If you can no longer take a driver awareness course because of coronavirus, you may be able to argue ‘abuse of process’, or ask to have your case adjourned. If you are affected by this, please contact our motoring defence solicitors today.
Motor defence solicitors
We offer a free initial consultation, so you can get expert legal advice from a motor defence solicitor, without having to worry about the cost.
If you have been convicted of drink driving or caught speeding, you might be offered the chance to attend either a driver rehabilitation course or a speed awareness course. If you accept, you will typically face a lesser penalty. However, the coronavirus lockdown means that many of these courses have been suspended. So, if you have been charged with drink driving or speeding, where does that leave you?
Your driving course has been suspended
If you are booked onto a course – and it has now been suspended – you might fail to meet the deadline for completion. Usually, when this happens, your case is handed back the police, who may decide to pursue a prosecution instead. It is uncertain whether the police will continue with this course of action during the coronavirus pandemic, or whether exceptions will be made in light of the situation. However, if you face legal action because your course has been suspended, or the offer has been withdrawn, you may have a legal argument for abuse of process. This is when court proceedings are halted on the basis that they are unfair. Additionally, you could be able to argue that your case should be adjourned, thereby allowing you to take the course, as and when they resume.
You have not been offered a course
Nevertheless, things may be different if you have yet to be offered a course. This is because driver awareness courses have always been discretionary. There is no legal obligation for constabularies or courts to offer them, although most do. With the shutdown in effect, motorists may no longer be given the option of attending a driver awareness course. This means that if you are caught speeding during the coronavirus pandemic, you will likely be asked to pay a fine and accept a certain number of penalty points. If you then have 12 or more points on your licence, an automatic driving ban will almost certainly follow. This is known as a totting up ban. If you are caught drink driving during the coronavirus pandemic, then your driving ban could last longer than you expected.
How Ashmans Solicitors can help you
Motoring law is highly complicated at the best of times, and the coronavirus factor adds a new level of complexity. However, you should not receive extra points on your licence or an unnecessary driving ban (or a longer ban than you were expecting) under any circumstances. If this is a risk you face, we can advise you of the options available. You may even have a defence that could negate any fines, points or ban altogether. Our main offices are in Dewsbury and Sheffield in Yorkshire, plus Stratford in East London, and we have associate offices in Central London, Leeds and Huddersfield. Wherever you live, we can help. We offer a free initial consultation, so you can get expert legal advice from a motor defence solicitor, without having to worry about the cost.
Contact us now
For a free initial enquiry, call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week. You can also email us on firstname.lastname@example.org or complete our Free Online Enquiry Form and we’ll be in touch soon.