Any person who is
driving, attempting to drive, or in charge of a
motor vehicle on the road, or in a public place
(eg any land that the public have access to),
may be required by the police to provide a
breath test, to ascertain whether they are over
the prescribed limit of alcohol - 35 micrograms
of alcohol per 100 millilitres of breath (or 80
milligrams of alcohol per 100 millilitres of
blood).
Many people define
speeding by 5 - 10 mph as merely 'driving over
the limit' and even view speeding by 10 - 20 mph
as 'acceptable speeding'. Many people consider
'real speeding' to be only speeding by more than
20 mph. Most of us speed from time to time
however with the profusion of speed cameras on
the roads today a large portion of our society
is being criminalised. With disqualification
risk being so high motorists now demand to know
their rights and wish to exercise them.
Your
driving licence is automatically revoked if you
build up six or more penalty points within two
years of passing your first driving test.
This includes any penalty points you had before
passing the test, which are still valid. You’ll
have to reapply for your driving licence as a
learner driver and re-sit your driving test. You
are in most jeopardy not just because you lack
experience as a driver but because the penalties
hit you faster.
The courts can order the
immediate disqualification of the offender. The
serious nature of the offence is reflected in
the level of the maximum fine, £5,000, and the
automatic endorsement of 6-8 penalty points.
The police also have wide powers to stop
vehicles and inspect certificates and the
facility to obtain online information regarding
your insurance position.
In
England the CPS suggests that the worst cases of
using a mobile phone or MP3 player while at the
wheel could land drivers with up to two years in
prison. Worst cases of death by dangerous
driving should be charged with manslaughter, the
CPS says. We can expect that the authorities in
Scotland will have close regard to our
neighbour's viewpoint and may adopt a similar
stance.
roadtrafficlaw.com
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