Askews Legal LLP – Driving Offences Solicitors Leamington

Minor traffic offences such as speeding are usually dealt with via a Fixed Penalty Notice (FPN) rather than through the Magistrates’ Court. An FPN can be issued on the spot by the police or sent through the post. If you pay the FPN you will avoid prosecution. However, if you believe the FPN was wrongly issued or there has been a mistake, we can advise and represent you in Court.

Several sentences can apply if you are found guilty of a motoring offence, including:

• penalty points added to your licence
• disqualification from driving
• community service
• fines
• a prison sentence

You can also be ordered to pay compensation.

Most of us have lost our temper at some point when driving. Incidents of road rage can range from making a rude gesture to another driver to causing grievous bodily harm or even death.

There is no specific offence of road rage. However, you can be charged with offences committed whilst being furious with a fellow driver. For example, if another driver cuts you off and you start tailgating them, you could be charged with careless or (more likely) dangerous driving. Threatening to attack or actually harming someone is likely to lead to a charge of assault and/or battery.

Incidents of road rage can be frightening for the victim and other road users. When it comes to sentencing, the Court of Appeal in R. v Howells (Frank Thomas) [2002] EWCA Crim 1608; [2003] 1 Cr. App. R. (S.) 61 declared:

“We deduce that for road rage cases of dangerous driving, where no accident nor injury results, and where there is no consumption of alcohol, but where there is ample evidence to suggest furious driving in temper with an intent of causing fear and possible injury, the appropriate sentencing bracket lies between 6 and 12 months.”

If you have been charged with any offence in connection with road rage, contact us immediately.