REHABILITATE, PUNISH, OR SIMPLY DETER?

Guest post by Paul Loughlin

There are two clear and basic ingredients to an offence of ‘Drink Driving’. I suppose that’s obvious really. The first being that a car has to be driven on a road or other public place. The second being that alcohol has to have been consumed to show either that the driver is over the prescribed limit or that he or she is impaired to such an extent that they are unfit to drive.

Well known Penalties

The television infomercials are to the point in explaining that there is a minimum 12 month ban from driving and a criminal record. The warnings don’t go as far as to explain that in serious cases a Community Order can be imposed and in very serious cases the Courts can even hand down a prison sentence. 

Long has the question been asked: ‘What is the main purpose of the Criminal Justice System? To punish those who offend or to rehabilitate those who offend? Most people would say there has to be an element of both for justice to be done.

Now the government are having to look at ways to simply deter repeat offenders who seem immune to any attempt to rehabilitate and immune to the consequences of any punishment! Electronic tags are not a new thing. They have been used for some time now to restrict offender’s movements in certain areas and at certain time. A deterrent from repeat offending above all else perhaps?

image from Google Images

Drastic measures?

Never before though has an electronic tag been used to directly deter an offender from consuming alcohol by measuring the alcohol consumed!

A new 12 month trial is set to begin for drink driving cases in London Boroughs using electronic tags to record the level of alcohol in the offender’s sweat. The ‘transdermal tags’ will monitor if the offender has consumed alcohol. If they have, then the Court will have power to impose further penalties.

‘Scourge on our High Streets’

With Alcohol related offences reported in a more negative light than ever before it is perhaps unsurprising that this scheme is being piloted in an effort to simply deter repeat offenders who seem immune to punishment or rehabilitation programmes. Boris Johnson has made his feelings known about the topic and it is hoped that the scheme will help to drop drink driving repeat offences by the 12% that it has done during trials in South Dakota, US.

Perhaps the above viewpoint answers the question posed. Or certainly how the Courts are looking to deal with the problem. The tendency here is to punish rather than rehabilitate. The deterrent here is the additional punishment and the additional imposition.

In the circumstances it is more important than ever to ensure that the negative stigma of drink related offences, drink driving in particular, is not the overriding thought in the mind of the Court when considering a case and ultimately any sentence on a finding of guilt. 

We firmly believe that each case has to be taken on its own merits and that the penalty imposed has to be in keeping with the circumstances and the offender's mitigation. A blanket policy is dangerous and unjust. 

If you are in the unenviable position of having to go to court for a drink driving offence, make sure you check your options with our expert Motoring Team at Geoffrey Miller Solicitors before going to Court and blindly leaving your ankles to their mercy!

St Swithin's Day Thoughts

Guest Post by Stephen Oldham

On 15^th July we will wish you happy St Swithin’s day here at Geoffrey Miller Solicitors. Everybody knows the old legend: if it rains on St Swithin’s day then it will rain for the next forty days; if the sun shines then we can expect good weather for forty days. This is the old proverb.

St Swithin's day if thou dost rain

For forty days it will remain

St Swithin's day if thou be fair

For forty days 'twill rain nae mare

We imagine this is exactly how our clients feel when then first get in touch in need for motoring law advice! 

St Swithin was the Bishop of Winchester. He died in around 862 AD and was famous for touring his diocese on foot. He would not have needed a specialist motoring solicitor to defend him for speeding or drink driving. If he ever comes back and becomes Bishop of Winchester again then we can suggest a few legends based on the number 40 that he might like to use.

Speed limit of 40 mph

If you break the 40 mph speed limit then you can expect some attention from the police. The Association of Chief Police Officers have produced guidelines suggesting how the police should deal with drivers going over the limit. 41-45 mph means that no action will be taken; for 46-53 drivers are normally offered a speed awareness course; 54-65 usually leads to a fixed penalty ticket; over 66 mph and a court appearance it likely. There are other guidelines in place for all of the speed limits from 30-70 mph.

St Swithin's day if thou dost drive

Where the forty limit is live

Over sixty-five and thou shalt know

To the Magisrates’ Court thou go

Section 40 Road Traffic Offenders Act 1988

We do not lose many cases in the Magistrates’ Court. We take scores of drink driving cases to trial every year – most of them are successful. 

