The Law
The Road Vehicles (Construction and Use) Regulations 1986/Section 41D Road Traffic Act 1988 Regulation 104/Section 41D Road Traffic Act 1988 - No person shall drive or cause or permit any other person to drive, a motor vehicle on a road if he is in such a position that he cannot have proper control of the vehicle or have a full view of the road and traffic ahead; and
What would amount to not being in proper control?
There are many instances which could amount to not being in proper control, as there is no legal definition of what it actually amounts to, but here are some common examples (This list is not exhaustive):
● Eating at the wheel i.e. fruits, crisps, chocolates, chips, etc.● Drinking something whilst at the wheel i.e. soft drinks, coffee, tea, etc.
Putting on makeup or brushing teeth.● Doing something else whilst driving (eating, reading a map, distracted by the Sat Nav etc)● Reading papers or maps. The latter could be from a paper or on an electronic satellite navigation system.● Using a mobile phone other than for making or receiving calls i.e. looking at the satellite navigation system or choosing your favourite music to play whilst driving.
wish to sincerely thank you for representing me yesterday including putting my mind at rest, explaining the procedure beforehand and ensuring I understood what was happening during each stage of the process.
I already feel a little bit easier just communicating with you.
What will happen if I am found to have driven not having proper control of a vehicle?
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The police will normally issue fixed penalties as they are usually not disputed. If the police believe that you have driven whilst not being in proper control of a vehicle, you will receive 3 penalty points and a £100 fine, if dealt the police decide to deal with it by way of a fixed penalty.
If the police are involved and want to interview you, this usually means that they are investigating you for the offence.
If the case is referred to the Magistrates Court, because you already had too many penalty points on your driving licence, the fine could increase to £1000 and 3 points with a discretionary disqualification, and to £2500 fine if the vehicle designed to carry more than 8 passengers, such as minibuses, etc.
The prosecution would have to prove beyond all reasonable doubt that you were not in a position to be in proper control of your vehicle, or you did not have a full view of the road ahead, which can be difficult to prove unless there was evidence of weaving or swerving or near collision. A summons to attend court is more likely if the accident caused significant damage or injury to a person.
If you plead guilty or are found guilty of having driven while not having proper control of a vehicle, the court will impose penalty points, costs and a fine or worst-case scenario, may impose a disqualification from driving – generally the worse the standard of driving, the more serious the punishment.
Whether you would like to plead guilty or dispute the offence, our specialist advice and assistance can help achieve the best outcome for you.
How can Lucinda Dore Solicitors help me?
With over 20 years’ experience, Lucinda Dore Solicitors offers a more bespoke and personable service than most firms. We can be present in the interview and can also liaise with the police on your behalf to obtain as much information as possible before the interview. We will also:
Explain the law.
If you receive a summons to attend court, we can advise you of the evidence against you, explain the law and your appropriate plea.
Advocate your case.
We can expertly advocate your case to the court presenting the court with your own personal mitigation with a view to achieving the best outcome for you.
Prepare for trial.
If you wish to challenge your case, we will prepare your case for trial, providing expert advocacy to robustly defend the case against you.
Virtual consultations.
We can also offer virtual consultations so clients can get professional legal advice from the privacy and comfort of their own home.
Make sure you are protected with specialist legal advice for any Road Traffic Offence. Complete our online enquiry form below for a free, no obligation discussion about your case.