Tag: motoring law

The implications of having your vehicle impounded by the police can be severe. The financial penalties alone can have a major impact, with fixed penalty notices and storage fees accruing on a daily basis at the storage compound. The costs don’t end there, though, as you could also have your driver’s license endorsed which could make it really difficult to find insurance in the future without the help of an impounded car insurance specialist.

Seized vehicles seem to be a hot topic in the news of late. Articles about the number of uninsured drivers being caught and reports of new police campaigns and crackdowns are becoming common amongst the pages of most newspapers. The number of cars, vans and motorcycles being seized is growing year on year and while most people now know that your car can be seized for driving without insurance, there are other reasons that your car could be impounded.

The law allows certain specially trained police officers to confiscate vehicles for a number of reasons. These laws have been implemented to help the police that are patrolling our roads to remove vehicles that are being used illegally or in ways that can cause danger to other motorists or pedestrians.

If the driver isn’t properly insured or their license does not permit them to drive the vehicle
If the police have reason to suspect that the driver of a vehicle is not properly insured, Section 165a of the Road Traffic Act 1988 grants them the power to seize the vehicle and have it transported to a secure police compound until the driver can produce sufficient evidence that they are covered. The same section of the Road Traffic Act allows police officers to confiscate vehicles when the driver either does not have a valid license or their license does not permit them to drive that category of vehicle.

With automatic number plate recognition (ANPR) systems fitted in almost every police patrol vehicle, it’s easier than ever for the police to identify drivers that aren’t properly insured. ANPR systems automatically scan the registration plate of the vehicles that come into their vision and compare the details to insurance databases that will notify the officers if there is a potential violation.

If the police stop you because your vehicle is flagged by their ANPR system, or even as part of a routine traffic stop, and it becomes clear that you’re not properly insured; your vehicle can be taken from you and be transported to the police compound.

Don’t worry if you don’t have your insurance documents with you when the police stop you, as long as you’re able to provide adequate proof that you are insured the police will be able to confirm the information that you provide to their colleagues. Giving the officer the name of your insurance company and the date on which you arranged the cover is generally enough for them to check that you do have a policy in place.

The same process is carried out by the police if they suspect that you don’t have a driver’s license or if they think that your license has been revoked or does not cover you to drive that particular vehicle class. If your license does not cover you then your vehicle can be seized and impounded on the spot.

The police can seize your car if you are deemed to be driving dangerously are in a careless manner. If the police stop you because they think that you have been driving in a dangerous or alarming way, they have the power in extreme cases to seize your vehicle and have it towed to be impounded. You will be dealt with normally for your offence, being handed fixed penalty notices or a court summons.

Additionally, you will receive the paperwork concerning the seizure of your vehicle; primarily a vehicle seizure notice and information on what steps you need to take in order to recover your vehicle such as taking out an impounded car insurance policy and providing proof of this to the compound staff.

These powers have been granted to the police under section 59 of the Police Reform Act 2002, in attempts to offer a harsher deterrent to dangerous drivers and help to keep the roads safer for other users.

The police can impound vehicles that are parked illegally, dangerously or are suspected to have been abandoned.
Under section 99 of the Road Traffic Regulations Act 1984, some police officers have been granted the power to remove vehicles that are parked illegally or dangerously or that have been abandoned.

It’s important, if your car breaks down, that you do not leave it in a place that can be deemed as causing an obstruction because the police can remove it and have it taken to their compound. This means that you will not only have to fork out for potential repair costs but you will also have to pay compound storage and release fees in order to retrieve it. If your vehicle does breaks down and you have to leave it, it’s vital that you do what you can to make sure it is left in a safe way.

A lot of people think that drink driving is the end of the world, and it’s understandable given the list of penalties that could be handed to you. Depending on the severity of the offence, it could be a fine, a custodial sentence or a disqualification that awaits you if convicted, but it’s important to know that there may be defences to the charges. Here are three questions you should be asking yourself if you’ve been caught drink driving.

Was the equipment faulty?

If you’ve been left with your head spinning following a drink driving charge because you thought you were below the limit, then you aren’t alone. There have been hundreds of occasions over the years where people have driven in peace of mind knowing that they are well below the legal limit. However, they’ve been shocked and embarrassed when pulled over and breathalysed, only to find that the reading is over.

