Happy Asparagus Month! Guestblog by Jonathan Berry

We like to provide interesting information about motoring law in our blogs and other online material. So, when I was informed that May is “National AsparagusMonth” and I was to somehow link motoring law to this, I accepted the challenge!

How on earth can a specialist motoring solicitors write a relevant blog on asparagus I hear you cry?!

Well….

Source: www.expats.cz

Asparagus is a classic vegetable usually accompanied on a plate with a nice fillet steak. Unfortunately, the humble asparagus gets a lot of bad press! Whenever you hear people mentioning that they had asparagus for tea last night, most people’s instant reaction is “Doesn’t that make your wee smell?!”

Wait for it… here is the (tentative) link...

Out of all of the drink driving procedures commenced at the police station, urine is the most uncommon. The procedure will usually start with a breath test. If the machine is not working or you are physically unable to provide a breath test due to a medical condition, you will be REQUIRED to provide either a blood or urine sample. 

In cases where you have blown between 35ug and 50ug, you will be given the OPTION to replace the breath test with either a blood or urine sample. Most police stations will opt for a blood sample which will be conducted by the Doctor or Health Care Professional. Some however will opt for urine.

Now, don’t worry, asparagus and the smell of your urine will not affect the drink drive procedure and it is completely safe to eat asparagus and drive. There is no medical evidence to suggest that asparagus can have an adverse effect on your driving ability.

I am reliably informed that the "delightful" smell that accompanies the consumption of asparagus comes from the way certain chemical compounds in asparagus break down inside the body. (I told you the link was tentative!)

Whilst it is completely safe to eat asparagus and drive, it certainly isn’t safe to drink and drive.

What is the legal limit?

The legal limit for a urine sample is 107ug per 100ml urine.

So how many pints/glasses of wine can I have to be under the limit?

Unfortunately, there isn’t a definitive amount of alcohol you can consume to be under the limit. Your alcohol levels will be dependent on many factors such as height, weight and waist measurements along with the times of your drinks.

What is the procedure after providing a urine sample?

After providing a urine sample at the police station, you will be given a bail date to return to the police station. This may be up to 3 months as the police will have to send the urine sample off to a laboratory for forensic testing. Depending on the result, you will be charged and bailed to attend court or released without further action being taken against you. You should also be given your own urine sample so that you can have this tested. It is strongly advised that you get this sent off for independent testing and you should receive a leaflet at the police station with details of independent analysts you can approach for this.

What should I do once I have left the police station?

If you are waiting for test results or have been charged with drink driving following a urine test, we strongly recommend you get in touch immediately for advice from our team of experts.

What sentence can I receive?

With that legal limit in mind, a borderline case can result in a minimum 12 month driving disqualification. In severe cases of high readings, up to 6 months imprisonment can actually be considered by the Magistrates’ Court.  If you have a previous conviction for an alcohol related offence within the last 10 years there is a minimum of 3 years disqualification.

What are your success rates?

In 2012, we successfully defended 100% of urine cases, and in 2013 we successfully defended 75%. Since January 2014, we have secured acquittals for 100% of our clients facing urine drink driving charges.

Call us now on Freephone 08000852784 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you.

It’s good to walk… when it’s your choice that is! Guestblog by Paul Loughlin

Do you walk to work? More importantly, could you walk to work even if you wanted to? Most of us nowadays find seldom opportunity to stretch our legs given our ever more chaotic lifestyles. Walking offers so many benefits not least the benefits to health. It is National Get Walking Week as promoted by www.ramblers.org.uk  until 10 May 2014 and we are encouraged to get out and walk. As the recently departed Bob Hoskins famously said in a 90's advertisement campaign, ‘It’s good to talk’, and Ramblers could be well served in borrowing from that to say ‘It’s good to Walk’. But is it always?

http://www.ramblers.org.uk/go-walking/get-walking-week.aspx

Could we all get by just walking?

No doubt walking is something that most would agree needs to be encouraged but aside from rambling in the hills and brisk walks about town we seldom find much time to make walking a practical part of our daily lives.

‘Driving me lazy’, or just plain necessary?

We’ve mentioned walking to work because, let’s face it, our longest, most important critical journeys of the day tend to be based around getting to and from work. For most of us to try doing that would be inconceivable. Walking to work simply wouldn’t be an option.

The latest census, carried out in 2011 shows that out of 41,126,540 people 37.1% drive to work whilst a paltry 6.9% make the journey by foot. Taking into account the location of the Manchester offices of Geoffrey Miller Solicitors it is interesting to note that in the city of Manchester a lower figure of 25.1% drive to work compared to 8% who walk. Our London office can look to an even smaller figure of reference of 18.3% who drive to work and 5.8% who walk.

