Driving Convictions Need To Know

Driving Convictions - Need To Know
By Duncan Hall

With the number of cars on UK roads continually increasing, it is perhaps not surprising that so many people these days are receiving a driving conviction of some form or another. There are now just under 33 million licensed vehicles in the UK, travelling 499 billion kilometres on Great Britain's roads in 2005. That's over 1500 trips to the Sun and back!

Although also increasing, the overall length of Britain's road network has grown more slowly to 388,000 kilometres. This means the average road space for every vehicle in the UK is just 11.76 metres.

It doesn't take long to figure out that more cars and less space is going to cause problems, especially when there are drivers who are intent on driving under the influence of alcohol, or simply not paying due care and attention when on the road.

Leaving the cautions and convictions to the police, this article aims to provide some information on the process involved if you do happen to receive a driving conviction, and the implications it will have on your driving privileges and expenses.

Types of Driving Offences

Driving offences are split into several categories, with each specific offence being allocated a unique code. If convicted of a motoring offence, the DVLA will be notified and the details are added to your record and license.

Drink DrivingYou may be asked by a police offficer to provide a breathalyzer sample under any of the following circumstances:

• If there is reasonable cause to suspect you have committed, or are committing, a moving traffic offense.
• If, when stopped by a police officer, they have reasonable cause to suspect you are under the influence of alcohol.
• If a police officer has reasonable cause to suspect you were driving / in charge of a motor vehicle that was involved in an accident

If the breathalyzer returns positive or if you refuse to provide a breath sample you will be arrested and taken to a police station. Here you will normally be asked to provide two breath samples for analysis, with the lower reading taking precedence if there are differences.
If the reading taken is over the limit, you will have committed an offence and will charged and bailed to appear in court at a later date. You will normally be free to drive until the date of your hearing.

Drink driving convictions can carry a fine of up to 5000 and up to 6 months imprisonment. Points awarded on your license can be between 3 and 11, or you could receive a disqualification of up to 18 months, depending on the circumstances.

Traffic Accidents & Careless DrivingIf you are involved in an accident, you are required to stop and report the incident to the relevant authorities and interested parties (such as insurance companies). Failure to do so is an offence in itself and can result in a fine and points on your license.If you are found to have caused an accident through careless driving or while under the influence of drugs or alcohol, as detailed above, you are likely to receive a fairly large fine or a custodial sentence.

Reckless / Dangerous DrivingThe consequences of being found to have been driving dangerously are likely to be similar to above but with increased jail sentences and fines.

Construction & UseIf your vehicle is found to be in an unsuitable or dangerous condition, you can receive 3 points on your license. This includes defective tyres, impaired steering or insufficient breaks.

Disqualification

If you have been disqualified from driving because of a motoring offence, you must apply for a new license, even if your old one has not run out. You will be sent the relevant paperwork 56 days before the end of the disqualification period. The forms must be completed and returned, with an appropriate fee to the DVLA in Swansea.

For a 'Short Period Disqualification' (less than 56 days), it is not not necessary to obtain a new license. Instead the court will mark your license with a stamp detailing how long you are disqualified for, and you will be permitted to drive again the day after the date stated on the stamp.

Reducing a Disqualification Period

If you have been disqualified for 2 years or more you are entitled to apply to the convicting court to reduce the period of disqualification, under the following circumstances:

• After serving 2 years of the disqualification period if you were disqualified for more than 2 but less than 4 years
• After half the period of disqualification has been served if you were disqualified for less than 10 years but not less than 4 years
• After serving 5 years of the disqualification period if you were disqualified for 10 years or more.

Removing Endorsements

Serious offences such as death by careless driving or the influence of drugs or alcohol must remain on the license for 11 years from the date of conviction. Other offences must remain on the license for a period of 4 years after the conviction.

Expired endorsements can be removed from your license by completing the relevant form and returning it, along with the appropriate fee to the DVLA in Swansea.

Duncan Hall.

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