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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 09:06:26 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<link>http://blog.lblaw.co.uk/</link>
<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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<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[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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<item>
<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[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[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[Watch Out - Important Changes to Car Insurance Rules ]]></title>
<link>http://blog.lblaw.co.uk/watch-out-important-changes-to-car-insurance-rules-297/</link>
<description><![CDATA[
Are you aware of the new car insurance rule due to come into force soon? 
The new law, known as the Continuous Insurance Enforcement rule requires all registered vehicles to have valid insurance.
Previously, it has only been illegal to drive a vehicle without insurance but this new law now requires all vehicles to be insured....even if they are not being used!
From 20 June 2011 the law will start being enforced.  Initially people can expect to be fined 100 rising to 1,000 for non compliance, but other sanctions include clamping, car seizure and ultimately the vehicle being destroyed if warning letters are ignored. 
The only exception to the law is if you can produce a valid SORN (Statutory Off-Road Notice) confirming that the vehicle is kept off road such as in your garage or on a private driveway. 
Owners of vehicles which are not insured should receive an Insurance Advisory Letter from the Motor Insurance Database (MID) warning that unless insurance is put in place they will be prosecuted. ]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Wed, 08 Jun 2011 10:28:00 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/watch-out-important-changes-to-car-insurance-rules-297/</guid>
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<item>
<title><![CDATA[Radical Changes on the Way for New Drivers?]]></title>
<link>http://blog.lblaw.co.uk/radical-changes-on-the-way-for-new-drivers-293/</link>
<description><![CDATA[
A new safety campaign by charity Brake could result in radical changes for young drivers passing their tests after recently released figures suggest that in excess of 8000 young people have been killed in road traffic accidents in the past 10 years.Proposals include banning newly qualified drivers from driving after 11pm or only allowing them to carry certain passengers. The proposals are supported by the insurance industry on the basis that reducing road deaths would bring down risk and cut insurance premiums for all drivers, but particularly inexperienced and new drivers. Nick Starling, director of general insurance and health at the Association of British Insurers, said: The current learning to drive regime is failing young people, as there is much more to driving than simply passing the driving test."  
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Thu, 26 May 2011 14:36:19 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/radical-changes-on-the-way-for-new-drivers-293/</guid>
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<item>
<title><![CDATA[Police Retention of Fingerprints and DNA Ruled Unlawful]]></title>
<link>http://blog.lblaw.co.uk/police-retention-of-fingerprints-and-dna-ruled-unlawful-291/</link>
<description><![CDATA[The Supreme Court in London concluded yesterday that allowing the police to retain the fingerprints and DNA samples of innocent people is unlawful. The European Court of Human Rights had reached a similar conclusion almost three years earlier. It is understood that Government changes to the law are already in the pipeline and it will be interesting to see what proposals they make. If you need further advice in respect of how this impacts on you then please contact the Criminal Law team on 01952 291222.]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Thu, 19 May 2011 11:06:18 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/police-retention-of-fingerprints-and-dna-ruled-unlawful-291/</guid>
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<title><![CDATA[Plans to Shake Up Motoring Law - The Right Approach?]]></title>
<link>http://blog.lblaw.co.uk/plans-to-shake-up-motoring-law-the-right-approach-286/</link>
<description><![CDATA[ 
Government Minister Philip Hammond has today announced plans to "shake up" existing motoring law. As a result, Police will receive powers to fine careless drivers on the spot, rather than taking them to court, as part of government plans to make Britain's roads safer. It is thought that motorists who tail-gate, undertake or cut others up often go unpunished and by introducing instant penalties, offenders would instead get a fine of 80 or more and three penalty points on their licence.Plans will also include a crackdown on drug-driving and the closing of so called 'loopholes' that allow people to escape drink-driving charges.In addition, disqualified drivers would also have to undergo retraining, and possibly take another test, before they got their licence back under the new proposals.Ministers insist the new approach will try to target genuinely reckless motorists rather than an 'innocent' motorist who makes an inadvertent mistake.However, from regularly defending people in this area of law, it is a concern to see how these proposals will be implemented. Will people who may have a genuine defence be pressured into accepting fixed penalties and points through ignorance of the law? Will people be deprived of their right to a trial as the government strives to make spending cuts by imposing roadside summary justice?If you have any query regarding this, or any other aspect of motoring law then please contact me on 01952 291222. 
]]></description>
<category><![CDATA[Criminal Law]]></category>
<pubDate>Wed, 11 May 2011 09:28:21 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/plans-to-shake-up-motoring-law-the-right-approach-286/</guid>
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