Who Are Motoring Offences Solicitors, and How Can They Help You?

Motoring offences solicitors

If you find yourself stuck in legal trouble after committing a driving offence and are worried that your driving licence will be revoked, you can reach out to solicitors who specialize in road offences. These individuals are known as motoring offences solicitors. They can effectively defend you in your road traffic offence case.

Who Are Motoring Offences Solicitors?

As mentioned, motoring offences lawyers or solicitors are qualified attorneys who have experience in defending drivers and have successfully helped countless individuals retain their driving licenses. These lawyers are well aware of all the different types of driving offences, and know how to get you out of trouble so that you don’t have to lose your licence in the UK. Moreover, a highly qualified motoring offences solicitor will be able to help you avoid maximum penalties for your driving offence.

A seasoned driving offences solicitor will sit you down and ask pertinent questions to ensure they have everything they need to know to present your case in the court of law. They will also discuss whether they need medical reports or other expert witness testimonies or evidence to present your defence or create a mitigation package. This way, your motoring offences lawyer will ensure that all your bases are covered.

How Can Motoring Offences Solicitors Help You

Motoring offences solicitors can provide you with a vast array of services and help you fight the following charges:

  • Speeding
  • Reckless driving or driving without due care or diligence
  • Drunk driving offences including “drunk in charge”
  • Driving without licence or insurance
  • Causing death by dangerous or reckless driving
  • Driving whilst disqualified
  • Tachometer offences
  • Loss of licence due to medical condition or old age
  • Driving whilst using a foreign licence
  • Totting up
  • Excess speed on a motorway
  • Construction and use
  • Tacograph, HVG, overloading offences & so much more!

A highly qualified team of motoring offences solicitors can help you with all aspects of different offences. The key is to find a reliable team of motoring offences lawyers at the earliest, so they have the time to study your case and provide you with the best possible service.

Find Qualified Motoring Offences Solicitors

If you are at the receiving end of a driving offence fine or are worried that your offence will lead you to serve time or lose your licence, make sure to find a qualified motoring offence solicitor to take up your case. The best approach to finding someone reliable is to ensure they offer a consultation, live meetings, and have exceptional qualifications, knowledge of road laws and driving offences, years of qualified experience in dealing with cases related to motoring offences, and the testimonials that prove their services are reliable.

Instead of approaching someone who will only correspond with you via email, try to find a dependable motoring offences solicitor who will give you and your case the time and attention it deserves, present irrefutable evidence in your favour, and help you get out of your dilemma. Lastly, you should also find someone who will do all that at a reasonable price while presenting a specialised defence for your motoring offence.

What You Should Know About Child Arrangements Orders in UK Law

A child arrangements order is a legally binding court order to ensure the welfare of a child with divorcing or separated parents who cannot agree on child arrangements. It is an order that deems whom the child will live with and how they will meet and interact with each parent.

Let’s learn all there is to know about a child arrangements order in the UK!

What Does a Child Arrangements Order Achieve?

A child arrangements order legally defines which part the child will live with and whom they will spend their time with. It defines who will have the responsibility to care for the child and when. This order essentially replaces the older residence and contact orders in child arrangements in the UK. However, parents with these older orders will not have to re-apply for a child arrangements order.

A child arrangements order will essentially define how often and when the child will see either parent. For instance, it might state the child will live with both parents on a shared basis or spend a few weekends with one parent and live for the remainder of the days with others. It might cover arrangements for holidays and include the frequency of phone calls, letters, cards, etc.

Who Can Apply for This Order?

Parents of the child have an automatic right to apply for a child arrangements order in the UK. Step-parents, including those who are in a civil partnership, can also apply for this order. Moreover, a local authority foster parent, a close relative (sister, brother, uncle, aunt, or grandparent) with whom the child has lived for over one year, and any individual with whom the child has lived for at least 3 years can also apply for a child arrangements order.

