Driving Offence Penalties You NEED to Know About! | BlackBeltBarrister

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  • Опубликовано: 8 июл 2021
  • We all know that there are lots of different driving offence penalties you can receive but you may not know how serious some of the penalties can be and for what may appear to be something relatively minor at the time. Penalties for driving offences can have a devastating effect on every aspect of your life so it is important to know what those penalties are and how they can arise.
    This is not legal advice, of course, just an outline of some of the penalties and some of the reasons they can be imposed.
    Drug driving list:
    www.gov.uk/drug-driving-law
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Комментарии • 391

  • @davidharvey4059
    @davidharvey4059 3 года назад +54

    This is all very well, but in my 40+ years of driving, it is never the dangerous idiots who get stopped and charged!
    The standard of UK driving is infinitely worse than it has ever been, yet you almost never see proper Policing of the roads to get the loonies off it, just static speed cameras earning income for the government

    • @johannesmajamaki2626
      @johannesmajamaki2626 3 года назад +4

      Measurements of instantaneous speed like that are the spawn of the devil.
      If you're going to enforce limits like that, put a camera at the beginning and end of a long zone (miles) and enforce average speed instead. Much better than one camera at the end of a downhill trying to catch you off guard.
      But really these robots aren't very good for identifying genuinely dangerous behaviour in any case.

    • @libanabdi2253
      @libanabdi2253 3 года назад +4

      @@johannesmajamaki2626 They have average speed cameras on the A9 between Dunblane and Perth and it's perfect. People stick to the speed limits and it's just a more comfortable drive.

    • @super_straight
      @super_straight 3 года назад +1

      You are absolutely right. Awful driving culture was imported with the divine diversity.

    • @1066gaz
      @1066gaz 3 года назад +5

      @@libanabdi2253 Comfortable alright, constantly looking down checking your speed to see if your just creeping over the limit without realising it, constantly taking your eyes of the road looking down at the speedometer.
      Dangerous in itself and spoiling your driving enjoyment too.

    • @xTerminatorAndy
      @xTerminatorAndy 3 года назад +1

      @@1066gaz really? Just don't drive harder than the cars in front of you and you won't have to micromanage the speed

  • @sahhull
    @sahhull 3 года назад +22

    And yet I can guarantee I'll see at least 6 drivers a day, every day on their phones whilst stuck in traffic or at traffic lights. They just cannot leave the things alone.

    • @MrMaxLions
      @MrMaxLions 3 года назад +2

      How about the number of police that you see do exactly that? Its a tool that's made tools of us all

    • @sahhull
      @sahhull 3 года назад

      I know it won't happen, but I'd like to see them get a 5 year phone ban

    • @ibrahim-sj2cr
      @ibrahim-sj2cr 2 года назад

      and your so perfect

    • @shawnrahoon6789
      @shawnrahoon6789 2 года назад

      Drive in the US and you'll be lucky if you see 6 drivers NOT on their phone.

  • @drewaitchison3521
    @drewaitchison3521 3 года назад +19

    Good info thank you.
    I'd like to share this if I may.
    I went to court several years ago after witnessing the driver behind me destroy a caravan and car which was parked on a grass verge with a flat tyre.
    A woman who was between the car and caravan was killed. I was with her until she took her last breath. Her husband suffered injuries also. The driver who caused it admitted that he was fixing the removeable controls onto his radio when he hit the caravan, he was travelling at approximately 60mph.
    The judge gave him a £1,200 fine, no jail time. I don't remember if he was banned. Mitigation that he was an Captain in the British Army may have had some bearing on that.
    Judge ruled the death was caused by "a temporary lapse in concentration. Had it been a prolonged lapse of concentration the punishment would have been more severe"
    About 10 years have passed since and this still bothers me. The woman lost her life. Does it really matter how long the lapse in concentration was?
    I doubt I'll ever understand this decision. There was no appeal.

    • @grahvis
      @grahvis 3 года назад

      I would have thought it took more than a temporary lapse in concentration to actually leave the road onto a grass verge..
      If it wasn't completely on the verge, it should have been seen and allowed for from far enough away for it to take more than a temporary lapse.

  • @getyourwillhere
    @getyourwillhere 3 года назад +1

    In Alberta here we have similar points for distracted driving. Also for speeding here if you are doing in excess of 50kph over the speed limit it is an automatic court appearance .

  • @pascallecorvaisierjournali2524
    @pascallecorvaisierjournali2524 3 года назад +2

    Thanks you have open my eyes to laws that I was not aware off. Thank you for all your help in understanding these Laws 👍🖐

  • @allenglishknives6823
    @allenglishknives6823 3 года назад +4

    Great video, everyone could do with watching this, especially with the driving I see in Birmingham 😁
    I guess we just all need to just relax and drive like we were taught 👍🏻

    • @steverumney7613
      @steverumney7613 3 года назад +1

      Some weren't taught........so many without licence/tax/insurance. They are not the ones watching these videos either😳

    • @mrlover4310
      @mrlover4310 3 года назад

      But we don't that's life.

  • @jdmjesus6103
    @jdmjesus6103 2 года назад +2

    I know someone who was done for drink driving while asleep in the back seat of his car. He chose to sleep in the car in January after a night out to avoid driving drunk but started it since it was freezing.
    I imagine next time he'll just drive home drunk.
    Some laws are just stupid.

  • @tonystrange7224
    @tonystrange7224 3 года назад

    Brilliant video this one. Had no idea of the severity of some of the punishments for driving offences.

  • @HoratioBlogs
    @HoratioBlogs 3 года назад +1

    A concise and a useful update, thanks!
    Almost every car these days has 'hands free' tech. eg. Apple/Android Car Play.
    Is it legal to take calls using that?

  • @thejaysatspindrift
    @thejaysatspindrift 2 года назад

    Great video… to the point ! Can you tell us what actions you personally take in respect of your videos when laws, punishments and Highway Code changes become apparent so there is little chance of ambiguity or mis-information ?!