There can be several reasons for this, and a competent motoring lawyer will be able to help you identify them in order to put forward a defence. On the one hand, given that these cases rely on pieces of electronic equipment, which can produce faulty results, the possibility of a technical failure is fairly high. On the other, there are actually three different machines used by the police to measure limits, and each of them require different instructions. If the police who stopped you do not give you the correct instruction it can result in the machine aborting and no reading being produced. In such cases charges of failure to provide specimens can be defended.

 Was correct procedure followed?

 When stopped on suspicion of drink driving a requirement to provide breath, blood or urine samples will normally follow. If samples are not provided this normally results in a charge of failure to provide a specimen without reasonable excuse. However, people may be charged with this offence when they were completely unaware that they had failed to provide anything, and if you don’t have the right solicitor to support you, you could end up with a conviction for a crime you did not commit.

For example, if you were involved in an accident and were taken straight to hospital, doctors and nurses do not follow the same procedure and do not require breath specimens for analysis as normally occurs at the police station. In such situations a proper assessment must be made of whether you have sufficient capacity to understand the requirement for a blood or urine specimen and to provide valid consent.

Who is representing you?

 The final thing you should ask yourself is: who is my lawyer? Without the right team behind you, you won’t know where to begin building a case for any of the defences described above. You should look for lawyers who have experience of situations you find yourself in and that you’re able to view on their website.

Do you have any other advice for motorists? Leave a comment below.

Being convicted of drink-driving is a life-changing experience – you may have been banned for a long period, which affects your day-to-day life. You may have lost, or had to change, your job because you couldn’t drive. You may have lost the respect of loved ones, as well as your self-respect.

However, if you’re genuinely remorseful and the experience has changed your life for the better, there’s no reason for the conviction to hold you back from applying for new jobs. Even if you feel a job is a long-shot, you may be able to convince potential employers that you’re not only reformed, but that you’re a real asset.

There’s many a website offering legal advice about drink-driving, but you probably have a lot of questions about what will happen after a conviction in particular job-hunting after a drink-driving. Here are the biggest FAQs and, hopefully, some useful answers.

There are several forums for those with drink driving convictions which offer none judgemental support, ideas, advice or just a safe place to discuss you problems. The biggest is drinkdriving.org and it is free.

Do i have to declare a drink driving conviction on job application?

For most jobs you need to declare unspent convictions (convictions are considered “spent” after a certain number of years), and if you’re applying to work with or around vulnerable adults or children, or in a government environment that requires screening, you’ll need a DBS check (previously known as a CRB check). For drink driving the conviction is spent after 5 years (or two and half years where you are under 18), refer to the information hub for more details about motoring convictions.

You’ll know this check is coming because you’ll sign a declaration when you apply for the job. If you’re offered the job, you’ll need to complete a DBS form and offer various forms of ID. This form can’t be filled without your consent.

How long do i have to declare a DR10 to an employer?

5 years – which begins from the date you were convicted of the drink driving offence.

I have to reveal my conviction and I’m worried I won’t get the job

OK, this is nerve-wracking, but there is someone out there who will give you a chance. Your half of this bargain is to show that you’re a changed person – your conviction is in the past and your life has changed.

If you get an interview and the subject comes up, explain how your life has changed and what you have now that you don’t want to lose. Think beyond your conviction and show people what you have to offer – skills, experience, drive. Be honest about your conviction and don’t try to hide anything.

Can my employer find out about my criminal record without my permission?

No – you need to give permission for a DBS check to be performed on you by an employer and this is only actioned after you have been offered the job. Of course, the employer may withdraw the offer as a result, but not everyone will; and think about it – you were offered the job so you must have something going for you.

Which UK employers have an ex-offender friendly hiring policy

Life after a drink driving conviction isn’t all doom and gloom. There are many well-known employers that actively look to hire ex-offenders and ex-convicts; there’s DHL, Timpson and Greggs, for example. These are large chain stores and companies, of course, and there are many other smaller or independent employers out there who are also willing to give you a chance. Again, be upfront about your past as this will show up the sympathetic employers from the start.