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Today some people view motoring offences just as a necessary evil. If your occupation involves any driving then most people presume you will get caught breaking driving laws. This is especially true if you take into account the increase in fixed & mobile speeding cameras. What are the chances of conviction for a motoring offence.
The introduction of the fixed speeding cameras on the motorways is another area for concern. However, rumours are rife if the motorway cameras are even switched on as yet. (RAC) What is know is that the cameras on the smart section on motorway are very active. Of course, it doesn’t have to be this way, just drive within the law.
Ashmans Motoring Offence Solicitors. You could always try for exceptional hardship reason.
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Smart Motorway Cameras
These are the cameras that sit above motorways next to the variable speed limits. The smart motorway is so designed to keep cars moving. The theory is to slow down the traffic on the motorway to delay the cars causing further congestion on the motorway. However with these cameras the chances of conviction goes up.
Smart Motorway Advice from Highways England
Once these speed limits change’s then that speed limit is enforceable by law. Of course, the standard speed limit on the motorway is the national speed limit. This is different for different types of vehicle’s (chart below). These cameras are the real danger. Just one camera on the M1 caught 8,000 drivers in 2017 and the fastest was recorded at 128mph. For reference, it is located at junction 29a at Duckmanton. (Derbyshire)
Safety cameras on smart motorways are set by each regional police force
Spokesperson Highways England
In Derbyshire there are 10 motorway speed cameras, no one is sure if they are all turned on
Speed Limits For All Vehicles
|Type of vehicle||Built-up areas||Single carriageways||Dual carriageways||Motorways|
|Cars, motorcycles, *car-derived vans and dual-purpose vehicles||30||60||70||70|
|Cars, motorcycles, car-derived vans and dual-purpose vehicles when towing caravans or trailers||30||50||60||60|
|Motorhomes or motor caravans (not more than 3.05 tonnes maximum unladen weight)||30||60||70||70|
|Motorhomes or motor caravans (more than 3.05 tonnes maximum unladen weight)||30||50||60||70|
|Buses, coaches and minibuses (not more than 12 metres overall length)||30||50||60||70|
|Buses, coaches and minibuses (more than 12 metres overall length)||30||50||60||60|
|Goods vehicles (more than 7.5 tonnes maximum laden weight) in England and Wales||30||50||60||60|
Increasing Motoring Conviction Rates
Prosecutions, convictions and sentences for motoring offences have all increased by 3% over the last year. The number of defendants prosecuted increased from 670,000 in 2017 to 691,000, with convictions and sentences increasing from 600,000 to 619,000. The chances of conviction is increasing all the time.
Just over half (52%) of defendants prosecuted for motoring offences in 2018 were prosecuted for speed limit and vehicle insurance offences (what happens if you are caught driving without insurance). The conviction ratio for all motoring offences was 90% in 2018 and has been increasing year-on-year since 2013, when the conviction ratio was 85%.
Decreasing Motoring Prosecution Categories
The offence with the largest decrease in the number of defendants prosecuted was ‘Careless driving offences (excl. mobile phone offences) (an 8% decrease; from 13,300 in 2017 to 12,300 in 2018).
Increase In Prosecution For Speeders
The offences with the largest increase in the number of defendants prosecuted was seen in ‘Speed limit offences’ (a 7% increase; from 176,000 in 2017 to 189,000 in 2018, the highest in a decade, and following an upward trend since 2011).
There was also an increase seen in ‘Vehicle registration and excise licence offences’ (an 8% increase; from 92,300 in 2017 to 100,000 in 2018, and increasing since 2014).
The Sentencing of Motoring Offence
Sentencing trends for motoring offences have remained broadly stable, with an overall custody rate of 1% (down from 2% in 2008). The use of fines as the main sentence for motoring offences remained stable between 2017 and 2018, at between 94% and 95%, an increase of 5 percentage points over the last decade.