  • @robmarrin6720
    @robmarrin6720 3 года назад +1

    Thanks for the info my friend it would appear that I have been let off by certain scenarios for instance due to dispatch but after this golden nugget no more drinking soft drinks whilst driving, very useful information and by the way all information in this comment is totally fictitious and bears no resemblance to any person past or present 👍

  • @johnhare6652
    @johnhare6652 3 года назад +2

    Writing as a retired police officer We certainly used to take the manner of driving into consideration on whether to issue a FPN or just to have a word with the driver. Whilst speed is a very important factor how the vehicle is being driven is a big consideration.

    • @MyMy-tv7fd
      @MyMy-tv7fd 3 года назад

      I was once stopped for rounding a roundabout on two wheels of a very large Peugeot estate car, and the police very sportingly let me off because I was 'late for church' - it was Sunday am. I was very shamefaced too.

    • @darrenellis8910
      @darrenellis8910 3 года назад

      Never ceases to amaze me just how many of the pathetic young idiots on the tv police documentaries drive horrifically, smashing in to cars and property, driving wrong way along roads but get let off as ‘not enough evidence’, how much evidence is needed when a camera crew is following???
      As for undertaking, I live very close to a 4 lane motorway, there are so many people of both sexes that think it’s ok to pick a lane and never leave it, this often turns a 4 lane motorway in to a two lane road and in some cases a single track road when the idiot decides they want to stay in the 4th lane 😡😡😡🤬

  • @albo1125
    @albo1125 3 года назад +2

    Minor point - the 5,000 fine became an unlimited fine a few years ago as did all other L5 fines.

  • @stevemcilroy9518
    @stevemcilroy9518 3 года назад

    All good info BBB, Thank you. There is a youtube channel, ( Car Focused ) run by a police officer ( Now ex copper ) speeding, filming while driving, doing doughnuts in middle of road. I suppose its fine to flash a warrant card, not if your a member of the public though.

  • @garyharper4188
    @garyharper4188 3 года назад +1

    You can generally ignore the maximum fines. Fines are usually based on a multiple of your weekly income.

  • @helenihuoma5207
    @helenihuoma5207 Год назад

    I like the clarity of your English
    Thanks

  • @thelionzmusic
    @thelionzmusic 11 месяцев назад

    The only video of its type on RUclips, and actually the video I was looking for! Thank you! I just passed my test, hope to not do any of these

  • @darrenjones3681
    @darrenjones3681 2 года назад +1

    I found this subject very interesting particularly the tolerance or margins of “discretion” as most vehicles have only incremental markings on the speedometer of ten miles an hour with a smaller mark to indicate 5 miles an hour, I drive two vehicles, both are German both have similar speed markings, now particularly taller drivers and More noticeable in my VW camper, the angle of your head (which could appear slightly differently to glasses wearers) can seemingly make quite a difference at least probably two miles an hour two the indicated speed, which is why most vehicles Slightly over read the indicated speed,. Personally I’d like to see legislation more proactive towards people harassing drivers within legal limits ie, the majority of people seem to think that as for most vehicles the motorway limit is 70, then they feel that if your driving within that then it’s ok to flash beep, or undertake people driving legally

  • @cryptosteve5377
    @cryptosteve5377 3 года назад

    Thanks for the advice so I can stay safe while driving

  • @rgp1989
    @rgp1989 3 года назад +1

    when is it legal to use a phone when in the driving seat of a car? I have heard people say it is if the ignition is off or there is no key in it, but lots of modern cars have start/stop engines and keyless ignition

  • @matta6170
    @matta6170 3 года назад

    Thanks for the information well appreciated.

  • @amandabriggs1210
    @amandabriggs1210 3 года назад

    I'm to old to speed! Thankyou for sharing very interesting,

  • @KentReynolds
    @KentReynolds 3 года назад

    very helpful thanks!

  • @nickolasreeks4743
    @nickolasreeks4743 3 года назад +1

    BBB, Thank you for providing me with a good chuckle at the folk posting stuff in response to your excellent Video. The level of ignorance is often breath taking.

  • @Angel-il4er
    @Angel-il4er 2 года назад

    Just found your channel and I find it very informative.
    I have a question. I am disabled and use an adapted car. I also take high levels of analgesic. DVLA are aware of both and have given me the right to drive my car as my body uses the analgesia to enable me to maintain a lead as independent life as possible. I stick to speed limits because of the high level equipment my car carries on a daily basis….this also increases my breaking distance. If I was stopped does all of this get flagged by the police. This has always worried me because although I regularly take defensive and advanced driving lessons where do I and many people like me stand, particularly as like many I rely on such analgesia to drive and maintain my independence to a reasonable degree. Without such analgesia I would be housebound and possibly bedbound.

  • @SeanVlismas
    @SeanVlismas 7 месяцев назад

    There's a built in assumption when you pass your theory then practical test that you should be able to recognise when you are fit to drive and then, by extension, when you are not fit.

  • @tomriley5790
    @tomriley5790 3 года назад

    Question - if you drive along a road and 5 cameras take pictures of you speeding.... not happened to me but as cameras dont actually stop you it seems different to being stopped by a police officer.

  • @EwanV
    @EwanV 3 года назад +1

    I think most of the thought that you can drive at 10% over the speed limit comes from the type approval regulations.
    They state that the speedometer:
    1) must not read less than the actual true speed, and
    2) can read up to 10% + 6.25mph high.
    Sat nav speed readings in any car I've owned show they mostly read about 5%-10% high (the tyre condition and wheel size also change the accuracy). This means most cars indicating a speed just over the speed limit, will probably actually be just under.
    I suspect the police guidance has more to do with being able to say the driver should have been aware of the error if he was paying attention rather than an allowance for speeding.
    I also suspect that if you annoy the nice traffic officer, 1mph over the limit will be sufficient for them to stop you and see what actual condition of your car is, and there are enough regulations that many cars will have some minor fault.