We also represent drivers who have reached the 12 point limit and we usually help them to keep their licence.

On rare occasions the court do not find in our favour. If that happens then we can take the case to appeal in the Crown Court. Section 40 allows the courts to suspend the driving disqualification whilst we are waiting for the appeal to be heard.

St Swithin's day you lose thy trial

Do not drive another mile

If you want your licence back

Section forty puts you right on track

DVLA Code CU40

If a driver is convicted of a motoring offence or if they receive a fixed penalty (usually from the police) then their driving licence will be endorsed. Points remain active for three years although they are normally printed on the paper licence counterpart for four. DVLA have a list of codes for all of the different offences. CU40 is the code for driving a vehicle with defective steering. It’s pretty rare for us to see that code on a licence but here’s what St Swithin might say about it.

St Swithin's day if thy steering

Makes thy car to commence veering

On thy licence a code appears

CU40 for three years

40 Penalty Points

Drivers who get 12 or more penalty points in three years can normally expect a minimum driving ban of 6 months. If we can persuade the magistrates that a ban would cause exceptional hardship either to the driver or to someone else then they will not usually be banned at all.

Our record in the last few years is 31 points and no driving ban – we have never had a case with 40 points but if we got one we would fight to the bitter end.

St Swithin's day thou art so bad

That forty points are to be had

Call Geoffrey Miller and we can

Help avoid a driving ban

40µg of alcohol per 100 ml of breath

The legal limit for drink driving is 35µg/100ml of breath. If the police suspect that someone is drink driving then they normally take them to the police station and breathalyse them. If the reading is below 40µg/100ml then the police do not normally prosecute and will take no further action. We suggest that you do not test your luck. It’s always better to stick to soft drinks if you are taking the car.

St Swithin's day thou drinketh wine

The law shall stop thy car in time

If under forty thou shalt blow

The police will prob’ly let thee go

Happy St Swithin’s Day and here's hoping for good weather.

If you require advice regarding any of the above motoring offences, we appreciate the situation you face is no laughing matter but hopefully we can help you to feel relief when we guide you through your options. Please give us a call on 08000 85 27 84 for a "no strings" chat with a member of our expert motoring law team.

Let Grand Prix Blunder Serve As A Warning

Guest Post by Alison Ashworth

Lewis Hamilton may be licking his wounds today after an error of judgement made him opt for a pit stop in yesterday's qualifying hour resulting in him dropping from first to sixth place!!! He can't turn back the clock now, a desire to which our clients can  relate when they, like he, wish they could do something differently with the benefit of hindsight.

Hamilton's blunder not dissimilar to speeding motorists - Image Courtesy of the Daily Mail

For most "speed freaks" the thrill of watching Grand Prix drama will be enough, however we are advising motorists to be warned about the danger of allowing the excitement of the Grand Prix to influence, and lower their own driving standards.

For example, research from BSM driving school suggests that over a quarter of the people surveyed admitted to driving faster after playing on driving video games.

However before getting behind the wheel of your car whilst imagining you’re the next David Coulthard, we urge you to consider the potential impact of your need for speed on your driving licence.

If you are caught speeding then the following consequences may quickly follow:

• Best case scenario –

You may be lucky enough to be invited to attend a speed awareness course at an average cost of £100

• Speed by up to 10 miles per hour over the limit-

You are looking at 3 points on your licence

• Speed by up to 20 miles per hour over the limit –

You are looking at 4 - six points on your licence or a ban of 7 – 28 days

• Speed by up to 30 miles per hour over the limit –

You are looking at a ban of 7 – 56 days, or points on your licence

It is probably also worth remembering the very wide sentencing powers of the Magistrates when it comes to speeding offences. There is actually no limit on the length of disqualification that can be imposed for a high level speeding offence.

Does speeding make you a totter?

Depending on the number of existing and active points on your licence, accruing points on your licence in the above way could result in you facing a totting up ban for which you face a 6 month ban.

We recommend that you leave the high speeds to the professionals, even if they do sometimes make a mess of their Grand Prix strategy! 

What No Sunglasses?!