Additionally, people who don’t have parental responsibility for the child can take the court’s leave to apply for this order. The court will consider the applicant’s relationship with the child and if their application will disrupt the child’s life to the point of harm to determine whether it should grant the leave or not.

 When Should You Apply for This Order?

If you cannot reach an agreement with the other parent on the care of your child, you should apply for this order. However, before the application, try to reach an agreement through mediation. The court might also require you to attend a Mediation Information Assessment Meeting to establish if you might be able to agree on the terms with the other parent through mediation.

When Does a Child Arrangements Order Cease to Be Legally Binding?

This order is legally binding till the child turns 16 or 18 under exceptional circumstances. Moreover, if either parent breaches the order or any of its terms, they will be held in contempt of court and face fines, community service, or even prison.

Can You Change the Order?

You can apply to the court to alter the order if it no longer suits your child’s best interests. Make sure the application is to alter the order instead of breaching it, as that can lead you to be held in contempt of court, leading to serious consequences.

When applying for a child arrangements order in the UK, it’s best to seek the help of a qualified child custody attorney. They can also guide you toward mediation before the application process to ensure there’s no animosity between you and the child’s other parent, which will ultimately benefit your child.

How Much Time Does It Take to Get Divorced in the UK?

How long does it take to get divorced in the UK?

Wondering how long does it take to get divorced in the UK? A divorce process will take at least six months in the country. It’s because there are two waiting periods in a typical UK divorce. There’s a 20-week frame between the divorce application and the conditional order. Then, you have to wait for six weeks for the conditional order to be granted and apply for the final order. Moreover, the length of your divorce will also be determined based on your financial affairs and other factors.

Here are all the steps involved in a divorce process that determines how long it takes to get divorced in the UK:

Applying for a Divorce

Firstly, you need to send your divorce application to the court. On the petition, you will need to write your and your partner’s full name and address and provide proof of your marriage certificate. You can apply separately or with your partner as a joint applicant. If you apply separately, your partner will be the respondent. The application will cost you £593; you can share that cost when making a joint application. Apply online for a quicker process.

The Acknowledgement of Service

If you apply for divorce independently, your partner will receive an acknowledgment of service that they must return within 14 days. If you apply jointly, you will both receive a copy of the divorce application and an acknowledgement receipt that you don’t need to respond to. The joint process will be quicker.

The Cooling Off Period

Next, your divorce application will enter a 20-week cooling-off period in which you can reflect on your decision and discuss pertinent matters, such as division of finances and child arrangements.

Application for a Conditional Order

If your divorce process began before 6 April 2022, you would be subjected to the old divorce laws of decree nisi and decree absolute. However, if your process began after that, you will need to apply for a conditional order, a document that states the court sees no reason to object to your divorce.

You can apply for this order online or via post 20 weeks after your divorce application. You and your partner will receive a Certificate of Entitlement, which will detail when you will receive your conditional order. The order can take many weeks to arrive.

The Final Order Application

You can apply for the final order after six weeks and one day of getting the conditional order. The final order will lawfully end your marriage, enabling you to marry again. But it will not end your financial commitments to your ex. You will have to draft a financial order for that.

Sorting Out Finances & Child Arrangements

Sorting out marital assets and child arrangements should ideally be done before the final order. You can agree with your spouse on how to split the finances and make the agreement legally binding through a financial order. It might take six months to a year. Similarly, if you have children, you will need to determine whom they will live with and who will bear their expenses.

Talk to a Divorce Lawyer

Now that you know how long it takes to get divorced in the UK, you should seek the expertise of a divorce attorney and mediator to ensure your divorce and related financial settlement and child custody matters wrap up quickly and in your favour. Ideally, with quick mediation, your divorce settlement will be quicker and smoother. A qualified divorce lawyer can guide you on the best way forward, depending on your circumstances.

