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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 08:36:53 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<item>
<title><![CDATA[Drug Driving - New Legislation On The Way?]]></title>
<link>http://blog.lblaw.co.uk/drug-driving-new-legislation-on-the-way-355/</link>
<description><![CDATA[
Reports released in the press today suggest that the government is recruiting a panel of scientists to look into drug-driving limits to try and make it easier to secure convictions.
At present the law requires the CPS to prove beyond reasonable doubt that a drivers actions have been impaired by taking drugs.
The panel will consider a possible new offence and whether or not it is possible to impose a level at which a drivers ability would be impaired. 
Many experts consider the current legislation to be inadequate.
Department of Transport figures for accidents in 2010 suggest that driving under the influence of drugs was a contributory factor in 1094 cases including 51 fatal accidents. 
 
 ]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Wed, 04 Jan 2012 16:44:47 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/drug-driving-new-legislation-on-the-way-355/</guid>
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<item>
<title><![CDATA[Drink Driving - Don't Take the Risk]]></title>
<link>http://blog.lblaw.co.uk/drink-driving-dont-take-the-risk-351/</link>
<description><![CDATA[
It's that time again; when after a hard year of working, people get to let their hair down over Christmas and New Year.  Its also the time of year when the police start their drink drive awareness campaigns and start a clampdown on motorists.  Through increased awareness of the risks and the consequences of drink driving, most people are sensible enough not to risk driving the same evening they have been drinking.  Unfortunately, with the alcohol flowing freely during the festive period, a lot of people fail to realise they could still be over the legal drink drive limit the following morning. 
You may not feel drunk the following morning, and therefore feel alright to drive, but you could still be over the legal alcohol level.  It is advisable to stop drinking before 11.30 pm if you know you will need to drive the following day.  On average it takes one hour for a healthy liver to process one unit of alcohol, meaning just three glasses of wine could take nearly 7 hours to leave the system.  However, this does depend on a number of factors, such as weight, gender, age, and even current stress levels and so it is not always easy to tell whether the alcohol will be out of your blood stream.  
So if you are not sure, it is advisable not to risk driving, as the consequences of a drink driving conviction could be wide reaching.  Possibly resulting in a ban from driving, which may cost you your job, and have dire consequences for your future employability.  Worst case scenario, you could face a jail term of up to six months imprisonment for driving over the alcohol limit. 
If you drive at twice the legal alcohol limit, you are at least 30 times more likely to cause a road crash than a driver who hasn't been drinking according to the road safety group Think!.  On average, 3,000 people are killed or seriously injured each year in drink drive collisions.  
My advice is particularly relevant to young people, as they are over represented in collision statistics in the West Mercia region.  Figures from the Safer Roads Partnership indicate young drivers are involved in 42% of collisions that have alcohol or drugs as contributory factors.
 ]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Thu, 22 Dec 2011 11:12:39 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/drink-driving-dont-take-the-risk-351/</guid>
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<item>
<title><![CDATA[Court Clerk Pleads Guilty of Bribery]]></title>
<link>http://blog.lblaw.co.uk/court-clerk-pleads-guilty-of-bribery-331/</link>
<description><![CDATA[
Following on from employment seminars hosted by Lanyon Bowdler earlier this year, both myself and Richard Murrall promised to update delegates on any successful prosecutions under the new Bribery Act, which came into force a few months ago. I can now confirm that Munir Yakub Patel, a court clerk at Redbridge Magistrates Court, pleaded Guilty at Southwark Crown Court on Friday 14 October 2011 to using his position as a clerk to avoid putting details of a traffic summons on a court database, in exchange for 500.He admitted one count of bribery and one count of misconduct in a public office, after being caught on film by a national newspaper in August.His case has now been adjourned for pre-sentence reports to be prepared, and he will be sentenced on Friday 11 November following which I will update you further. The maximum sentence for an offence under the Bribery Act is 10 years imprisonment. If you wish to discuss any aspect of the Act further then please contact Richard Murrall or myself on 01952 291222 or email richard.murrall@lblaw.co.uk or stephen.scully@lblaw.co.uk. 
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Mon, 17 Oct 2011 11:29:04 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/court-clerk-pleads-guilty-of-bribery-331/</guid>
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<item>
<title><![CDATA[Introduction of New Offence - Causing Serious Injury by Dangerous Driving]]></title>
<link>http://blog.lblaw.co.uk/introduction-of-new-offence-causing-serious-injury-by-dangerous-driving-329/</link>
<description><![CDATA[
Reports in the press today suggest the government is planning to introduce a new criminal offence of Causing Serious Injury by Dangerous Driving.  The new offence will carry a maximum sentence of five years imprisonment. The current maximum penalty for Dangerous Driving is two years imprisonment.The new offence is being considered to fill the gap in sentences available to a court.  Currently someone convicted of Death by Dangerous Driving could face a maximum 14 year prison sentence whereas Dangerous Driving carries a 2 year maximum.The new offence of Causing Serious Injury by Dangerous Driving is set to be introduced in the Legal Aid Sentencing and Punishment of Offenders Bill. I specialise in motoring law offences - find out more here. If you have any queries about this or any other aspect of motoring law contact me on 01952 291222 or you can send an email to stephen.scully@lblaw.co.uk.  
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Fri, 07 Oct 2011 10:00:30 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/introduction-of-new-offence-causing-serious-injury-by-dangerous-driving-329/</guid>
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<title><![CDATA[Increase in Numbers of Young Drivers Failing Breath Tests]]></title>
<link>http://blog.lblaw.co.uk/increase-in-numbers-of-young-drivers-failing-breath-tests-323/</link>
<description><![CDATA[
Recently released figures by the Police show a 15% increase in the number of young drivers (under 25), failing or refusing to take a breath test. These statistics are supported by research from the RAC, that almost 1 in 4 young drivers had driven when they suspected they were over the drink drive limit. Despite this, the government has reduced its spending on anti-drink drive campaigns by 84% over the past 12 months. For expert advice on any aspect of Motoring Law contact me on 01743 280280 or email me at stephen.scully@lblaw.co.uk.   