  • @pizzaboy3946
    @pizzaboy3946 2 года назад

    Am I right in thinking that, even without a tolerance for speeding, if the recorded margin above the limit is so minimal, a prosecution would be difficult given the need to establish the offence beyond reasonable doubt?

  • @Brookyt00
    @Brookyt00 2 года назад

    Can I ask, got pulled this morning 44 in a 30 I did think the road was 40 but apparently it 30. I was given no ticket or paper work and officer said I was doing 40/45 miles but showed no evidence.

  • @HowdyJJE
    @HowdyJJE 3 года назад

    Hey, great video. But what about contesting these fines if you had to speed/make a turn etc in a medical emergency? Does the Court give consideration for this sort of scenario?

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад

      As a standard rule of thumb - the court usually "takes all the circumstances into account"

  • @ukdnbmarsh
    @ukdnbmarsh 3 года назад +1

    speeding is very odd thing to measure accurately, your speedometer may not be calibrated or the device measuring your speed also, even something such as different tyre profiles can cause your speedometer to display an incorrect reading

  • @PUBLICSECTORJOBSWORTHS
    @PUBLICSECTORJOBSWORTHS 3 года назад

    For a driving offence, If the courts claim they made an error and did not complete an order/decision, can they after 12yrs with all paper records destroyed enforce that incomplete order without a explanation or court hearing??.

  • @stewarthayhurst1079
    @stewarthayhurst1079 3 года назад

    i had a problem i had a crash went into a sign when i pulled over because my blood sugars went low so was charged with dangerous driving got convicted had community service and fine a while later it was found i had been diagnosed and given twice as much insulin as i needed at time i was on 18ml after correction i know take 7ml i tried to ask court if anything could be done and they have no interest just tough luck get on with it

  • @AdrianPhillips-kz6lz
    @AdrianPhillips-kz6lz Год назад

    Very informative thank you. One question, does death by dangerous driving now carry a life sentence?, I thought there was a change at some point recently?.

  • @johngillatt2740
    @johngillatt2740 Год назад

    In my country, South Africa, the instructions accompanying many medications warn users against driving or operating machinery while taking such medications.

  • @billywhizz98
    @billywhizz98 3 года назад +12

    What about police officers in a marked vehicles having a drink whilst driving

    • @tlangdon12
      @tlangdon12 3 года назад

      As someone who has at times changed a cd while driving, I have learned to do it by touch so that I can keep my eyes on the road at all times. I will also not take my hand off the steering wheel unless I am on a straight road with a good view ahead. Town driving requires more concentration, so I might pull over to change the cd if I am in town. I expect policemen develop similar habits that mean they can take a swig of a drink without it being careless.

    • @dragalochta4531
      @dragalochta4531 3 года назад +2

      Police officers are sovereign citizens, the law doesn't apply to them, it's right when its them doing wrong... everyone knows that. 🤣

    • @philt5782
      @philt5782 3 года назад +3

      Takes me back to the 80's when I was hanging out at a local and a panda pulled up and two officers got out, went into the pub and came out with a pint each, sat on the bonnet of said panda and chatted to me and my mates for the duration of their pints. Proper coppers. Happy days.

    • @philt5782
      @philt5782 3 года назад

      @@tlangdon12 If you have a Jaaag like mine from the nineties it has a 5 cd changer and you just touch the button on the steering wheel if said cd is not what your ears are interested in.

    • @ianl1052
      @ianl1052 3 года назад

      @@philt5782
      I use music players on my phone connected to the car player via Bluetooth (not while driving). I've set it to repeat album and, for longer journeys I've created a number of playlists. I decide which album or playlist I want to listen to in advance. Job done.

  • @JerryWalker001
    @JerryWalker001 3 года назад +1

    Anything the government can think of is turned into a penalty. Many years ago I parked at a meter in London but did not have enough change for the time I wanted so I put £1 into the meter. Luckily I was parked outside a post office so I went in to change a £5 note. I came out 10 minutes later and put another £4 into the meter and went to my meeting. I got back to my car 2 hours later and was surprised to find a parking ticket on my windscreen. The meter had not expired but the ticket said 'meter feeding'. I had never heard of this but apparently leaving a gap between putting money into a meter is illegal. I never saw the traffic warden but there must have been one skulking about. To this day I fail to see how spreading the payment for a parking space over a 10 minute period is a parking offence. What a scam.

  • @erdishzane472
    @erdishzane472 3 года назад

    I heard from a friend years ago that car speedometers are set roughly 3 mph over the actual speed. Dash cams seem to collaborate this

    • @fatbikemontage2931
      @fatbikemontage2931 2 года назад

      I have noticed that this deliberate over estimation is uncommon now. It used to be well known that Vauxhall added 10%. So at 70mph on the display, you were probably doing 63mph! My own car is almost perfectly calibrated. 1mph difference at most.

  • @ianmowbray3284
    @ianmowbray3284 3 года назад +2

    There are many people driving in this Country with many more than 12 points on there driving license I think someone has 46 points and is still driving around. It’s down to the Magistrate you are put in front of.

  • @dodgydruid
    @dodgydruid 3 года назад +1

    The 10% plus 2 rule only came into being because back in the day car speedo's were up to 10% or more incorrectly reading and this applied to police vehicles as much as those they were pacing so it was a bit of fast maths that averaged out about right taking in account the errors on both vehicles. My classic car's speedo is about 10 percent out but rather it shows me going faster than I actually am so to be on the ball I just stick to limites knowing I am a little under the readout speed. Modern car speedo's are super accurate in comparison thus why there is less forgiveness in that regard as the error returned is at most about 1%.

    • @thewizzard3150
      @thewizzard3150 3 года назад +1

      @watson Modern car speedo's are super accurate is rubbish. all cars use the same method. revolution of the drive wheels. if your wheels are to small the speedo will over report your speed. if your wheels are to big the speedo will under report. it all depends on diameter.