Guest Post by Stephen Oldham

Despite the drizzle, today was National Sunglasses Day. Here at Geoffrey Miller Solicitors we really had to scratch our heads to find a driving related story to help celebrate. A few topics came to mind: Do people wearing sunglasses drive faster than people who don’t? Can sunglasses reflect police radar guns? Does drink driving in sunglasses make you more likely to get stopped?

None of the subjects are much fun. So we had to think harder. How about some word association? Sunglasses, drink driving, sunglasses, going to court, sunglasses, celebrities, sunglasses speeding, sunglasses, sunglasses ... That’s it! Celebrities going to court for driving cases wearing sunglasses.

So, please take part in our...........

Celebrity Sunglasses Quiz!

All of these celebrities have been to court for driving offences. Which ones were wearing sunglasses?

1.       George Michael                                Sunglasses/No Sunglasses
2.        Graeme Swann                               Sunglasses/No Sunglasses
3.        Katie Price                                      Sunglasses/No Sunglasses
4.        Sarah Harding                                 Sunglasses/No Sunglasses
5.        Ray Wilkins                                     Sunglasses/No Sunglasses
6.        Barbara Knox                                  Sunglasses/No Sunglasses
7.        Kara Kilbey                                     Sunglasses/No Sunglasses
8.        Professor Green                               Sunglasses/No Sunglasses

Scroll Down For The Answers Below...no peeping now!

George Michael

An easy one to start. Here is George outside Highbury Magistrates’ Court facing charges of drink driving.

Photo courtesy of the Independent

Graeme Swann

No sunglasses and a smart respectful look for Graeme. Of course Graeme was found not guilty at a trial when he was represented by top drink driving barrister, Phillip Lucas.

Photo courtesy of Daily Mail

Katie Price

A beautiful pair (of sunglasses) Katie … and a ban for speeding.

Photo Courtesy of the Daily Mail

Sarah Harding

Former Girls Allowed star sports her shades. She was banned for 6 months after a conviction for using her mobile phone whilst driving. Should have given us a call Sarah.

Photo courtesy of the Mirror

Ray Wilkins

No shades for Ray after a three day trial.

Photo courtesy of the Mirror

Barbara Knox

Good old Rita! Barbara’s case is awaiting trial at Macclesfield Magistrates’ Court. She denies the charge of drink driving. Not much chance for shades at Macclesfield where the sun rarely shines.

Photo courtesy of the Daily Mail

Rapper Professor Green

Our prize for the coolest shades goes to the Prof. Guilty to drink driving.

Photo courtesy of the Daily Mail

Cara Kilbey

TOWIE star Cara on her way to court (not in Essex) where she was banned for two years for drink driving, After the hearing she tweeted that she hoped others would learn from her mistakes.

Photo courtesy of http://i3.cdnds.net/13/05/618x618/cara-kilbey.jpg

How did you do?

1-3 correct. Poor celebrity watching – need to subscribe to Heat magazine!

3-7 correct. Not bad. No driving ban for you.

8 correct. Well done!! Were the questions too easy?

Father's Day Motoring Thoughts

The majority of fathers consider themselves blessed by their daily contact with their children.  However, when a relationship breaks down between parents, contact can become a struggle particularly when the child or father move a considerable distance away. Whilst the antics of support group, Father4justice, often grab the headlines for the wrong reasons, we can't help but have sympathy for Dads when it comes to defending them to enable them to maintain contact with children from estranged homes.

Source: http://newfathers4justice.co.uk/2012/06/16/fathers4justice-march/

Often working full time, many men consider their driving licence an absolute necessity in order to be in a position to visit their children mid-week, particularly in remote areas where transport links are poor.  Following a break-up, most fathers still wish to play a regular part in the upbringing of their children, and wish to continue to act as "taxi-driver" taking them to various clubs and activities. 

We also encounter fathers who wish to make the most of the time they have one-on-one with their children, who tell us of the difficulties that public transport would cause when traveling long distances to places such as theme parks.

For many dads, their licence is an essential link which facilitates regular access to their children. It is therefore understandable that when accruing one too many points on their licence threatens to jeopardise the regular contact which they treasure so much, hundreds of fathers contact our firm frightened and confused, seeking expert advice.

