Crime Solicitors

It may be a reasonable assumption to say that many motorists do not remember much of what they learnt during their driving lessons. Habits creep in and motorists tend to develop their own style and standard of driving (for better or worse!).

As a motorist, it is easy or at least understandable to assume that the legalities associated with driving are more straightforward than other laws. If you break the speed limit you know you can be fined. The same can be said for running a red light and these are offences that are widely known amongst all motorists.

As a motor law specialist I often speak to clients who find themselves faced with an allegation of being “drunk in charge of a motor vehicle”. The most common circumstances for this are when a motorist thinks they are doing the right thing by “sleeping a few drinks off” in the back of their car before driving. Whilst their intentions are good, they are in fact still committing an offence if they are found to be over the prescribed limit whilst asleep in their car. It is alarming the number of motorists I speak to who are charged with this offence, who had no idea they could face criminal charges.

There are a range of offences considered to be quite obscure, and rather than get caught out, Duncan Lewis want to help you avoid any run-ins with law enforcement. As such, we present 10 of the more obscure offences that motorists may not have been aware of…..until now.

1. Overtaking at a pedestrian crossing
   
   This is something I am sure almost everybody has witnessed on our roads and probably had no idea they were watching a criminal act unfold before them.
   
   Coming up to a pedestrian crossing on a multi-lane road? Is there a car already stationary there waiting for the lights to change? If the lights change to green during your approach, do not use your extra momentum to whizz past the stationary car - this is illegal!
   
   If you’re scratching your head as to why this is an offence the answer is a simple matter of road safety: the stationary vehicle may be concealing a pedestrian already crossing the road and overtaking without knowing this increases the chances of an accident.



2. Flashing your lights to give way
   
   Whilst many motorists consider themselves as extremely helpful when they flash their lights to give way, in doing so they could leave themselves open to prosecution if an accident resulted from it. Headlight flashes should only be used to warn drivers of your presence on the road and this is detailed clearly within the Highway Code (remember that book you studied during your lessons?)
   
   Essentially, the act of flashing your headlights is open to interpretation (especially as it is used in different ways in other countries) so think carefully before you reach for the beams.



3. Sleeping while drunk in your car
   
   Briefly mentioned above, if you've had too much to drink, you quite rightly shouldn’t consider driving. In those unfortunate circumstances where you have nowhere to stay and you realise that you’ve unwisely spent the last of your cash on another round of shots you may decide to stay the night in your car until you have sobered up.
   
   The law states that those in charge of a motor vehicle cannot be over the prescribed limit. While this may seem vague, police will use these circumstances to justify charging you with the offence and it will then be up to you to try to provide your innocence by arguing that you were not “in charge” of the vehicle, had no intention of driving or were not in fact above the prescribed limit.



4. Using your phone as a sat nav in an unfixed position
   
   Tougher penalties for using a mobile telephone whilst driving have been in force now since March 2017. It has been illegal to use a hand held mobile phone while driving, or while stopped with the engine on, since December 2003 but the penalty has now been increased from 3 points and a £100 fine to 6 points and a £200 fine. This means that mobile phone offenders will face an increased risk of “totting up” and facing a disqualification. It also means that new drivers face a “one strike” rule before facing revocation.
   
   The law also applies when drivers are sitting in stationary traffic, so they technically can't even adjust the route at lights or in a traffic jam.
   
   You can ONLY use your mobile telephone when stopped at the roadside before starting your journey and during the journey it must be kept in a suitable cradle. The positioning of the cradle must not obstruct your view or affect your ability to control your vehicle in any way.



5. Letting animals out of the car while broken-down on the hard shoulder
   
   The Highway Code clearly states that you must leave any animals in a broken-down vehicle when stranded on the hard shoulder.
   
   Only in an emergency should you consider letting them out - if you don't obey this and an accident is caused by your animal on the hard shoulder, you could face a driving offence charge.



6. Parking on the wrong side of the road at night
   
   Motorists should not park on the wrong side of the road at night.
   
   Contrary to popular belief, this is not because you have to drive on the opposite side of the road in order to enter and leave the space; it is actually due to the risk of dazzling other drivers.
   
   You'll both dazzle other drivers with your headlights as you park and leave, while your rear light reflectors will also not be visible once you've left the car.
   
   This is a driving offence under rule 248 of the Highway Code and can receive a Penalty Charge Notice.



7. Driving on the pavement unless you're turning into a driveway
   
   If you're parked in a way to inconvenience pedestrians, you're causing a driving offence and may face charges of careless driving. The same can (some might say, incredibly) be applied to splashing pedestrians when driving through puddles. Doesn’t seem s as fun now does it?
   
   Rule 244 of the Highway Code states that you must not park fully or even partly on the pavement unless road signs permit it: in London, it's an offence to park on the pavement, full stop.



8. Using the horn between 11.30pm and 7am in a built up area
   
   It seems like taxi drivers do it all the time - beeping the horn late at night.
   
   But it's actually illegal - and this includes a short parp when waving to the family during your early-morning start.
   
   It's unlikely the police would charge you if caught, but it's still a driving offence you may not be aware of.



9. Driving at more than 50mph in a van on a single carriageway road
   
   This is a rule that catches many people unaware and many motorists do not know about the varying speed limits for different types/class of vehicle.
   
   Vans that aren't car-derived must not exceed:
   
   
   • 50mph on single carriageways
   
   
   • 60mph on dual carriageways
   
   
   • 70mph on motorways
   
   
   So don't try to keep up with the flow on single carriageways, as you'll be breaking the law.
   
   On dual carriageways, the limit is 60mph, but these vans are allowed to do 70mph on the motorway.



10. Parking within 10 metres of a junction
    
    Parking too close to a junction makes it harder for everyone - those approaching the junction have to steer around the car, and those turning into the junction risk driving into an unsighted car on the wrong side of the road.
    
    It is a driving offence, so don't commit it.

You can nip to the shops safe in the knowledge that these 10 obscure offences can be avoided! Happy motoring!

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

Duncan Lewis Road Traffic Solicitors

Duncan Lewis Solicitors are specialists in road traffic law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.

For specialist advice please call our Road Traffic specialist Neil Sargeant on 02031141145 or email him on neils@duncanlewis.com.