  • @jamesmackenzie9837
    @jamesmackenzie9837 3 года назад

    Cheers mate 👍

  • @markvarley4557
    @markvarley4557 3 года назад

    Can you clarify the drug driving aspect? I’m prescribed opiate medication for pain, they are quite strong and a controlled drug, my doctor has said I’m ok to drive as long as I feel unaffected and I don’t feel any impairment or other relevant effect, I’m concerned that I may test positive for an illicit opiate test if I’m ever involved in an accident or otherwise routinely tested. Am I quite safe judging that I feel no impairment and my doctor has indicated I can drive? Even though the level in my blood may be above a limit?

  • @DM-it2ch
    @DM-it2ch 3 года назад

    How come you never hear of people being charged with reckless driving anymore? When you see those police chases on TV, they're pretty much always driving recklessly.
    And is there still the offence of "Racing on the public highway"? I seem to recall it used to carry a 10 year ban and unlimited fine.

    • @robertstallard7836
      @robertstallard7836 3 года назад

      It's a matter of proof. It's much easier, and cheaper, and saves court time, to get convictions for lesser offences. A defendant will often accept a guilty plea for Careless Driving, when he would contest a more serious charge and waste everybody's time.

  • @smileyscooby99
    @smileyscooby99 3 года назад

    Can I drive my car if I am waiting for my renewal to be dealt with at the DVLA, my license expired April 2021 (including the 11 month extension)

  • @abdaalbibi6314
    @abdaalbibi6314 Год назад

    How long does it tale to get a letter from the court??. After the offence do u get a nip letter even if after u have to go to court ??.
    Does the court letter have any limits i mean can it come even after 1 year off the offence

  • @kevingallen1678
    @kevingallen1678 Год назад

    The Government should pay you for informing the public about legal matters!

  • @danjo1313
    @danjo1313 2 года назад

    Hi, how do they determine the level of cannabis in your system and Whether you are unfit to drive?
    Obviously cannabis stays in the system for a certain amount of time but does not affect your driving.

  • @seankinvarra1123
    @seankinvarra1123 2 года назад

    Can somebody show me where in the Highway Code does it say undertake comes under careless driving?

  • @chazk4559
    @chazk4559 3 года назад

    You mentioned that you had a video covering using mobile handheld communication device while driving. Can I have the link of that video please? Thanks

  • @gavinpotts6747
    @gavinpotts6747 3 года назад

    It's the sheriff court in Scotland.

  • @EGCC4284
    @EGCC4284 2 года назад

    I have a question for you. What if a lorry driver is on a night out sleeping in his cab in a lay-by or truck stop or motorway services and is taking his legal required overnight driver hours break. He decides to have a few cans of lager. Whilst he is on this required rest, and knowing that by the time he intends to drive again many hours later, knowing at that time he will not be under the effect of drink, can a police officer require him to give a breath sample (ie during his required rest period) ? and does the keys in the ignition have any effect on the rule of being in charge of a vehicle ? I used to be a truck driver for many years and this possible scenario has always been a interesting topic.

    • @philparr2724
      @philparr2724 2 года назад

      I bet he hasnt answered because every area you mention demands a different response, but has to consider the 90's act that made the Road traffic Act apply to anywhere that vehicles and the public come into contact whether on private or public land and until there is a test case , anywhere, as someone who used to advise from a risk point is dont be the first to be tested,,,

  • @ilia2178
    @ilia2178 3 года назад +1

    Does accelerating quickly count as dangerous driving? If for example I'm merging a motorway from standstill and go from 0-60 in 4 seconds?

  • @SheriffCartman
    @SheriffCartman 3 года назад

    Is it ok to drive with an iPad/iPhone on the passenger seat as long as it isn’t touched? I have my work mobile/iPad on my seat charging a lot of the time, though I don’t use them until I’ve parked and turned the car off.

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад +1

      Yes just don’t play films on them or something whilst driving

  • @leathersocks4155
    @leathersocks4155 3 года назад

    On a similar subject. Near where I live there are children riding horses while on their phone.

    • @MDM1992
      @MDM1992 3 года назад

      A horse is generally in control itself when you are riding it though, you may be guiding it on which direction you want it to go but it can think independently and move out of the way of/stop for an impact with something, so I can't imagine that a horse would be considered in any way like a car.

    • @MDM1992
      @MDM1992 3 года назад

      @@millomweb a conscious animal is not the same as an inanimate object. A horse can get scared and freak out of its own accord and not be your fault and be out of your control. A car is solely controlled by you so i don't think I am mate. All I said was i can't see law treating/considering a horse like a car.

    • @MDM1992
      @MDM1992 3 года назад

      @@millomweb it's nowhere near the same though is it, a person driving a car on ice has made a conscious decision to drive on that ice/or in icey conditions, so absolutely the driver is liable as they have actively chosen to do so, but a horse isn't in that league of control as once again it can act independently out of the riders control whereas a car can not. You can lead a horse to water but you can't make it drink.. you can make a car do whatever you control it to do at all times.. I get that they might be treated similarly but similar is not the same, that very word implies difference.

  • @azizhad8870
    @azizhad8870 Год назад

    Can you make a video on offences altering or obscuring your number plate.

  • @back2lay
    @back2lay 3 года назад +1

    If you can be charged for drinking from a bottle of water while your car is not even moving, why have they not banned cup holders in cars?

  • @rizwanlatif4836
    @rizwanlatif4836 Год назад

    Hi
    I was driving i hit a pedestrian there were in the rd I had a blind spot but the camera court me what will happen there got minor injuries

  • @123chris0
    @123chris0 3 года назад

    Is it possible to give an explanation of what is required of you if pulled over by the police? Do you need to get into the police car, give information as to where you are travelling to/from, even speak to them, could you just sit in the car and hold your licence to the window and not interact with them? Thanks.