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Thu, 15 Sep 2011 11:59:21 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/increase-in-numbers-of-young-drivers-failing-breath-tests-323/</guid>
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<item>
<title><![CDATA[Court Employee to be First Prosecuted Under Bribery Act]]></title>
<link>http://blog.lblaw.co.uk/court-employee-to-be-first-prosecuted-under-bribery-act-321/</link>
<description><![CDATA[
A London magistrates court employee has become the first person to be prosecuted under the new Bribery Act.Munir Yakub Patel, a clerk at Redbridge Magistrates Court in Ilford, faces a charge under Section 2 of the 2010 Act for requesting and receiving a bribe intending to improperly perform his functions.It is alleged that Patel promised he could influence the outcome of the criminal proceedings in exchange for 500, on 1 August 2011. 
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Mon, 12 Sep 2011 13:01:46 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/court-employee-to-be-first-prosecuted-under-bribery-act-321/</guid>
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<item>
<title><![CDATA[Drivers Admit to Frequently Running Red Taffic Lights]]></title>
<link>http://blog.lblaw.co.uk/drivers-admit-to-frequently-running-red-taffic-lights-319/</link>
<description><![CDATA[
In a recent survey by Direct Line Insurance, drivers have revealed that they frequently run red traffic lights.Research suggests that motorists drive through approximately 12 million red lights every month which averages out to 278 per minute!The Director of Motor Underwriting at Direct Line, Andy Goldby said "Motorists who play Russian roulette at the traffic lights are putting their own and other road-users lives at risk. Motorists involved in an accident if they pass through a red light will automatically be deemed at fault for a collision. They could also face higher car insurance premiums at renewal if they have points on their licence."The punishment for driving through a red light is three penalty points and a fine.For further advice on any Motoring Law issue then please contact me, Stephen Scully on 01952 211020 or email me at stephen.scully@lblaw.co.uk, you can click on my profile to learn more about me.  
]]></description>
<category><![CDATA[Motoring Offences]]></category>
<pubDate>Wed, 07 Sep 2011 13:36:10 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/drivers-admit-to-frequently-running-red-taffic-lights-319/</guid>
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<item>
<title><![CDATA[Retention of DNA Records - Breach of Government Promise to Delete?]]></title>
<link>http://blog.lblaw.co.uk/retention-of-dna-records-breach-of-government-promise-to-delete-312/</link>
<description><![CDATA[
According to recent newspaper reports, the DNA records of up to a million innocent people are to be kept by police, in an apparent breach of a previous promise made by the Government to delete them.
Records will be retained in anonymous form, but it will still be possible to match them to peoples names. Currently, profiles of everyone arrested for a recordable offence are held on the national DNA database.
In May last year the Government proposed to delete all profiles of those not charged, except in cases of violent or sex crimes. However, MPs on a committee considering the change to legislation have been informed by a Home Office minister that profiles of innocent people will in fact be retained.
The Minister added that the information watchdog had agreed that such details could be kept by forensic science laboratories without identification and would be "considered to have been deleted".]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Wed, 27 Jul 2011 09:41:27 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/retention-of-dna-records-breach-of-government-promise-to-delete-312/</guid>
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<item>
<title><![CDATA[Launch of 'Name &amp; Shame' Councils Raking in Cash from Motorists]]></title>
<link>http://blog.lblaw.co.uk/launch-of-name-shame-councils-raking-in-cash-from-motorists-303/</link>
<description><![CDATA[
From later this week league tables will be launched to 'name and shame' councils that have been raking in cash at the expense of motorists. Road Safety Minister, Mike Penning, is introducing the rules to ensure that GATSOs (speed cameras) are only erected at accident black spots, not on safe roads. The Police will be forced to reveal how many motorists are caught speeding by each speed trap, as well as the number of accidents and casualties nearby, before and after the camera's installation.  
]]></description>
<category><![CDATA[Motoring Offences]]></category>
<pubDate>Wed, 29 Jun 2011 11:25:45 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/launch-of-name-shame-councils-raking-in-cash-from-motorists-303/</guid>
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<title><![CDATA[Ken Clarke's Proposed Sentence Reduction to be Abandoned...]]></title>
<link>http://blog.lblaw.co.uk/ken-clarkes-proposed-sentence-reduction-to-be-abandoned-298/</link>
<description><![CDATA[
Controversial new plans for a 50% reduction on sentences are to be scrapped.The Justice Secretary, Ken Clarke, who recently hit headlines for apparently suggesting there were different categories of seriousness for rapes, had planned to offer 50% sentence cuts in return for an early guilty plea.Under these sentencing proposals, this effectively meant that for an offence such as robbery or burglary that may initially attract a 4 year custodial sentence could be reduced to that of 2 years once the offender had pleaded guilty at the earliest opportunity.  Under existing legislation the offender would then serve half of this sentence and could be released early on Home Detention Curfew or tag bringing the custodial element down to under 12 months. It appears however that David Cameron has raised concerns and has rejected the plans on the basis that he wants tougher sentences for serious crimes. The idea was part of a package that would seek to save the Ministry of Justice in the region of 130m.The difficulty with such suggestions is that there are individuals who may feel tempted to enter such pleas when perhaps they have a defence and ought to take the matter to trial. 
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Mon, 13 Jun 2011 10:24:22 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/ken-clarkes-proposed-sentence-reduction-to-be-abandoned-298/</guid>
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