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Road Traffic Law Notes

LPC Law Notes > Advanced Criminal Litigation Notes

This is an extract of our Road Traffic Law document, which we sell as part of our Advanced Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Advanced Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Advanced Criminal Litigation Road Traffic Law Revision RTO = Road Traffic Offenders Act Mags = Magistrates Disqual. = Disqualification G = Guilty NG = Not Guilty Obligatory Endorsement: CrimPR 55
? Name of Mags Court
? Date and details of offence
? Date of conviction and date of sentence
? Penalty points imposed DR10 SP IN10 CD

Driving over the prescribed limit Speeding No insurance Careless Driving

If convicted of 2 offences together only most serious penalty will apply. Points effective concurrent. s28(4) RTO 1988 Disqualification or points. Court cannot give both!
If convicted court must impose minimum points, discretion within the range Obligatory Disqualification or points Minimum period of disqualification 12 months but can be extended
? Increased to 2 years if: o D convicted of death by dangerous driving or death by careless driving whilst under the influence o D has been disqualified for more than a fixed period of 56 days in the last 3 years
? Increased to 3 years if: o D convicted of drink driving or driving which unfit through drugs and D has a conviction within the past 10 years for a similar offence o s26 RTO if plead guilty and sentencing adjourned then may be subject to interim disqualification. Time on interim disqualification will count towards period of disqualification when sentenced passed s36 RTO need to sit extended driving test on expiry of disqualification Can only avoid obligatory disqualification or points by special reasons Special Reasons: R v Wickens (1958) Turn the courts obligatory power into a discretionary one
? Mitigating circumstances
? Does not constitute a defence
? Connected with the commission of the offence and not the offender personally
? Something the court can properly take into account

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