Author: Shama K

The team here at Caines Law is made up of specialist motoring law experts, with extensive experience in handling all types of driving offence cases, delivering the highest standards of representation for all our clients.

Most recently, we took on a case where the defendant was facing prosecution for dangerous driving after a member of the public saw a livestream on TikTok of them behind the wheel and reported it to the police.

The police then succeeded in accessing the live stream, alleging that they had identified multiple instances of dangerous driving as a result and were able to monitor our client’s whereabouts. He was then arrested at the roadside for dangerous driving.

A not guilty plea was entered and the matter went to court for trial, with the defendant willing to accept the lesser charge of careless driving. This was refused by the prosecution, however, believing there was sufficient evidence for a dangerous driving conviction.

As such, the matter went to court. Attempts were made to have the TikTok footage excluded from the evidence on the grounds that it contained hearsay. Although this was accepted by the court, it was advised that the footage itself would be made the focus, with all hearsay elements duly ignored.

The defence argued that the speedometer was only visible in the video for a short amount of time, there was no loss of vehicular control, there was no accident and there was no evidence of racing. 

Furthermore, there was sufficient room for the manoeuvres taken by the defendant, with no other vehicles seen in the video having to take excessive corrective angles to avoid impact.

And the video footage also showed the defendant slowing down near roundabouts and roadworks, indicating that he was in control of the vehicle and able to take some degree of corrective action as appropriate.

An attempt to rebut this was made by the prosecution but the court found the defendant not guilty of dangerous driving, choosing instead to impose the lesser charge of careless driving, an outcome that the defendant was extremely happy with.

Commenting on the case, Caines Law solicitor Feroz Bhimani said: “Just because the police say it’s dangerous doesn’t mean it is dangerous driving. Often the police misapply the legal tests in overcharging unsuspecting motorists where a careless driving charge would be more appropriate. The differences in penalties are remarkable and often life changing.”

We defend all types of driving offences including drink driving, speeding, failure to report, failure to stop, failure to identify the driver, driving without insurance and more.

If you’ve been charged, summoned or are under investigation for a motoring offence of any kind, get in touch with the team today for a free consultation and we’ll be able to tell you if you have a defence.

There are a lot of driving laws that we need to be aware of in order to stay safe on the road and to avoid any serious repercussions. 

While many of these will be obvious and if we do break them we’re certainly aware of the fact (such as speeding or drink-driving), there are other smaller offences that we may be guilty of doing without even really knowing it. 

Here are just four common driving behaviours that could get you in trouble with the long arm of the law if you’re not careful.

Misuse of the horn

It’s not uncommon for drivers to lean on the horn out of frustration with other people on the road, but this is actually illegal and you should only use your horn aggressively or while the car isn’t in motion if you’re warning of present danger.

Splashing pedestrians

We’ve all seen it happen… drivers charge through a big puddle by the side of the road, often intentionally, to splash pedestrians walking past. This is, in fact, illegal and you could be hit with a fine of up to £5,000 or a fixed penalty if you’re caught in the act.

Tailgating

It’s quite easy to tailgate by mistake, where you drive too close to the car in front – although, of course, many people do this on the motorway on purpose if they deem you to be driving too slowly. Note that tailgating potentially counts as careless driving and you could get three points added to your licence as a result.

Playing music too loudly

We all know the joy of driving along with our favourite tunes to keep us company – but play your music too loudly and you could be breaking the law if it proves distracting and affects your driving ability. Fines of £100 and three penalty points could be yours as a result.

What to do if you’ve committed a driving offence

Don’t panic if you’ve fallen foul of the law and have to go to court for a motoring offence. Get in touch with the Caines Law team to see how we can help.

Did you know that you could face a mandatory 6 month driving disqualification if you accumulated 12 penalty points on your driving licence?

Imagine how our client felt when he was facing prosecution for several motoring offences which could have resulted in his licence being endorsed with 42 penalty points.

With our representation and legal expertise, we were able to help our client avoid an 18 month driving disqualification by putting forward an Exceptional Hardship argument based on the difficulties that his employer, colleagues and patients would face if he was to receive a lengthy driving disqualification.

Not only did the Court depart from the Sentencing Guidelines by imposing a driving disqualification of a mere 21 days, but this also had the effect of wiping clean all the points on our clients driving licence! Another great result from our Motoring Team!

Image Credit: https://festoonhouse.com.au/

Most clients receive penalty points on their licence and don’t particularly think anything of it. One of our clients recently received 6 points for allegedly driving at a speed of 92mph in a 50mph zone. At first instance, the client represented himself at Magistrates’ Court but having fallen foul of the justice system he was convicted despite his best attempts. He then instructed Caines Law to launch an Appeal in the Crown Court with a view to quashing the conviction on the grounds that he did not at any point travel at an excessive speed.

When the matter came before Croydon Crown Court, it was clear with our preparation and extensive research on the case, that the evidence against our client was extremely weak with clear discrepancies in the Police Officer’s statements. This was put forward by our barrister who made representations to discontinue the matte on the basis that the Police Officer had identified the wrong vehicle.

Not only was the matter thrown out of Court before the Appeal Hearing went ahead, but our client was also able to recover all of his legal fees and expenses! Another great result for Marc from our Motoring Team!

Caines Law are proud to announce that the excellent services they provide will now also be offered through their Personal Injury Department assisting clients who have suffered personal injuries through the negligence of another.

Caines Law have this week successfully defended two clients who were both charged with Drink Driving. Both clients instructed the Firm after having been charged with the offence and having spoken to other Firms who had advised the same clients that defending the charge would not be possible. Both cases were dismissed after trial on the basis that the Court found that the Intoximeters used to record both clients’ test results could not be relied on. Both clients were ecstatic with the results. Both clients successfully applied for a Defence Costs Order which was allowed to permit them to recovery costs incurred in their defence.

Caines Law are a nationwide law firm that provide representation for clients throughout England and Wales. Irrespective of geography, we are able to provide the exceptionally high standard of service to all clients regardless of where clients are located. We have consultation offices throughout the country for those clients who prefer the face-to-face ‘I want to see my lawyer in the whites of their eyes’ approach. For the majority of cases, we operate in the modern way and communicate and prepare cases on behalf of our clients by telephone and email. This complete approach ensures that all clients, regardless of where they are, can benefit from the best representation available from lawyers who truly are at the pinnacle of their profession in servicing clients in their legal matters.