    • @jonathanbryon870
      @jonathanbryon870 3 года назад

      Assuming you have not committed any offences and you are the driver, the basic things that are/can be required from you are:
      1. production of your driving licence so your name and address can be established, you must state your date of birth (Section 164 RTA)
      2. your name and address (as this may differ from what's on your driving licence, although it shouldn't), the same for the owner of the vehicle (as this may differ from the driver) and your certificate of insurance. (Section 165 RTA)
      These will generally require you to communicate with the officer in some way. You are not required to get out of your vehicle and you are not required to get into the police car.
      This may change if you are suspected of committing any offences. You may be cautioned and then asked some simple questions that are relevant to establishing if the offence is made out. For example, if you have no MOT, where you are going needs to be established. The nature of your journey needs to be known to establish if your insurance covers you for that class of use. If you were seen with a mobile phone in your hand, it needs to be established what you were using it for. You do not have to answer these questions, but as the caution makes clear, failure to answer them may have adverse consequences for you.
      Similarly, when you are stopped by police and you are not under arrest you are free to leave. However, there may again be adverse consequences for you in doing this. If leaving obstructs the officer in his lawful duty (e.g. he is seizing your car for no insurance and you drive off), then you are committing an offence. It's worth noting that police do not need a reason to require you to pull over.
      If you are issued a ticket, the police have the power to take your photograph (Section 64A PACE).
      Certain officers are authorised to inspect your vehicle. This includes the inspection of the interior of your vehicle and for you to comply with their instructions. They may also driver your vehicle to test it. (Section 67 RTA).
      A separate authorisation may also be used to compel you to drive to a weigh station to weigh your vehicle (Section 78 RTA).
      If you are detained for a search (Section 1 PACE or Section 23 Misuse of Drugs Act) you will be required to get out of the car. You may be handcuffed.
      You may effectively be detained under certain circumstances in order to provide a preliminary roadside breath/saliva test (Section 6 RTA).
      If you are arrested, obviously you have to get out of the car. If you are suspected of an offence (even a minor traffic offence) and your name and/or address cannot be satisfactorily established at the roadside, this can constitute a necessity for your arrest (Code G of PACE).
      Some powers are dependent on police wearing uniform.
      If you are involved in an RTC you are required to give your name, address and vehicle registration and the name and address of the vehicle's registered keeper. Failure to do so is an offence. (Section 170 RTA)
      Under Section 172 RTA you may be required to provide the details of the person driving a vehicle at a particular date/time/location if it is considered that you might reasonably know who the driver was, e.g. if you are in a crash, there were three people in your car, and the police turn up and want to know who the driver was. Failure to comply is an offence (which usually carries six points and catches a surprising number of people out).

  • @Sentosaman
    @Sentosaman 3 года назад

    Good pragmatic advice for hand-held devices. Are we ok with hands-free using the car’s inbuilt microphone and speakers?

  • @SelectaWaynazz
    @SelectaWaynazz Год назад

    I've received 2 separate £100 fines for not wearing a seatbelt. I don't have £200, i've requested photographic evidence of me allegedly not wearing the seatbelt but haven't received it yet. Can't find any info on here in regards to seatbelt offences. Can anyone recommend a video with info?

  • @margarethill1071
    @margarethill1071 2 года назад +1

    If a GP has recorded something on your medical records which is incorrect and have then said you should not drive. What can you do to change this. Also would the dvla or police be able to take action?

    • @BlackBeltBarrister
      @BlackBeltBarrister  2 года назад +1

      You can ask them to add a note of correction

    • @margarethill1071
      @margarethill1071 2 года назад +1

      @@BlackBeltBarrister , Thank you I will attempt this I have phoned countless legal professionals, since 1st July and had no meaningful answers. This has left me a prisoner in my own home. as the Physio has been on sick for 3 moths and the original GP I spoke to in March has left the practice

  • @ruth.greening
    @ruth.greening 2 года назад

    Can you do a video on dog attacks? From point of view of dog owner with dog off lead! In area where there is a council bylaw saying it should be on lead. However, there was no one about so let dog off.

  • @GauBan2501
    @GauBan2501 Год назад

    Hi, so I could really do with some help I'm starting to loose my mind. in Feb 2021 I had my first shot of AstraZenica and even with waiting for about 30 minutes was involved in a car accident, which was my fault, I am being charged with serious injury by dangerous driving.
    Yestday I pleaded guilty as they said they had not more defense. The CPS is pushing for 5 years in prison.
    This has been my first ever involvement with anything like this I have held a cleam license for over 20 years.
    I'm worried that I will loose everything over an accident.

  • @ajax4570
    @ajax4570 3 года назад +1

    Dear Mr BlackBeltBarrister, please could you take a look at the new Police, Crime, Sentencing and Court Bill, which is likely to become law soon. It contains joys such as 10 years imprisonment for being a nuisance.

  • @kenabell4978
    @kenabell4978 3 года назад +2

    Can you do a more in depth video on undertaking, there are a lot of lorry drivers on TikTok saying it is not illegal. And that it's the car that causes you to undertake that is at fault

    • @theravedaddy
      @theravedaddy 3 года назад

      What depth do you need to understand that driving up the inside of someone is illegal? Will the lorry drivers fight your case in court?

    • @stevenhodgson834
      @stevenhodgson834 3 года назад +2

      "Undertaking" is not intrinsically illegal.
      However, like any maneouver, if you do it dangerously then you can be charged for it.

    • @thewizzard3150
      @thewizzard3150 3 года назад

      @@squicker I could not say it better. well thought out and well written. thank you.

    • @Studidit
      @Studidit 2 года назад

      Undertaking can be considered as careless driving when it falls outside the exceptions as stated within the Highway Code.

  • @DerekWiltshire
    @DerekWiltshire 3 года назад

    Drunk in charge of vehicle even counts it you are sleeping it off in the car/lorry with the keys either in your possession or in the ignition (perhaps because you need the engine running to stay warm).