Immigration Law – Deportation from the UK

Deportation from the UK

One may face deportation from the UK if they are deemed a criminal and are believed to be a threat to the public. In some instances, you may be able to contest your deportation, but in most cases, you do not have an automatic right of appeal. You may be able to contest the ruling if you make a human rights claim, for instance.

Thus, this article discusses this aspect of immigration law in the UK in detail so that you know what options you may have if you ever find yourself being deported. In addition to that, it explains the difference between removal and deportation from the UK. Also, please note that all of the details below are specific to England.

Deportation from the UK

It’s important to understand that there’s a significant difference between deportation and removal from the UK. Deportation almost always pertains to foreign nationals who are convicted of criminal offences and have a prison sentence of more than 12 months. Therefore, deportation may be requested under the following grounds.

  • When the Secretary of State believes that deporting an individual is for the “public good” and “public interest”
  • Someone is the civil partner, spouse, or child below 18 years of the individual being deported
  • When the court suggests deportation for an individual over 17 years who has been convicted of a crime that is punishable by imprisonment

Removal from the UK

Administrative removal from the UK is a different case, however. It is for those individuals who have to be removed because their visa granting them stay in the UK expired. Like deportation, there are also grounds for administrative removal, as listed below.

  • People who do not have the right to stay in the UK, such as illegal entrants, overstayers, etc.
  • The family members of the individual being removed
  • Any individual breaching the conditions of their visa to stay in the UK
  • People who use deceiving information to seek or acquire leave

Contesting Deportation from the UK

As mentioned above, only some unique cases may be able to contest deportation from the UK. Therefore, a human rights claim about Article 3 or Article 8 of the Human Rights Act 1998 of the UK. If you can contest your deportation, then you must make your appeal within 28 days of the ruling. However, an individual in detention has 5 days to make the appeal.

Last Few Words

You will need a highly experienced solicitor who understands the nuances of this type of law if you plan to contest your deportation from the UK. It’s highly unlikely to reach a favourable outcome unless there are some things incorrect about your case. Thus, if you are confident that you are wrongly being deported, then make sure that you have a solicitor who can overturn that ruling for you or whoever is dealing with this issue.

Drink Driving in the UK

Drink driving in the UK

Throughout the UK, the laws regarding drink driving are strict, with penalties that can cost you money, driving disqualification, and prison time (in some cases). Therefore, this article on drink driving in the UK highlights the different ways the police can determine if you are drunk enough to be breaking the law.

Drink Driving in the UK

There are three ways the authorities may check if you are intoxicated by alcohol. These include a breath, blood, and urine test.

The Drink Driving Limits in England, Northern Ireland, and Wales

The driving limit is different in different parts of the UK. Here’s what it is in England, Northern Ireland, and Wales.

The breath test is the preliminary test, and the authorities typically perform it on the roadside if they suspect someone is guilty of drink driving. Therefore, the drink driving limit for the breath test is 35 micrograms of alcohol for every 100 millilitres of breath.

If you fail the test, you will be placed under arrest and taken to the police station. There, the police will require additional evidence of drink driving by performing another breath test or alternatively blood and/or urine tests.

For the blood test, a suspect will be guilty of drink driving if every 100 millilitres of their blood contain 81 milligrams of alcohol. On the other hand, for the urine test, a suspect will be guilty of drink driving if every 100 millilitres of their urine contain 108 milligrams of alcohol.

The Drink Driving Limits in Scotland

The limits for drink driving in the UK have been stricter in Scotland since 2014.

  • For the breath test, a suspect may be guilty of drink driving if 100 millilitres of their breath contain 22 micrograms of alcohol.
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their blood contain 50 milligrams of alcohol
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their urine contain 67 milligrams of alcohol

Why You Should Not Drink Drive

In addition to breaking the law, here are some additional reasons why you should not drink and drive. Thus, when you are intoxicated:

  • Your brain takes longer to acquire and process the information from your eyes, impairing your vision
  • Your reaction times are slower than normal because it takes your brain longer to send messages to the muscles in your body
  • You may struggle to control the vehicle because your brain finds it challenging to process basic information

Therefore, the bodily impairments can put you and others on the road at significant risk, as you may not read traffic cues or react quickly to unexpected situations.