Walking as a functional part of everyday life is clearly reflective of the surrounding circumstances of an individual. The location; the type of work; the distance of the commute; the transport infrastructure are all relevant to whether it is feasible to walk to places when we need to be somewhere. For the most part those of us who drive do so because we have to.

This isn’t what the Ramblers Get Walking Week week is about of course. It’s about encouraging more people to walk when they get the opportunity to get some of the many benefits from doing so. Imagine if that isn’t a choice though. Imagine if you were forced to consider walking more places. Whether it be walking the whole journey or walking in between various forms of public transport it would put a lot of us in a lot of difficulty, not just for getting to work but as part of our jobs in some cases!

We help thousands of people in that position who contact us and ask us each year to find a way to help them keep their licences and keep them from having walking forced upon them, ultimately asking us to help them keep their jobs and livelihoods! We have a phenomenal success rates in helping our clients achieve this objective so please make sure you do give us a call should you have a motoring query of any type. Make sure that any time you walk in the future is your choice and you take the view that ‘It’s good to walk!’

Sources: http://www.theguardian.com/news/datablog/interactive/2013/feb/01/cycle-drive-work-map-census-2011

St George, Dragons and Road Rage!

Guest Blog by Ali Ashworth

St Georges’ day is our opportunity to celebrate all things British, and our opportunity to celebrate our patron saint, who famously slew a dragon….. Or so they say.

One of the oddities which the English are renowned for is our nervously polite disposition, and common sense of courtesy. Who has not had the experience of being brushed past in the street from another person and then actually said “sorry” themselves?

Unfortunately this polite disposition is sometimes tends forgotten as soon as people turn on their engines.

In the days when St George was alive, the only method of transport was by foot or on horseback. Both left you pretty exposed. However these days, many people get into their cars feeling protected, and free to be as rude or aggressive as they want without consequence.

However, letting your “inner dragon” take hold when you’re behind the wheel can in fact have some very serious legal consequences.

Many of us have witnessed a driver being cut up, or pulled out on by another driver. On many occasions the drama ends with a beep of the horn. However if a matter is allowed to get out of hand, the all-out war with drivers gesturing at each other and shouting, and more seriously making dangerous manoeuvres, could not only put their own safety at risk but also the safety of others.

Image courtesy of www.maniacworld.com

Careless, inconsiderate or even dangerous driving are the likely charges which will follow if the driver(s) are caught by the police driving aggressivley as a result of some form of road rage, with penalties ranging from points to a potential disqualification and a custodial sentence.

This problem is so well recognised that there is even a specific offence which deals with this type of road rage where an injury results as a consequence; wanton and furious driving.  If your driving is so reckless that it should have been foreseeable to you that harm would be a possible result, then you will be on your way to Crown Court, looking at a possible prison sentence of up to two years in the most serious cases.

It is hard to imagine a scenario of a driver aggressively tailgating, or repeatedly breaking in an attempt to “teach another driver a lesson” where possible harm would not be a foreseeable result.

Whilst the majority of drivers move on quickly after they’ve been irritated by another driver, there are still far too many who think that we are back in St George's era; where charging after someone who had wronged them was an acceptable solution to resolve their anger.

With the potential penalties in mind, along with a celebration of the polite idiosyncrasies which make us British, it would be nice if from now on, the only dragons which we faced were the ones in the story books, not on the roads.

If you are accused of a motoring offence that could see you lose your licence, or in extreme cases, lose your liberty! Our team of motoring law experts will be able to guide you through options that you may not know to be available and bring relief to what we understand can be a very trying time. Give us a call on 08000 85 27 84 for a no strings chat if you are in need of advice on any motoring matter.

WATCH OUT - EVEN THE EASTER BUNNY CAN BE PULLED OVER BY THE POLICE?!

Guestblog by Vicky Miller

For some, it can be all too easy to let your guard down over the bank holiday weekend.  With most people having 4 days off with their family and friends and with the nice weather that is predicted it may be too tempting to have the odd tipple or three! Also with Easter also signifying the end of Lent many will be looking forward to having that treat that they have deprived themselves of for the last 40 days, whether that’s alcohol or other indulgent treats.

Not only do people tend to drink more, they drive more too. Many families, couples and friends will be setting off in their cars for UK breaks to make the most of the time off work together and hopefully the sunshine!

Here at Geoffrey Miller Solicitors we want to make sure that everyone is safe and on the right side of the law this Easter.

After all, even the Easter Bunny is not above the law! Last year in Detroit this bunny rabbit motorcycle driver was pulled over by the police for wearing his bunny costume that obstructed his view and of course he did not have a helmet on!