  • @shineon3643
    @shineon3643 3 года назад

    On another topic. Is it legal for banks or building societies to stop you paying someone or transfering money to say Binance ? AFTER ALL, IT IS YOUR MONEY #hot topic at the moment.
    I would love to hear your advice.

  • @davekelly8168
    @davekelly8168 3 года назад

    Every single day I see many actually FaceTiming while driving, plus many more absolutely insane stuff while out and about…

  • @Cindyslifestylelounge1
    @Cindyslifestylelounge1 3 года назад

    Could not find the drug driving list where is it please?

  • @tonyoliver4920
    @tonyoliver4920 3 года назад +1

    Charge: Driving without insurance
    Result: not in the public interest
    Here’s an interesting one for you!
    I think you’ll like it…
    When I was 19 I got an email from my bank, direct debit returned “ABC car insurance”
    My first DD with that company, I had asked for first of the month. This was mid month. Moved money into my bills account and call to make payment.
    Operator refused payment by card for that monthly instalment. I’ll have to wait till they reattempt the DD in 7 days.
    And I will get charged for the retuned DD…
    Ok, I’d like to pay off my credit account in full!
    Again, refuses to take payment
    Puts her on speak, gets friends phone video recorded the conversation asked for info (read as evidence)
    Hangs up, calls bank, cancels DD
    Letter next month, bill, charge, etc
    Calls and informs them I’m payed up and owe them nothing. As they refused to settle my credit account in full when asked. Back and forth, had a law student friend write them a letter… Eventually they accept.
    And the next month I get stoped by the police because they cancelled my insurance.
    In the back of the police car I show the officers the correspondence (emails) and called the incident line and the operator confirmed my insurance had been cancelled a couple of days before for non payment.
    Officer told me it would still be submitted to the procurator fiscal as they can’t decide to let me off mow that they have booked me. So I had one them write out an incident report, from their point of view in the little black book and I signed it as did the other officer then I took a photo of it.
    I got a letter saying it wasn’t “in public interest”and a hand written unsigned post-it note attached, saying “if insurance is considered paid in full and they cancelled it, you’re due a refund for the policy in full, good luck”
    I eventually got an £800 refund and only paid £150

    • @tonyoliver4920
      @tonyoliver4920 3 года назад

      Ok, that was a long one… I also have a belter story about a little old lady accusing me of dangerous driving before promptly talking me out of the charge…
      I’ll paraphrase this one. I lost control of my sports car while overtaking her (new alloys free cheap tires not suitable for sports car and Scottish weather conditions)
      I’m in a field on the phone to insurance then I hear the little old lady telling the female officer I was speeding, flew past her…
      I walked over “officer! She’s absolutely correct! The lady was doing 30 I accelerate past her at 40-45 mph”
      Old woman “maybe even 50!!!”
      Me “yeah! Maybe even 50!”
      Officer “miss you realise this is a 60 mph road?”

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад

      Good story of Police being reasonable!

    • @tonyoliver4920
      @tonyoliver4920 3 года назад

      @@BlackBeltBarrister I have to admit, 99% of my contact has been positive. Negative contact has been the result of defending foster children. Also my wife worked with the dog branch. That’s a story too… and is my run in With the armed response!
      Tell you what, next time I’m back in London (I assume that you’re gaffe), I’ll let you buy me a beer and you can Hoare out my stories for content (permission granted, Libra)
      To be fare I’ve made a few posts and by now you must be thinking… THIS GUY… AGAIN!
      With another tall tale!
      This is why you’re gonna buy me a pint, not cause I tell crazy stories, cause you want to hear it and call bullshit!
      If I’m lying!

  • @johnmcgovern5372
    @johnmcgovern5372 3 года назад +2

    I don't think many people realise that 12 points often doesn't result in an automatic driving ban. You have the right to appeal to the Magistrate that a ban would cause disproportionate harm. So losing your job and being unable to take children to school would qualify. Magistrates are usually very open to listening to these arguments.

    • @grahvis
      @grahvis 3 года назад

      Too open, to my mind if the use of your car is essential to you, you should be more careful.

    • @johnmcgovern5372
      @johnmcgovern5372 3 года назад

      @@grahvis I agree, I believe it was brought in for "exceptional circumstances" but is now almost becoming the norm.

    • @jonathanclarke4529
      @jonathanclarke4529 2 месяца назад

      Taxis can take your kids to school

    • @johnmcgovern5372
      @johnmcgovern5372 2 месяца назад

      @@jonathanclarke4529 Yep, I heard recently there's someone out there with 100 plus points still driving. What's the point of points if that's allowed to happen.

  • @Andy-xt3mh
    @Andy-xt3mh 3 года назад

    My question is on the legality of using for self defence in the UK legal .50 HDR (home defence revolver) by umarex. As my understanding of the matter is I can defence my life with anything I legally own so if i had a section 1 FAC an AR pattern rifle in .22lr but I can't own anything for the purpose of self defence of which this would be the manufacture stated purpose.

    • @thewizzard3150
      @thewizzard3150 3 года назад

      I already tried this with an M-16 ,but the chief constable refused me an import permit.

    • @Andy-xt3mh
      @Andy-xt3mh 3 года назад

      @@thewizzard3150 this is the thing the .50 HDR is a 3flb at the muzzle air pistol making total uk legal for target shooting and other purposes. But using it for its stated purpose seems legally dubious to me.

    • @thewizzard3150
      @thewizzard3150 3 года назад

      @@Andy-xt3mh you can't legally own any object for the purpose of self defence, but if you stumble on to this pistol that you own for a legal purpose you can use it for self defence. You can not go and get this pistol from the cabinet for self defence. That would be conversion.

  • @janetpigram522
    @janetpigram522 3 года назад

    I saw a woman driving with one hand while leaning down getting large bottle and take a long swig from it, she wasn't looking at the road!!