How Much Will The Fines Be For A Motoring Offence
The average fine amount has increased year on year, from £196 to £334 since 2008. The total number of offenders directly disqualified from driving increased 9% in the latest year; from 58,100 in 2017 to 63,300.
The total number of offenders endorsed without direct disqualification (i.e. receiving points on their licence only), increased by 1% from 348,400 in 2017 to 351,000.
If Found Guilty Of Causing Death By Dangerous Driving, How Much Prison Time Can I Expect
Where an offender was sentenced to immediate custody in 2018, the average custodial sentence length was similar to 2017 at 8.1 months.
The majority of offenders sentenced for ‘Causing death by dangerous driving’ and ‘Causing death by careless driving under influence of drugs or drink ’ received immediate custody (a custody rate of 94% and 95% respectively in 2018), these particular offences inflated the average sentence lengths for the overall motoring offences ACSL.(1)
Motoring Convictions the numbers
Every 51 seconds someone is convicted for a motoring offence. Definitely your chances of conviction are increasing.
The equivalent of 4 people per minute were caught speeding in 2016
Home Office Figures
In 2017 over 2,000,000 speeding tickets were issued
Of the 2.02 million people given fixed penalty notices for speeding tickets in 2017, half (49.9 per cent) chose to attend a course rather than go to court or take the points. This figure was as low as 18.8 per cent, as recently as 2012.
“In the past few years, we have seen long sections of motorway (i.e. M1, M3, M25) turned into ‘Smart’ motorways with cameras fitted onto overhead gantries. Previously many of these cameras were never activated but that has changed in the past few years. Hence many drivers who assumed these cameras don’t work are now getting caught out
Linked to the ‘Smart’ motorway development construction phrases, we have seen miles of motorway roadworks set at 50mph and policed by average speed cameras. This has also contributed to the increased number of tickets.
These numbers suggest that many cameras are not having the desired effect of encouraging safer, slower driving by all drivers.
Steve Gooding, director of the RAC Foundation
Male Female Speeding Offences 2014
Maximum Fines For Road Traffic Offences
These fines do not include motorway offences. Some of these offences committed on the motorway can involve a maximum fine of £2,550.
|Using a hand-held mobile phone when driving||£1,000|
|Driving otherwise than in accordance with a licence||£1,000|
|Traffic light offences||£1,000|
|No MOT certificate||£1,000|
|Seat belt offences||£500|
|Cycling on pavement||£500|
|Failing to identify driver of vehicle||£1,000|
Maximum Jail Terms For Driving Offences
|Driving Offence||Maximum Years Imprisonment Penalty|
|*Causing death by dangerous driving||14|
|*Causing death by careless driving under the influence of drink or drugs||14|
|Driving while unfit through drink or drugs or with excess alcohol: or failing to provide a specimen for analysis||0.5|
|Failing to stop after an accident or failing to report an accident||0.5|
|Driving while disqualified||0.5|
|Driving after refusal or revocation of licence on medical grounds||0.5|
Endorsement Codes And Penalty Points
|These codes must stay on a driving record for 4 years from the date of the offence.|
- AC10 / Failing to stop after an accident / 5 to 10 penalty points
- AC20 / Failing to give particulars or report an accident within 24 hours / 5 to 10 penalty points
- AC30 / Undefined accident offences/ 4 to 9 penalty points
Disqualified Driver Offences
- BA10 / Driving while disqualified by order of court / 6 penalty points
- BA30 / Attempting to drive while disqualified by order of court / 6 penalty points
- BA40 / Causing death by driving while disqualified / 3 to 11 penalty points
- BA60 / Causing serious injury by driving while disqualified / 3 to 11 penalty points
Chances Of Conviction.Carless Driving Offences
- CD10 / Driving without due care and attention / 3 to 9 Penalty points
- CD20 / Driving without reasonable consideration for other road users / 3 to 9 penalty points
- CD40 / Causing death through careless driving when unfit through drink / 3 to 11 penalty points
- CD50 / Causing death by careless driving when unfit through drugs / 3 to 11 penalty points
- CD60 / Causing death by careless driving with alcohol level above the limit / 3 to 11 penalty points
- CD70 / Causing death by careless driving then failing to supply a specimen for alcohol analysis / 3 to 11 penalty points
- CD80 / Causing death by careless, or inconsiderate, driving / 3 to 11 penalty points
- CD90 Causing death by driving: unlicensed, disqualified or uninsured drivers 3 to 11 penalty points
Codes CD40 to CD70 must stay on a driving record for 11 years from the date of the conviction. Charged with carless driving ? what are your options.
