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Penalty Points & Perjury? |
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Written by Andrew McHale
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Friday, 03 February 2012 16:42 |
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The former Energy Secretary and current Lib Dem MP for Eastleigh, Chris Huhne and his ex-wife, Vicky Pryce, have been charged with perverting the course of justice. He has resigned from his former cabinet position as a result.
It is alleged that in 2003 Mr Huhne committed a speeding offence and that he informed the police that Ms Pryce was driving the car at the time. Ms Pryce subsequently submitted her driving licence for endorsement of penalty points.
Mr Huhne has stated that he is innocent of the offence.
In order for the Crown Prosecution to prove that he is Guilty, they will have to prove to the Court, beyond reasonable doubt, that he intended to pervert the course of justice when providing the above information to the police. Although he has not provided specific comments, Mr Huhne’s defence will be one of two and will, as always, depend on the evidence.
He could claim that it was in fact Ms Pryce who was driving the car and therefore he did not provide false information to the police at all. However, given that he has been charged it is likely that the police have solid evidence that it was he who was driving the car. The more likely defence is that he genuinely believed, at the time, that Ms Pryce was driving the car on the day in question. His success will simply and completely depend on whether or not the Court believe him. This will be helped through a thorough examination of the evidence and case preparation by his lawyers.
Perverting the course of justice is a common law offence; meaning that it has been established by decisions of the Courts rather than set down in statute. It is indictable only; meaning that it must be tried in the Crown Court. If found Guilty of the offence the Crown Court could fine or imprison Mr Huhne or Ms Pryce. |
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Case Study 2 – driving without insurance |
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Written by Andrew McHale
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Friday, 27 January 2012 14:58 |
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Our client was charged with driving a motor vehicle without insurance. Our client informed us that he was driving the vehicle for his former employer which provided him with a defence.
Unfortunately, the police documentation was not helpful as it did not provide comments on whether our client was driving the vehicle for his employer nor would his former employer provide evidence to support him.
We therefore adopted a robust approach and pressed for the police to clarify their evidence and witness summoned the owner of our client’s former employer.
As a result of this thorough preparation the Magistrates had no option but to find our client Not Guilty. |
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Last Updated ( Friday, 27 January 2012 15:02 )
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Changes to Drink-Drive Rehabilitation Scheme |
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Written by Andrew McHale
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Thursday, 10 November 2011 12:01 |
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Proposals to modernise the Drink-Drive Rehabilitation Scheme (DDRS) were announced today by the Driving Standards Agency.
These aim to improve both the standard of courses offered to drink-driving offenders and the way they are approved. The proposals are also intended to encourage more training providers to become involved in delivering DDRS courses, improving access to the scheme for offenders in areas with high incidences of drink-driving.
The Government also intends to make the financing of the scheme fairer. Rather than the cost of administering the scheme being met by the general taxpayer, the consultation proposes that offenders should pick up the bill for this through the fees they pay to cover the cost of their training.
The overall aim is to reduce the number of re-offenders by educating them on the potential consequences of their behaviour.
Road Safety Minister Mike Penning said:
"Most drivers are safe and responsible but there is a reckless minority who put lives in danger by drink driving and those drivers need to be tackled effectively.
"As well as taking action to help the police to deal with drink-drivers, we are looking at how we can reduce the likelihood of re-offending through improving the Drink-Drive Rehabilitation Scheme.
"Improving the way courses are delivered is a positive step towards achieving this and will help to ensure Britain's roads remain among the safest in the world." |
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Last Updated ( Thursday, 10 November 2011 12:14 )
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Case Study 3 – 12 points on licence, Automatic Disqualification |
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Written by Andrew McHale
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Friday, 27 January 2012 15:00 |
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Our client had accumulated 12 points on his driving licence and therefore faced automatic disqualification unless he could show that he faced “exceptional hardship”.
Our client was a business man and required his vehicle in order to maintain his business. He also had important family commitments which could only be facilitated by using his car.
We prepared a very detailed statement on behalf of our client which detailed the real need for him to use his vehicle.
As a result our client was not disqualified from driving. |
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Last Updated ( Friday, 27 January 2012 15:03 )
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Case Study 1 – Driving under the influence of alcohol |
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Written by Andrew McHale
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Friday, 27 January 2012 14:45 |
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We were recently instructed by an individual who had previously been disqualified from driving for driving whilst under the influence of alcohol.
Our client then committed the offence for a second time but, as he was disqualified and due to the seriousness of the offence, they faced imprisonment.
As always, we made our client fully aware of the situation he faced and advised him that a prison was a real possibility. Our client was sentenced to 3 months imprisonment by the Magistrates and he was immediately taken into custody.
We strongly believed that this decision was not in the public interest as the sentence, in the circumstances, would only make our client more likely to commit the same offence again.
We therefore immediately appealed the decision to the Crown Court on this basis. We pushed the Crown Court to list the appeal as soon as possible. It was heard one week later and our client had his sentence reduced and was released from prison. |
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Last Updated ( Friday, 27 January 2012 14:59 )
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Compulsory Car Insurance – On or off Road |
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Written by Laura Sharrock
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Friday, 27 May 2011 13:51 |
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Since 1930 it has been an offence to drive a vehicle on the roads without insurance. As of the end of June 2011 it will be illegal to own an uninsured vehicle, even if it is not being used.
If you are caught, you will face a fine of up to £100, potentially have your car seized or destroyed an possibly face a criminal prosecution with a fine up to £1,000.
At the end of June 2011 the Motor Insurers’ Bureau will be sending out letters to uninsured drivers in order to remind them of the change in the law. You may be able to avoid a fine and prosecution by insuring your vehicle immediately, make a Statutory Off Road Notification (SORN) to the DVLA, or notify the DVLA if you are no longer the registered keeper. Existing SORNs will not be affected.
Vehicles used only the summer months, such as classic cars, will be subject to the new rules. This may lead to creative new insurance products but consumers will have to wait for these.
The move has been perceived by some as a positive step towards reducing the number of uninsured drivers on the road which in the long run may reduce insurance premiums but there is an opposing view that this is simply further layer of unnecessary bureaucratic red tape.
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