  • @Deepthought-42
    @Deepthought-42 3 года назад +1

    Why do so many cars now have touch screens which require you to take your eyes off the road for example to change a heater demister setting?
    It would seem the only legally safe way to operate such controls would be to park the car.
    Surely car manufacturers must take responsibility for reduced safety in their duty of care.

    • @johannesmajamaki2626
      @johannesmajamaki2626 3 года назад

      You do grow muscle memory for it over time, as well as an ability to comprehend where you are in the menu based on peripheral vision or the very occasional quick glance alone. Heck of a learning curve though

    • @billyporter1389
      @billyporter1389 3 года назад

      You take your eyes off the road when checking your side view or rear view mirrors too. Must car manufacturers take responsibility for reduced safety in their duty of care. I think you're going a bit overboard and exaggeration with that comment.

    • @Deepthought-42
      @Deepthought-42 3 года назад

      @@billyporter1389 Sorry you missed the point, a rear view mirror is in line of sight.
      Secondary controls such as heater, wipers etc should be located and operated by position and touch and should not detract from the primary function of driving the car.
      Ralph Nader’s book “ Unsafe at Any Speed” hit the nail on the head about primary and secondary vehicle safety and for a while the motor industry responded.
      After 50 or so years since it was written primary safety is much better but manufacturers have lost the plot with secondary safety because there are more options and facilities and they are now software based for cheapness.
      For example a touch screen is fine for working in an office or the home when you can focus and read the options on it but if you are presented with a screen out of line of sight which requires you to set by position and touch different temperatures you want to set for the driver, front and rear passengers it is becoming dangerous.
      Sorry I DO think manufacturers have a duty of care to provide an old fashioned knob instead to avoid distracting drivers.
      Have a great day 😀

  • @nopenope952
    @nopenope952 3 года назад +1

    hey does anyone have a link to the prescription drugs that contribute to a drug driving charge? I cant find it in the description

    • @jonathanbryon870
      @jonathanbryon870 3 года назад

      They are here: www.legislation.gov.uk/ukdsi/2014/9780111117422#:~:text=Section%205A(1)%20and%20(,exceeds%20the%20specified%20limit%20for

    • @nopenope952
      @nopenope952 3 года назад +1

      @@jonathanbryon870 thank you

  • @KevinWMoor
    @KevinWMoor 3 года назад +1

    If you are stopped by the police for a traffic offence, are you required by law to sit in the police car?

  • @daveo9686
    @daveo9686 3 года назад

    I have a question about liability when driving a modern high tech car. I have one of these and twice it has beaten me to the brakes when someone in front did something stupid. However on another occasion in a country lane a bird in the road took off close enough to trigger the anti collision system, had I have been rear ended can I blame the car or am I deemed careless in allowing the car to stop for no good reason. For everyones info the way you defeat it in a KIA is by kick down and release the throttle which I discovered after this happend. Up to now I had thought if you rear end someone it was your fault but you have implied that using the brakes whithout good reason is an offence.

    • @Perthshire
      @Perthshire 3 года назад

      Turn off the gadgetry if you think you know best

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад

      The car behind should be far enough back and you wouldn’t have deliberately “breaker tested” so I doubt any issue here

  • @KlaytonWagnerGarmus
    @KlaytonWagnerGarmus 2 года назад

    I love you channel.

  • @fezbarnard6013
    @fezbarnard6013 3 года назад

    What is the legality of an officer says he can smell Cannabis in order to search my car? Can I demand that he request a canine to confirm that cannabis can be smelt before I agree to a search? Otherwise what prevents the officer from lying.
    If the canine does not react can I refuse a search?
    If the canine reacts but nothing is found, can the dog but prevented from further searches??
    Thanks in advance

  • @thusithsanjeewapahalathant3068
    @thusithsanjeewapahalathant3068 Месяц назад

    Hi, I have lost some penalty points while i'm driving car!
    is that effect to my motorcycle licence,

  • @QuentinBargate
    @QuentinBargate 3 года назад +1

    You’d make a better impression if you’d avoid trying to impress by using 18th century headgear. I write of course as a solicitor.

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад

      I personally like to uphold the traditions and it helps to maintain a formality in the courts.

    • @QuentinBargate
      @QuentinBargate 3 года назад

      @@BlackBeltBarrister the courts have changed and adapted perhaps more than you have I fear.

  • @craigr306
    @craigr306 3 года назад +1

    It’s such a shame once your have a vrm your a cash cow. But the local chav nicked a bike they turn a blind eye

  • @erizenm6987
    @erizenm6987 Год назад

    Im a Uber driver recently I got stopped for touching my phone and might get find of 6 point and I didn’t agree the say I might go to courts but I don’t have any prove either the police so would the court give me still 6 points

  • @garethjones2746
    @garethjones2746 3 года назад

    When motorbike riders are threading between lanes as they do, is that classed as dangerous?

    • @michaelreynolds6543
      @michaelreynolds6543 3 года назад +1

      err no mate its called filtering and perfectly legal if you see riders doing it dangerously then thats up to them dont tar us all with the same brush

  • @nigelkthomas9501
    @nigelkthomas9501 3 года назад +1

    Being done for 32mph is utterly ridiculous and so petty!

    • @nickolasreeks4743
      @nickolasreeks4743 3 года назад

      Braking from 30 mph to a stop. Then brake from 32mph to a stop. The impact speed of 11 mph. Yeah its so ridiculous and petty............ 31 to a stop is an impact speed of 7.8mph.

    • @nigelkthomas9501
      @nigelkthomas9501 3 года назад

      @@nickolasreeks4743 So we’re in agreement. I can’t see any copper doing anyone for such a minor breach of the speed limit. They’d feel stupid. And cameras don’t catch drivers either. If someone’s doing 40+ fair enough! But again it depends where and when.