Fortunately, at Geoffrey Miller Solicitors, we have a proven track record of helping to save the licences of countless fathers who would otherwise have faced a six month disqualification for totting up, and the restricted access to their children which could have followed.

At Geoffrey Miller Solicitors, we understand that every case is different, and understand the importance of regular contact between father and child.

In most cases, we are able to secure either:

• ·       A short term disqualification in order to prevent the person from totting up in the first place;

     OR

• ·       A finding of exceptional hardship, whereby the person retains twelve or more points on their licence (until their usual expiration after three years). Under these circumstances, the person would not be disqualified at all.

In some cases it is even possible for us to secure a short term disqualification, where the licence is returned clean of points.

In the event that you are in the unfortunate position of totting up and facing a six month ban from driving, we urge you to contact Geoffrey Miller Solicitors to discuss the many ways in which we could help you.

And for the remainder of June 2014, if you are a single Dad, we will automatically apply a 10% discount on your fees.

So, if you are at risk of the loss of your licence, please give us a call on 08000852784.

World Cup Drink Drive Warning!

GUEST POST BY Jonathan Berry

It’s that time again when England’s football fans unite and start to build the hope that it may just be England’s year. Despite everybody knowing we are probably worthy of no more than the quarter finals, we all are advocates of the idea that “you never know, we just may do it!”

Ok, as a football fan myself I know that is unlikely, but we can all dream…

With the World Cup being in the Samba capital of the world, the time difference means that most games will be televised in the evening. This is great news for the pubs and clubs around England who will no doubt be hosting England parties and showing the big games.

This may however also lead to an increase in drink driving convictions with people “chancing it” after a few pints watching the game.

We thought it would be interesting to see how the major EU World Cup participants match up in terms of driving laws and drink driving limits.

England The legal limit is 35µg in breath, 80mg of alcohol in 100ml of blood and 107ml of alcohol in 100ml of urine. This could result in severe penalties which includes a fine, community orders, imprisonment and a mandatory disqualification from driving of at least 12 month. To air on the side of caution it is advised not to drink any alcohol before driving.	V	Spain   The legal limit in Spain is that the level of alcohol in the blood stream is 0.05 per cent or more. This could result in severe penalties which includes a fine, confiscation of your vehicle and imprisonment. After a traffic accident, all road users have to undergo a breath test.
Italy The legal limit in Italy is that the level of alcohol in the blood stream is 0.051 per cent or more. This could result in severe penalties which includes a fine, confiscation of your vehicle and imprisonment. For professional drivers and those who have held their licence less than three years the alcohol limit is ZERO. It is prohibited.	V	Holland   The legal limit in Holland is that the level of alcohol in the blood stream is 0.05 per cent or more. This could result in severe penalties which includes a fine, confiscation of your vehicle and imprisonment. A lower limit of 0.02 per cent applies to new drivers for the first five years. In some cases a blood test will be necessary after a breath test.
France The legal limit in France for general motorists is 50mg. If a person is found to have between 50mg and 80mg of alcohol in their system then they would be liable for a 135 Euro fine to be paid on the spot and 6 points (if French). The person would not be able to drive until their alcohol level drops below 50mg.  If a person is found to have more than 80mg in their system, then the licence would be suspended for up to three years, there would be a fine of up to 4500 Euros and there is a possible custodial sentence of up to two years.	V	Germany   The drink drive level in Germany is 50mg.  If a driver is found by the police to be over the limit then their licence will be confiscated immediately. They would be banned for a minimum of six months. Fines tend to range between $800 -$2000. If the driver is under 21 years old or has been driving for less than two years then the drink drive limit is zero.

As you will see, each country has different laws and penalties for drink driving. We were shocked to see that in France you can even get a fine and points!
UK out of all of the countries have the highest prescribed legal limit. In the other EU countries mentioned, the blood alcohol level is almost half of that of the UK.  For new drivers in Germany, there is a ZERO tolerance rule which has been mooted in England many times.

The moral of the story is to be extra vigilant during the world cup and beware that “just 2 pints” may lead to a criminal conviction and a mandatory 12 month ban.

If you are unfortunately in need to legal advice for drink driving during the world cup, Call us now on Freephone 0800 085 2784 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.