Last Few Words

If you don’t ever want to be charged with drink driving in the UK, then it’s best to look for other means of transport before you plan to drink. Keep your phone charged, and save any reliable app to make it easy to call for a car when you need one.

Divorce Financial Settlement in the UK – What You May Be Entitled To

The introduction of no-fault divorce in April 2022 has made this process relatively smoother for many separating couples. However, settling finances is still a necessary part of divorce in the UK. Therefore, this article provides essential information on divorce financial settlement in the UK to help you learn what you may or may not be entitled to. While this resource may offer a preliminary understanding of the subject, it’s still in your best interest to discuss these details with your solicitor to make decisions that will safeguard your future.

Divorce Financial Settlement in the UK

Financial settlement is the legally-binding agreement with your former spouse about how your assets and finances are distributed between the two of you post-divorce. Of course, before the legal document is drafted, you and your spouse must be in agreement with the terms of the settlement.

What You May Be Entitled To

It’s important to understand that no party is guaranteed specific finances and assets as per law. Thus, what you may be entitled to will depend on your unique case. That said, there are specific types of assets considered in a financial settlement, and they are listed below.

  • Money, which includes investments and savings
  • Property, which includes individually-owned property and family homes
  • Vehicles
  • Business shares
  • Life insurance
  • Pension
  • Child financial support, Spousal Maintenance support, and other types of financial support payments

In your divorce financial settlement, you can also make a claim on your former spouse’s future earnings, i.e., after the divorce. This feature is applicable in England and Wales but not in Scotland.

Matrimonial and Non-Matrimonial Assets

Matrimonial and non-matrimonial assets are critical factors when determining divorce financial settlement in the UK. The former are those assets procured after the marriage took place, while non-matrimonial assets are those that each spouse had before they were married.

That said, the relevant difference between these two types of assets is that non-matrimonial ones are protected by pre-nuptial agreements.

Factors That the Court Considers

The courts are determined to acquire a fair divorce financial settlement for both parties involved. Therefore, it considers the following factors when determining if the finances and assets are correctly allocated. This list is not exhaustive, however.

  • Each spouse’s debt
  • Which parent will look after the child or children for the majority of their childhood (if there are children involved)
  • The length of the marriage
  • The ages of the spouses
  • Earning capacity of each party
  • Financial and emotional contribution to the marriage
  • The couple’s standard of living before the divorce
  • Each spouse’s individual assets

Last Few Words

You will need an experienced and capable solicitor if you want a fair divorce settlement in the UK. They can help explain your unique condition to the court so that the outcome is not favourable to just one party involved in the marriage.

What You Should Know About Cash and Asset Seizure Due to UK Border Offences

UK BORDER OFFENCES

Whether you are a UK citizen or not, you should know about certain border offences that may lead to cash and other asset seizure. This way, you can be prepared any time that you’re entering the UK. If you do find yourself in such predicaments, you should also consider getting legal help. With that said, here’s what you should know about cash and asset seizure due to UK border offences.

Cash and Asset Seizure Due to UK Border Offences

Depending on how you’re entering the country, the border patrol officers, i.e., the UK Border Force, the police, Her Majesty’s Revenue and Customs (HMRC), or other government agencies may search you and your belongings and seize cash or other assets under certain circumstances.

According to the law, someone who has more cash than £1,000 is not directly suspicious. However, the authorities can seize it if they have reasonable suspicion that the cash will be used for criminal activity. This is also the case if they have reasonable suspicion that the cash is a product of criminal activity.

It’s also important to note the authorities can also seize a minimum of £1,000. However, they may be able to seize amounts lower than that if they need to use that cash as evidence for some crime that the accused is suspected of or arrested for.

