What is TWOC?
TWOC stands for Taking Without the Owner's Consent. It covers the scenario where a person takes a vehicle, without the owner's permission, for his or her own use. The offence is often referred to as ‘joy-riding’ and is less commonly charged these days, presumably because vehicle security has improved. It carries a maximum penalty of six months' imprisonment. A suspect could expect to be charged with theft of the vehicle, which has more serious sentencing consequences, if he or she intended to keep it. A passenger can also be charged if knowingly carried in a vehicle taken without consent.
I have had an accident and left the scene, should I go to the police?
Leaving the scene of an accident is ill-advised and has serious sentencing consequences if you are charged with an offence. We would advise you to make immediate contact with the police to explain the circumstances. A member of our team will be able to help you coordinate this and attend the police station with you.
I have no insurance on my car and now have to go to court, will I go to prison?
Whilst the personal consequences could be significant, you cannot receive a custodial sentence as driving without insurance is non-imprisonable.
Do I need a solicitor at court for a motoring offence?
If you have been required to attend court, it is likely that the implications of the charges are significant. This could include the prospect of disqualification or imprisonment. We will always be able to assist with court proceedings and advise as to law and procedure. We can discuss available fee options, which could include Legal Aid in the most serious cases.
I am a HGV driver and have been caught speeding, what should I do?
You should make immediate contact with a member of our team. The circumstances of the offence and the level of speed will determine whether a court appearance is necessary. Your employer should also be informed. Should a period of disqualification ensue, there could be implications for your future HGV licensing status.
What is the maximum number of points anyone can have on their driving licence?
Drivers generally face a minimum six-month disqualification on accumulating 12 points over a three-year period. Recent publicity has reflected upon drivers who have accumulated alarming levels of points and retained their licences. This is feasible when a driver can establish, by giving appropriate evidence, that he or she and/or third parties would suffer ‘exceptional hardship’ if he or she was banned. New Drivers who accumulate six points will have their licence revoked by the DVLA which will necessitate re-taking their test. This should be distinguished from a disqualification by the court.
How many points will I get for being on my phone whilst driving?
As of 1 March 2017, the fixed point endorsement is six points.
I have been summoned to court for speeding what should I do?
Contact a member of our defence team immediately. Depending on the circumstances, the court may be able to deal with the case in your absence and we will be able to advise you accordingly. If your wish to avoid attendance, we will be able to assist with written representations on your behalf. If the speed is excessive or you have previous driving convictions, the court may demand your attendance if they wish to consider disqualification. We will prepare your case thoroughly to ensure the best possible outcome.
I have been arrested for drink driving, will I lose my licence?
Your licence will only be in jeopardy if you plead or are found guilty. Drink-driving carries a mandatory disqualification for a minimum period of 12 months, assuming you have no similar convictions within the last 10 years. It is a common misconception that personal issues, such as job loss, can be put forward to avoid a ban. This is NOT the case. In limited circumstances, evidence can be put to the court to establish that there are ‘special reasons’ as to why a ban should not be imposed. Such reasons must relate to the specific circumstances of the OFFENCE. These include issues such as emergency and shortness of distance travelled when there was no feasible prospect of you coming into contact with other road users.
Can I refuse to give my fingerprints?
No. On arrest, the police have the right to take your fingerprints and do not need your permission.