Winter can turn drivers into accidental lawbreakers, warns the country’s leading road traffic and criminal defence lawyer
Nick Freeman, better known as Mr Loophole for his ability to secure acquittals for A-list clients like David Beckham on legal technicalities, believes that many motorists are unaware of how routine winter driving practices may net points and penalties. From wearing UGG boots and mittens to driving without a fully de-misted windscreen. All of these can land you on the wrong side of the law.
That’s why the solicitor has devised a ‘winter warning plan’ aimed at helping drivers avoid unintentionally falling foul of the law this winter.
Says Nick: “There are so many unexpected ways that motorists can break the law at this time of year. It’s why I really want to make all drivers aware of potential problems – and so make roads safer for all users.”
Nick, who drives tens of thousands of miles a year, says that the motoring experience in the UK has changed dramatically over recent years – not least because there’s so much competition for road space.
“Take e-scooters, for example, now a seemingly permanent fixture on some of our roads .In winter, these scooters are much more likely to slide and skid – especially because the brakes are often too sharp for the slippery road surface and the riders haven’t been trained to use them. That’s why motorists must give them a wider berth than normal. But remember, even though e-scooters which aren’t part of the Government rental scheme are illegal, if there is an accident, the driver will still be at fault because in real terms there is a’ reverse burden of proof’. That is, the burden is on the motorist to prove they were not at fault “
Adds Nick: “The modern motorist already faces so many challenges with congested roads, limited space and smart motorways. Winter simply exacerbates these facts. But at least if people become familiar with my ‘winter warning plan’, they’ll hugely reduce their risk of falling foul of the law whilst increasing the chance for everyone to stay safe.”
MR LOOPHOLE’S WINTER WARNING PLAN
1. DROP THE UGGS
Furry boots may keep out the cold, but they can be too big for the pedals or get caught under the accelerator, says Nick You need to make sure your footwear is up to the task of controlling the car. (Rule 97 of the Highway Code says motorists should ensure “clothing and footwear do not prevent you using the controls in the correct manner”). “Keep a separate pair of shoes for driving in the car.” he says.
2. …AND GO HAND IN THE RIGHT GLOVE
Driving gloves are often viewed as slightly comic – not least thanks to Alan Partridge. But they may keep you on the right side of the law, warns Nick. “Gloves that aren’t meant for driving may affect the amount of grip you have on the steering wheel. So never wear mittens either . Better to take them off and drive in bare hands . You’re responsible for what you choose to wear”. And if the car is involved in an accident because of your gloves then serious charges such as driving without due care or could follow – which could lead to points, a fine, disqualification .
3. WINTER TAKES THE SPARK OUT OF ELECTRIC CARS
Be aware that winter reduces the maximum driving range of an electric car since cold temperatures adversely affect the batteries that are used to store electricity, says Nick “You may be tempted to drive more slowly if you’re running out of power. But remember you could be charged with driving without reasonable consideration for other motorists which, if it goes to court has an unlimited fine, three to nine points on your licence and a discretionary disqualification.”
4. BEWARE SMART MOTORWAYS
Smart motorways are especially challenging in the winter thanks to variable speed limits which can lead to a build-up in traffic. Aside from the danger of not having a hard shoulder, there’s far greater temptation to tailgate – driving too close to the car in front – because of the frustration of reduced speed and wanting to get home in the cold and dark, explains Nick. Depending on the circumstances you could be charged with driving without reasonable consideration (it could cause inconvenience), careless driving (because the action is below the standard of the careful and competent driver) or even dangerous driving – which could lead to a range of sentences depending on the facts.
5. STAY ON INSIDE WHEN DEFROSTING OUTSIDE
It may be tempting to get out of the car and leave the engine running when defrosting the car. But if you’re on the road – rather than a private driveway – it’s breaking the law. The Highway Code states that drivers are expected to always be always in control of their vehicle while the engine is running. You also take the risk of not being covered if your car is stolen . Most policies have a ‘keys exclusion’ clause, meaning that you won’t be covered if your car is stolen while you leave the engine running.
6. CLEAR THE ROOF
If you leave snow on the roof , even if it doesn’t affect your driving, you could still be charged with offences in which the vehicle is deemed dangerous If the snow falls off onto your windscreen and affects your driving, or flies into the path of another car, then you could find yourself charged with “driving without reasonable consideration for other road users”. Depending on THE seriousness of any resulting incident you could face three to nine penalty points or a period of disqualification and an unlimited fine calculated on your weekly income. Added Nick: “Also make sure to clear any snow or dirt from your number plate You could face a fine of up to £1000 if you don’t wipe them clean.”
7. PATIENCE WILL KEEP YOU LEGAL
It’s annoying to wait until the windscreen clears when you’re in a hurry, it’s freezing cold and the glass is frosted over . But it an offence to drive without properly defrosting or de-misting your vehicle and the police can fine you for relying on ‘porthole vision’ – where drivers leave a gap big enough to see out of but not the whole windscreen. Using a vehicle with parts or accessories in a “dangerous condition” could result in a fine of £60 and three penalty points – though the offences and consequences could be greater if you cause an accident.
8. DIP DON’T DAZZLE
You must remember to switch on your headlights when driving in the dark or risk up to nine points and a fine And don’t assume lights will pop on automatically – this isn’t a defence if an accident happens even if it’s supposed to be a feature of your car. Says Nick: “There’s no specific law surrounding dazzling another driver with your headlights though you could be charged with driving without reasonable consideration or careless driving.”
And of course, if you have an accident you’ll be charged according to the ramifications
9. GET YOUR EYESIGHT CHECKED
Driving at night is much harder because the darker it is the more the pupils dilate to let light in which can lead to blurred vision, says Nick: “This makes it all the more important to have regular eye tests too”
You must be able to read – with or without glasses or contact lenses – a car number plate made after September 1, 2001 from 20 metres away.
10. GIVE ESCOOTERS A WIDE BERTH
In winter e-scooters are much more likely to slide and skid – especially because the brakes are often too sharp for the slippery road surface and the riders haven’t been trained to use them. “That’s why motorists must give them a wider berth than normal, “ says Nick.” But remember, even though e-scooters which aren’t part of the Government rental scheme are illegal, you, the driver will still be at fault because in real terms there is a’ reverse burden of proof’. That is, the burden is on the motorist to prove they were not at fault”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
If you would prefer to send a confidential email the please click here.
Our Details
Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