  • @davemartin53
    @davemartin53 3 года назад +3

    You can not guarantee the the accuracy of the Speedo in your vehicle and there is no way to calibrate your Speedo this can change with wheel size, tyre wear and pressure

    • @mcdon2401
      @mcdon2401 3 года назад +2

      True. However, by law, all speedometers should indicate a speed higher than the actual speed of the vehicle. This accounts for these variables, and ensures that for you to exceed a set limit, it will be blatantly obvious that you're doing so. That's why you have to be careful when changing wheels or tyres to sizes outside of spec..

    • @davemartin53
      @davemartin53 3 года назад

      Yes but only if kept in spec but not a lot people know this 👍

  • @richardcollins5311
    @richardcollins5311 3 года назад

    Interesting, but what are the standards of proof required to be presented to the court by the police, for careless or dangerous driving?

  • @aaronwalderslade
    @aaronwalderslade 3 года назад +1

    If you're driving a lorry or bus the fines are higher because they know you are earning money from your activity and they want a piece of the action.

  • @ianl1052
    @ianl1052 3 года назад +1

    Using a mobile phone whilst driving is lowest of the low to me because it is done intentionally with total disregard for everyone else. On Monday, I was crossing a mini island near me. I had already reached the centre when a woman (clearly Using a mobile phone - hand up to ear) came speeding from my left and literally drove *over* the island - not slowing down, let alone stopping. If I had been driving any faster, it wouldn't have ended well (certainly not for her, I have a dash cam).

    • @mrlover4310
      @mrlover4310 3 года назад

      It happens it called life.

    • @Perthshire
      @Perthshire 3 года назад

      @@millomweb The statistics will disagree with you. I hope you get caught soon, and that you don't kill someone else before you do get caught.

    • @ianl1052
      @ianl1052 3 года назад

      @@millomweb
      Forget Statistics. I've seen videos that prove otherwise.

    • @ianl1052
      @ianl1052 3 года назад

      @@mrlover4310
      Let's see if you think the same when your child is run over and killed bya dangerous driver.

    • @mrlover4310
      @mrlover4310 3 года назад

      @@ianl1052 well I wouldn't want that to happen to no one's child we live in a world where people don't always follow the rules. In Saudi Arabia if you get caught selling your body you are taken and stone people to death on a daily basis prostitution is never going to be stopped no matter what the punishment. People will always be on their phone while driving.

  • @ronniebrown6225
    @ronniebrown6225 3 года назад +2

    There should be an allowance for speeding offences as a car's speedometer is only ever calibrated once and that is on the production line. Apparently, the construction and use act makes an allowance on this because a car with under/over-inflated tyres changed wheel size or even just age can cause a speedometer go give a reading that is not accurate.

    • @patthewoodboy
      @patthewoodboy Год назад

      you can calibrate your speedo if you know of a local speed check that shows your speed , my speedo at 30 reads 28 according to my local speed checker , it gives me a smile until I do 33

    • @ronniebrown6225
      @ronniebrown6225 Год назад

      @@patthewoodboy If you think you can calibrate your speedo by using these gimmicky speed smileys you are very mistaken, they are NEVER correct.

  • @arnold9526
    @arnold9526 3 года назад

    Please do a video about train ticket fines?

    • @BlackBeltBarrister
      @BlackBeltBarrister  3 года назад

      ruclips.net/video/Zy3MY_j7JYw/видео.html
      ruclips.net/video/0KSknTHw4nE/видео.html

  • @mickybee41
    @mickybee41 Месяц назад

    Anyone know what the punishment is for driving on the path

  • @simonsmith2802
    @simonsmith2802 3 года назад

    Well where I live in the next town there are speed cameras on a hill so if you try and control your vehicle keep at 30 mph if you forget you can still be speeding down that hill what a stupid place to put speed cameras

    • @kevinbinnion6445
      @kevinbinnion6445 3 года назад

      Speed cameras are set at 35 mph. Unless there has been a death by driving and the same camera is set 29 mph

    • @simonsmith2802
      @simonsmith2802 3 года назад

      @@kevinbinnion6445 yes I'm quite aware of this refuel see where the speed cameras are in the next town then you would understand

    • @whydotheyneedtoknow718
      @whydotheyneedtoknow718 3 года назад +2

      That is exactly why they have a speed camera. It is your responsibility to drive slower than the limit

    • @Perthshire
      @Perthshire 3 года назад +2

      Does your car have brakes? You should consider using them if you are going too fast downhill. It's really not that hard.

  • @markherring7523
    @markherring7523 3 года назад

    Driving with a-cast your arm is “ due to a person having broken it “ also I believe illegal as the insurance is void.

    • @markherring7523
      @markherring7523 3 года назад

      Dangerous driving needs two police officers to get a conviction as one officer has to be independent

  • @Chris-vy8kx
    @Chris-vy8kx 3 года назад

    Y'know for a moment I thought the video was about the England game from
    the other night as upon first seeing the title it looked like "Diving" Penalties.

  • @ceasarsalad119
    @ceasarsalad119 3 года назад

    Drunk in charge is total rubbish. They do this so they don't have to bother waiting for the person to leave the pub and they can still get their quota in by charging someone unfairly just because they parked in the car park, got drunk and decided to leave the car there. A classic case where being sensible still gets you points and a fine. Another scenario are people who live in motorhomes, park up for the night and drink a beer. If they are going to ruin someone's life they should at least wait and see if they actually commit an offence instead of just going after someone innocent then just leaving.

  • @shizzyorleone09
    @shizzyorleone09 3 года назад

    Too bad the courts love to make a mockery of these offences. Some of these punishments handed down are ridiculous 🙄

  • @KarrierBag
    @KarrierBag 3 года назад

    what about using a CB radio while driving?

  • @simonrawle7885
    @simonrawle7885 3 года назад

    i think to get your license back if your band in the first 2 years and extended diving test is needed to get your license back