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the motoring brief.


QI was stopped by the police for exceeding the speed limit and offered a speeding ticket, provided that I produce my driving licence to my local police station. I am worried about the procedure at the police station. Do I need a solicitor to attend with me? A You have been offered a fixed penalty ticket for a speeding offence, provided your licence is in order. There are certain criteria that must be satisfied first however. As the speeding offence is endorsable with penalty points and you did not have your licence on you when you were stopped, your licence must be produced for the police. A fixed penalty will not be offered for speed camera offences until a notice requiring the identity of the driver has been sent and completed.

Provided you are not liable to be disqualified under the totting up procedure and there are no aggravating features, a fixed penalty is likely to be offered at the absolute discretion of the police. On the available information, it is likely that you simply have to produce your licence. Provided it is in order, you can pay the fine. If you do not pay or dispute the ticket, you will receive a summons to attend at your local Magistrates' Court. Producing your licence to the police is a straightforward procedure which will not require legal representation.

However, if the police have indicated that you will be arrested or will be spoken to under caution about any road traffic offence; I would advise that you have the benefit of legal advice from a motoring solicitor.

Q Last year I was disqualified from driving by Swansea Magistrates' Court for a motoring offence. My driving ban is due to expire shortly and I want to ensure that I am legal driver as soon as the disqualification ends. Do I have to re-take my driving test and how to I ensure that I have a valid driving licence? A This will depend upon the type of road traffic offence that you were convicted of. If you were convicted of dangerous driving the court must order that you are disqualified until an extended driving test is passed. If you were convicted of an endorsable motoring offence, the court has discretion to order disqualification from driving until a test is passed. Whether you have to re-take your driving test will depend upon the motoring offence and sentence. You might want to contact Swansea Magistrates' Court to establish this. You will then have to reapply for your driving licence from the DVLA.

* Jon Wilkins is a specialist Motoring Law and Criminal Defence Solicitor practising across South Wales. Contact him at or call 029 2045 0500. You can also follow him on Twitter @MotorLawSol
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Title Annotation:Features
Publication:South Wales Echo (Cardiff, Wales)
Date:Aug 12, 2011
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