Even The Easter Bunny Is Not Above The Law!
Source: losangeles.cbslocal.com

Here are our top five tips to make sure your Easter driving is a happy one!

1. YOU CAN’T BE TOO CAUTIOUS….

Be cautious that over indulging with alcohol can cause you to remain over the legal limit some 24 hours or more after your last drink. The “2 pints and you can drive theory” is completely misconceived and the amount of ‘acceptable’ alcoholic drinks is completely different from person-to-person. When you know you are drinking alcohol do not make plans to drive at all even if it is the next day and always plan your journey home in advance.

2. PREPARATION, PREPARATION, PREPARATION….

With the traffic likely to be worse than usual, allow an extra 30 minutes to arrive at your destination on time. This will prevent road rage and the temptation to speed or jump a few amber lights.

3. DON’T BE TEMPTED…

If you find yourself in that dreaded traffic jam on the M1 remember that you are still in control of your vehicle whether it is stationary or not. This means you still cannot use your mobile phone or any interactive communication device whilst the engine is still running.

4. SAFETY FIRST….

Before taking any journey on the motorway make sure your tyre pressures, tyre treads, oil and water levels are correct. This will avoid the risk of breaking down, potentially causing a road traffic accident and facing charges for careless driving and driving a defective vehicle. Most driving offences are endorseable with points or a ban and often a hefty fine.

5. NO DISTRACTIONS…

Again, on long journeys preparation is key. Set up your Sat Nav in advance and make sure any children in the back have toys or games to keep them entertained. You need to avoid as much distraction as you can to ensure you keep your eyes and mind on the road!

If you do find yourself facing a motoring charge this Easter, our solicitors will be available to take your call and advice you of your options. Even if it’s just to put your mind at ease so you can carry on gorging on those Easter eggs!

Our team is available throughout the Easter break on freephone 08000 85 27 84 and our website lists details of the personnel who will be answering the calls out of hours. We don't use a call centre but have members of our expert motoring law team on hand to assist you with your motoring queries day and night.

What's The Problem With Lawyer Jokes? Guest Blog by Paul Loughlin

Apparently today (08 April 2014) is ‘International Be Kind to Lawyers Day’. I wouldn’t have known either! No, it’s not another David Cameron inspired tag line akin to ‘Hug a Hoodie’. It actually appears as though it’s one of many marketing initiatives following the growing trend, probably created by lawyers to work on some of the negative stereotypes associated with those who practice law. Having started in America and now being rolled out across the globe, I don’t think it is likely to be made into a national holiday any time soon but I’d like to think it maybe makes people think about lawyers in a different way.

Photo Source  Kansas City Legal Examiner

As featured by Jeanette Miller in her recent blog, The first thing we do, let's kill all the lawyers, it is not uncommon for lawyers to be dismissed as cynical and dishonest presumably all in the aim of lining their pockets. As a Criminal lawyer myself I’m certainly not asking for any sympathy on that front. I like everyone else knew what I was signing up for. It one of those jobs seen as a vocation, not a 9 to 5, a way of life for many. It comes with its positives and with its negatives.

So, what is the main positive?

Well, believe it or not for me it is actually helping people and feeling like you have made a difference with what you have done with your day. Whether family and friends believe me when I say that I can’t say for certain but I can say that my clients do.

At Geoffrey Miller we want our clients to succeed. We buy into our clients’ goals and aims when they decide to pick the phone up to speak with one of the team. We don’t judge, we just try to look for the best solution for that particular client. Whether it be fighting to keep a licence for someone who will lose everything without it or trying to make sure a client gets a fair and just sentence, there is always an aim and always a solution that is best for that client that we like to think we will give all to achieve.

We know drink driving cases provoke a whole range of strong emotions and there are few out there who think that drink driving is a minor offence. However, surely, if you had made a foolish error of judgement, you would want your point of view presented to the court in the best possible way? The consequences of some of the more serious motoring offences are entirely at the whim and discretion of a bench of magistrates who can only call upon a potentially narrow personal experience and a set of sentencing guidelines when making a decision that could be the difference between 6 points or a life altering disqualification. In other cases we present mitigation to persuade the court to impose a community service in place of a potentially life ruining prison sentence. 

The Institute of Alcohol Studies published figures in May 2013 (yet to be updated this year) stating that in the previous year there had been 54,936 findings of guilt for offences of driving etc., after consuming alcohol or taking drugs. That is a lot of people affected as a result. Of those findings of guilt a very small percentage will have been represented because they felt that lawyers couldn’t make a difference. We know different. We help hundreds of motorists each year deal with the prosecution they face by providing the best possible representation for them at Court and ensuring that their objectives are met, sometimes even bettered. We act professionally and in accordance with our clients' instructions regardless of the allegation and regardless of the plea.