Finally, for all of the believers, here is England’s potential route to glory:

GROUP D - URUGUAY, ITALY, COSTA RICA, ENGLAND

 June 14 Manaus, 23:00: England v Italy

June 19 Sao Paulo, 20:00: Uruguay v England

June 24 Belo Horizonte, 17:00: Costa Rica v England
 

LAST 16

Match 50 - June 28 Rio de Janeiro, 21:00: Winner C v Runner-up D

Match 52 - June 29 Recife, 21:00: Winner D v Runner-up C

 QUARTER-FINALS

Match 57 - July 4 Fortaleza, 21:00: Winner Match 49 v Winner Match 50

Match 59 - July 5 Salvador, 21:00: Winner Match 51 v Winner Match 52
 

SEMI-FINALS

July 8 Belo Horizonte, 21:00: Winner Match 57 v Winner Match 58

July 9 Sao Paulo, 21:00: Winner Match 59 v Winner Match 60
 

THIRD-PLACE PLAY-OFF

July 12 Brasilia, 21:00


FINAL

July 13 Rio de Janeiro, 20:00

How To Stay Safe And Have Fun On Two Wheels!

Co-authored by Jeanette Miller and Vicky Miller

To people of a certain age, the image of a child riding their bike to school may conjour up the sounds of a brass band and images of a kid with a flat cap riding his old fashioned bike on the cobbled streets as part of a Hovis bread ad! Biking to school has, however, made a comeback since those days so much so that there is now an official week to commemorate and encourage it!

Thankfully most kids these days don't have to do a bread round before school!

Bike to School Week in the UK runs from 9-13 June 2014. A vast number of schools across the country are urging their pupils and teachers to dig out their bikes and cycle to and from school.

Whilst there are many obvious health and environmental benefits to cycling, it is also natural that parents have their concerns about allowing their children to cycle alone due to the dangers of the road. So here at Geoffrey Miller Solicitors, whilst we are the "go to" firm for motoring law expertise,  we wanted to provide parents with a quick guide to teach their children about road safety and outline a number of tips to ensure their bikes are roadworthy before this fun week begins.

Once your children are aware of road safety there will be no stopping them enjoying the freedom of cycling. It is likely to increase their confidence, fitness and that extra boost of energy before school should even help them to concentrate in class.

Before your child saddles up make sure they are taught the rules on road safety and their journey has been mapped out for them. It is encouraged to take your child on a few practice runs first so they know the exact route to take to and from school. They should be encouraged to ride with a friend if they can and the safer route should be taken even if it takes a few extra minutes.

Road safety hints and tips to teach your child

To signal clearly at all times – to hold out the right arm or left arm clearly for a number of seconds before turning;

·       Parents must ride behind the child or in a position where the child can be seen at all times;

·       Do not cycle on the pavements unless it is a designated cycle path;

·       You must cycle with the flow of traffic;

·       At night they must have a white light at the front, a red light at the rear and a red reflector;

·       It is recommended at night that they wear some reflective clothing;

·       They should use their bell to alert pedestrians if they are approaching behind them;

·       They should not go too fast and they should be prepared to slow down if needed; and

·     Be careful at junctions and bends – always slow down and do not set off if you cannot see around a corner.

Bicycle checks for the parent

You may think you are an experienced cyclist, but it can't hurt to consider this checklist before your loved ones set off next week, especially if the weather forecast is to be trusted!

Always ensure your child has a properly fitted helmet which is no more than three years old;

·       Check that the bicycle fits your child’s height and they have not outgrown it;

·       Your child must be able to touch the ground when seated on the saddle;

·      They must be able to reach the handlebars without stretching – if not the handlebars can be moved to the desired position;

·       Ensure the saddle is the right height and it is secure;

·      Ensure your child can reach the brakes and that both of them are working properly; and

·      Ensure no wires are rusty and the brake pads are not worn down.

Cycling is an increasingly popular sport amongst kids and adults alike, especially since the success of Team Sky and the incredible Bradley Wiggins Tour de France achievements. If you are interested in reading more about motoring laws relating to cyclist, check out our cycling special blog on  the confused.com website.

In the meantime, have fun on those wheels!!!!

(sources: Photo from the Daily Mail)