Reckless Dangerous Driving Offences
- DD10 / Causing serious injury by dangerous driving / 3 to 11 penalty points
- DD40 / Dangerous driving / 3 to 11 penalty points
- DD60 / Manslaughter or culpable homicide while driving a vehicle / 3 to 11 penalty points
- DD80 / Causing death by dangerous driving / 3 to 11 penalty points
- DD90 / Furious driving 3 to 9 penalty points
Drink Related Motoring Offences
- DR10 / Driving or attempting to drive with alcohol level above limit / 3 to 11 penalty points
- DR20 / Driving or attempting to drive while unfit through drink / 3 to 11 penalty points
- DR30 / Driving or attempting to drive then failing to supply a specimen for analysis 3 to 11 penalty points
- DR31 / Driving or attempting to drive then refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity / 3 to 11 penalty points
- DR61 / Refusing to give permission for analysis of a blood sample that was taken without consent due to incapacity in circumstances other than driving or attempting to drive / 10 penalty points
- DR / 40In charge of a vehicle while alcohol level above limit / 10 penalty points
- DR50 / In charge of a vehicle while unfit through drink / 10 penalty points
- DR60 / Failure to provide a specimen for analysis in circumstances other than driving or attempting to drive / 10 penalty points
- DR70 / Failing to provide specimen for breath test / 4 penalty points
Codes DR10 to DR61 must stay on a driving record for 11 years from the date of the conviction. There is a chance to stop a conviction with the hip flask defence.
Drugs Related Driving Offences
- DG10 / Driving or attempting to drive with drug level above the specified limit / 3 to 11 penalty points
- DG60 / Causing death by careless driving with drug level above the limit / 3 to 11 penalty points
- DR80 / Driving or attempting to drive when unfit through drugs / 3 to 11 penalty points
- DG40 /In charge of a vehicle while drug level above specified limit / 10 penalty points
- DR90 / In charge of a vehicle when unfit through drugs / 10 penalty points
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Traffic direction and signs
These codes must stay on a driving record for 4 years from the date of the offence.
- TS10 / Failing to comply with traffic light signal / 3 penalty points
- TS 20 / Failing to comply with double white lines / 3 penalty points
- TS 30 / Failing to comply with a stop sign / 3 penalty points
- TS 40 / Failing to comply with direction of a Constable/ warden / 3 penalty points
- TS 50 / Failing to comply with traffic sign (excluding ‘stop’ signs, driving through traffic lights or double white lines) / 3 penalty points
- TS 60 / Failing to comply with a school crossing patrol sign / 3 penalty points
- TS 70 / Undefined failure to comply with a traffic direction sign / 3 penalty points
Section 59 Offences
3.1. Section 59 (1) of the Police Reform Act 2002 establishes that where a police constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or section 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving) and is causing, or is likely to cause alarm, distress or annoyance to members of the public, a constable in uniform has the power to order the person driving to stop the vehicle, to seize and remove the vehicle, to enter any premises (other than a dwelling) on/in which the officer has reasonable grounds for believing the motor vehicle to be and to use reasonable force where necessary, in order to do so. A Police Community Support Officer has the same powers as a constable, EXCEPT that they can only enter premises when in the company, and under the supervision of, a constable.
The chances of conviction are on the increase so either drive within the law or speak with Ashmans Solicitors. See our motoring defence fees page to find out more about our fixed fees.