Surely it is correct that our job is not to judge. Our job is to do whatever is lawful and in the best interests of our client whilst complying with our duties to the court and professional obligations. I like to think that we use those principles to fight the corner of our clients whatever their predicament.  Whether you are kind to lawyers is not really the issue. Are you being kind to yourself by making your mind up about a service that could help preserve what you have worked so hard to achieve and dismissing that option before finding out what it is all about? I say you are. It is worth calling us at Geoffrey Miller Solicitors at the very least for some no obligation free advice. It could be the difference. 

Using Your Imagination Is Against The Law!

By Stephen Oldham, Solicitor and senior member of the Geoffrey Miller team

In the spirit of April Fools’ Day we have trawled the government’s legislation.gov.uk website and found some laws that you would be forgiven for thinking were part of an April Fools’ gag! All of the laws are shown by the site as still being in force. We hope that the government’s data is up-to-date.

Don’t imagine deposing the Queen!

The Treason Act 1848 says:

“If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the Queen, from the style, honour, or royal name of the imperial crown of the United Kingdom…”

So it seems that if you were just to imagine deposing the Queen you could be guilty of treason. The law goes on to say that you would be punished

“to be transported beyond the seas for the term or his or her natural life”.

We think that deportation is no longer allowed but it could be a good way to get your fare paid to visit relatives in Australia!!

Don’t get drunk in the pub!

It might not be a surprise to know that it is illegal to be found drunk in the street but you might be shocked to know that it is illegal to be drunk in the pub!!

Section 12 of the Licensing Act 1872 is still in force. I says that

“Every person found drunk … on any licensed premises, shall be liable to a penalty.”

Fortunately you can’t be thrown in jail but you could be landed with a hefty fine.

No driving cattle through London between 10am and 7pm

The Metropolitan Streets Act 1867 prohibits the driving or conducting of any cattle through any street between the hours of 10.00 in the morning and 7.00 in the evening except with the permission of the Commissioner of Police. Any person driving or conducting cattle in contravention of this section shall be liable to a penalty not exceeding ten shillings for each head of cattle so driven or conducted.

No riding in a taxi if you have a disease

It is illegal for a person (knowingly) with a notifiable disease to use a taxi or try and ride on a bus. The law prohibits any person who knows that they have a notifiable disease (including the plague, cholera, small pox, relapsing fever) from entering any form of public conveyance (taxi) without first telling the driver of the conveyance. The taxi driver should also not allow the person to ride if they know they suffer from a notifiable disease. However, if they do, they must then have the cab immediately disinfected. This is part of the Public Health (Control of Disease) Act 1984, sections 33 and 34: Public Conveyances. Both offences are liable to summary conviction of a fine not exceeding level 1.

No splashing people

According to the magistrates in Chelmsford it is illegal to splash people by driving through a puddle. Motorist Samuel Lees was convicted of driving without due care and attention when he soaked a mother and her children. He was even given 6 penalty points and a fine of £500.

Don’t blow your nose or even eat an apple when you are driving

According to this article in theDaily Telegraph the police have been pretty enthusiastic in prosecuting motorist for things that some people might think are every day occurrences.

• ·      Eating an apple whilst carrying out a perfectly executed left turn;
• ·      Blowing your nose whilst stationary in traffic with the handbrake on; and
• ·      A man was even stopped in Liverpool for laughing whilst driving. He got away with a warning not to do it again!

Some more laws that we have heard of

There are plenty more laws that we have heard of that may still be in force. We haven’t been able to verify any of these but they make interesting reading.

• ·      It is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his right hand is on the vehicle;
• ·      A bed may not be hung out of a window;
• ·      Taxi drivers are required to ask all passengers if they have smallpox or the plague;
• ·      Any person found breaking a boiled egg at the sharp end will be sentenced to 24 hours in the village stocks (enacted by Edward VI)
• ·      Any boy under the age of 10 may not see a naked mannequin;
• ·      Throughout the whole of England it is illegal to eat mince pies on the 25th of December;
• ·      In the Cathedral Close of Hereford and within the city walls of Chester it is legal to shoot a Welshman with a long bow. It is also legal to shoot a Scotsman within the city walls of York, providing he is carrying a bow and arrow, except on Sundays of course! These laws were made to keep out Welsh and Scottish invasions before Britain became united as one.

Some of these laws are clearly laughable but it is no laughing matter if you are accused of a motoring offence that could see you lose your licence, or in extreme cases, lose your liberty! Our team of motoring law experts will be able to guide you through options that you may not know to be available and bring relief to what we understand can be a very trying time. Give us a call on 08000 85 27 84 for a no strings chat if you are in need of advice on any motoring matter.

#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