro.co.uk)

Driving through puddles and deliberately soaking pedestrians could result in between 3-9 penalty points if the driver is found to have driven without reasonable consideration for other road users, regardless of any intention to splash. Deliberate attempts to drive closer to the pavement in an aim to soak pedestrians could result in loss of control of the vehicle, putting the safety of innocent pedestrians at risk.  The Crown must prove that another person was inconvenienced as a result of the motorist’s actions. This can be easily established in the case of an innocent pedestrian waiting at a bus stop who is drenched as a result of a driver who fails take appropriate consideration.

Whilst the potential to prosecute motorists for this offence is widely known by those in legal circles, most pedestrians are unaware of the formal punishment that the offenders may face and therefore most never report the offence.

Our Advice

We expect those affected by the floods will be preoccupied by the emergency measures being taken to prevent the loss of life and property. However, we may yet see a rise in flooding related motoring prosecutions.

As with the majority of steps that can be taken to avoid committing a motoring offence, motorists are advised to take care both of themselves and other road users, and employ a degree of common sense when driving in wet conditions. 

Five Simple Checks That Keep You Street Legal On The Road

(Source)

The Police do not require a reason to stop a motorist who is driving. This can also apply to anyone who is attempting to drive away. Even if you are not driving and in charge of a motor vehicle that is on the public highway, an officer has the right to ask for a routine check. If they choose, the Police can then ask you to provide your name, date of birth, insurance documents and driver’s licence details. Failure to comply with any of these requests can constitute an offence. You can see elsewhere on motoroffence.co.uk what to do if the Police subsequently ask you to come into the station for an interview. However, it is better to avoid this in the first place by undertaking simple checks that will satisfy the officer you are street legal in the first place.

Test Your Car’s Brakes

It is a legal requirement that your braking system performs as it is intended to, which means that there can be variations, depending on your manufacturer’s specifications. Your brakes need to be tested as part of your MoT, but they must be in good working order between these regulatory tests, too. Take the time to test your brakes on a quiet stretch of road – checking your rear view mirror before doing so. When stationary, apply the foot brake and have a friend check that your brake lights come on properly. Get a professional to overlook your system if your brakes feel spongy or the lights don’t work correctly.

Measure Your Tyre Tread Wear

All tyres wear out over time. They are designed to, but different tyre compounds wear at differing rates. By law, any tyre fitted must be compatible with the others on your car. Your tyres must not show any bulges and they must not have any tears. Tread depth must be over the legal minimum which is 1.6 mm for cars. This must be maintained throughout a continuous band in the centre portion of the tyre around its entire circumference. You don't have to carry a spare but, when fitted to the vehicle after a puncture, then it must then comply with the law. Have your tyres checked by a specialist, like point-s.co.uk, if you are in doubt or you can also buy a new set of tyres from them.

Test Your Handbrake

Most mechanics recommend that a handbrake is tested once a month. Do this by pulling away slowly and gently applying it. The car should slow. If your car starts to roll when parked on hills or the handbrake has to be applied at an angle of more than 70 percent, then you should visit a garage to get the problem corrected. Failure to do this may mean you roll backwards on hill starts, which could lead to your harming pedestrians and other road users. Without a properly applied handbrake, you may expose yourself to a charge of leaving a vehicle in a dangerous position.

Check Your Head Restraint

If your car is able to go in excess of 100 kph – and all modern cars can - then you must have a head restraint for the driver’s and passenger’s seats. It is worth adjusting them so that they will cushion your head in the event of an impact from behind. However, the law does not require the head restraints fitted are adjustable. Bear in mind, however, that slip-on style head restraints are not deemed to be lawful.

Check Your Luggage Is Stowed Properly

Store your luggage securely in the boot with the heaviest items at the bottom. Unless the weight of the luggage you are carrying exceeds 3.5 tonnes then there is no legal requirement you need to worry about to transport it. If you go over this limit, however, you need a goods licence. When it comes to roof racks and to strapping items to the top of your vehicle, then the law promotes reasonable use. If, however, your load blocks your vision or there is a chance that it could work free and fall off, then you can expect the Police to intervene.

Caution - Not All Client Testimonials Are To Be Trusted!

We at Geoffrey Miller Solicitors take great pride in our bank of online client testimonials. We have collected over 100 testimonials since the firm started to request them back in 2005. All of the people providing testimony to our services as expert motoring lawyers are real clients of the firm (even when names have been withheld.) It may be surprising to see that last sentence. Of course they should be real but we know from first-hand experience that some law firms are less than truthful in their marketing materials.

Stolen Testimonials

Back in 2008, we were made aware of a firm that used details of our clients’ cases without permission from the clients and they also sought to pass them off as their own clients rather than clients of Geoffrey Miller Solicitors! We successfully pursued the firm  and we and our clients succeeded in recovering a donation to charity and damages respectively.

Fake Testimonials

Now in 2014 we have been made aware of another firm using the powerful tool of client testimonials in an unscrupulous manner! The image used on the personal injury law firm’s website came as a bit of a surprise when it was sent to me by a colleague! I had morphed into a Mrs Barnsbrooks who sued her employer for an accident at work. Not really, my image had been lifted off the internet by a law firm and they held me out as one of their clients!

It was a shame really as when they received a letter from my lawyers, they tried to justify the clear case of “passing off” as an honest mistake and tried to argue that the damage was not significant as they were actually a brand new firm and had not yet commenced trading! Begs the question how they were able to have testimonials in the first place and claim to have been a leading law firm?

Again, not motivated by personal gain, I sought to have my image removed from the offending firm’s website and they have agreed to make a charitable donation. This time to a charity that is close to our hearts set up in memory of our Operations Manager’s brother who died in 2013 following a long history of mental illness:

http://www.justgiving.com/Anthony-Seddon

Geoffrey Miller Solicitors’ Interactive Testimonials

I have known for several years that testimonials are one of the best ways to successfully market a business. However, I have also known that the consumer (quite rightly it would seem) can be a cynical “so and so!” 

This is why in 2010 I devised a unique interactive testimonial scheme where not only can the prospective client read about our (real) client’s experience of us from their written description published online, but they can also make direct contact with the referee to verify what they have said and ask any questions they want about us. We are not involved in the process and don’t even know when a prospective client makes use of the “Ref Me” scheme. I wanted to create a tool that was the next best thing to asking a trusted friend for a recommendation because when a client comes recommended, their suspicion and fear is massively reduced. 

We are in the business of selling solutions and providing relief to clients who often sorely need this. The last thing they want is to be duped by the lawyer who uses fake or stolen testimonials to capture their clients!

Hopefully, our  “Ref Me” scheme reassures clients that we are what we say we are, and, even more importantly, what our client Julie says we are – the best motoring solicitors in this country!