Government Plans Reduce Role Of Courts And Give More Power To Police In Speeding Offences

Driving law solicitors Keepmedriving.com state that UK Government proposals could disadvantage motorists by forcing them to accept fixed penalties for speeding when a more just and equitable outcome could have been obtained through the courts
By: Duncan Finlyson, Keepmedriving
 
Nov. 28, 2008 - PRLog -- Driving law solicitors Keepmedriving  have expressed concern that government proposals to increase penalties for speeding and other driving offences could create a system where more reliance is placed on police powers than on court involvement.  They warn that many may see new powers to impose up to 6 points on an individual’s driving licence and increase the levels of fines without the need for court intervention, as simply another way to increase revenues and save costs.

The temptation simply to accept a fixed penalty notice instead of contesting it in the courts will be greater once fixed penalties are extended to those offences which currently can only be dealt with by way of court summons.  Drivers unable to afford the time or the money to contest matters in court may therefore be disadvantaged and could be banned from driving if they commit two offences of driving over the speed limit by a significant margin where a more favourable outcome could be available in the courts.

Commenting on these proposals, driving law expert Jonathan Wright, a solicitor with Richard Nelson Solicitors who operate the web-based Keepmedriving service, said:
“These proposals need to be thought through very carefully.  It is not just about increasing penalties to deter more drivers from exceeding the existing speed limits.  The Government needs to think about the social consequences and do more to change attitudes and educate, not just penalise.  Legislation that is brought into force without the appropriate consultation can in the long run cost the tax payer more than it saves.”

The plans, which follow closely on the heels of plans to introduce new types of speed cameras, will ultimately place more power in the hands of the police.  This could potentially force drivers to accept penalties based on evidence that may not have stood up to judicial scrutiny, rule and procedure.

Jonathan Wright said:
“People lead busy lives and it is not uncommon under the present system for people to accept a fixed penalty notice rather than contest or challenge the legality of it simply because they do not have enough time, especially if it is their first offence.  Under the new proposals, the number of people who will be given the chance to be dealt with administratively will increase and there will inevitably be more people who take this option out of convenience.  The consequences of any speeding offence and resulting points on a driver’s licence should never be under-estimated and the fact that a larger range of speeding offences could be dealt with administratively by the police means that it is vital that professional advice is obtained before any fixed fee penalty is accepted.”

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Keepmedriving.com - a comprehensive web site and legal service designed to assist all drivers, both private and commercial, who encounter problems with road traffic legislation or who fall foul of the UK’s ever more complex driving laws.
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Source:Duncan Finlyson, Keepmedriving
Email:Contact Author
Zip:NG9 2TA
Tags:Driving, Motoring Law, Speeding, Road Traffic Offences, Courts, Penalty Points, Fixed Penalty, Police, Solicitor
Industry:Legal, Automotive, Transportation
Location:Nottinghamshire - England
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