The Proceeds of Crime Act 2002 offers definitions of what counts as cash. Cash includes the following.

  • Coins or notes of any type of currency
  • Bearer bonds, banker’s drafts, and bearer shares
  • Any type of cheque, which includes a traveller’s cheque, and postal orders

Carrying large amounts of cash when crossing the border may be considered suspicious by the authorities.

Other Assets That Can Be Seized

Other assets such as cars and other forms of personal property can be seized. These include offensive weapons, dairy products or meats, products for which incorrect VAT was paid, products with missing necessary paperwork, alcohol, tobacco products, and more.

What You Can Do When Your Possessions Are Seized

You can contest the seizure if you believe it was wrongly done, i.e., without a legal right. Thus, you can challenge the legality of the seizure by starting condemnation proceedings. On the other hand, you can also ask the appropriate authorities, which could be the HMRC or the UK Border Force to return your goods to you. You can make this request even if your possessions were seized on legal grounds. This process is known as restoration.

Last Few Words

Cash and asset seizure due to UK border offences may happen to anyone. So, if you or anyone you know is ever dealing with such an issue, it’s in your benefit to consult a trained and experienced solicitor to help you manage your case, especially if you believe that it was not legally taken.

What You Should Know About UK Extradition Law

UK extradition law

UK extradition law is a complicated form of international law that can pertain to foreigners convicted of a crime in the UK or UK citizens convicted of a crime in another country. While the laws regarding extradition include several important factors, it’s crucial to know a few, especially if you or someone you know find themselves in such a situation. So, this article discusses a few factors of UK extradition law. This article is focused only on England and Wales.

UK Extradition Law

The Crown Prosecution Service (CPS) can make an extradition request for any person (a British national) who are either accused or convicted of a crime overseas. Pre-Brexit, there were different rules for extraditing criminally-accused people from the EU. However, the UK’s departure from the EU meant that now all countries in the EU are treated like the others in terms of extradition requests.

The purpose of an extradition request, and thus, extradition itself, is to charge a convicted criminal in the correct jurisdiction. That is to say that a person being extradited to the UK will have to face the consequences of the law based in the UK.

Thus, prosecutors of the CPS in a Central Casework Division prepare the extradition requests to the UK. In most cases, the International Justice and Organised Crime Division handles these extradition requests. Once the request is prepared, the Home Office uses the diplomat channel to transmit it overseas, i.e., to the government of the country in which the person convicted is found.

UK Extradition from the UK

Another crucial aspect of UK extradition law is that it also pertains to foreigners who are accused or convicted of a crime in the UK. That is a case of extradition from the UK. Thus, another country’s government can make a request for extradition of that individual so that they may be charged in their home country for their crimes. In such cases, the CPS will conduct an extradition proceeding on a foreign authority’s behalf for the foreigner’s arrest in the UK. The foreigner may also be arrested after the extradition request. All extradition proceedings are carried out according to the 2003 Extradition Act.

It’s important to understand that extradition is not an automatic process. The individual will be brought to the Court of the Westminster Magistrates. The person being requested for extradition can mention whether they consent to the extradition or not. If they do not, a judge must determine if their case warrants extradition. There are a few factors that can work in the accused’s favour, including a claim of human rights infringement. If the judge determines that extradition, in a particular case, is against the accused’s human rights, then they will not allow the extradition.

Last Few Words

If you or anyone you know is ever caught up in an extradition case, it’s vital that you speak to trained and experienced solicitors in UK extradition law. There are some options to help protect you or those you know.

Types of Border Offences in the UK

Border offences in the UK

Are you wondering what the border offences in the UK are and how you can avoid committing them to keep legal trouble at bay? The UK border offences vary in severity. These offences can be committed by the person entering the country illegally or the carriers carrying such people into the UK. They can also be varied and related to immigration.

Let’s explore the UK’s border offences in detail!

Border Offences in the UK

Here are the types of border offences in the UK that the government can charge you with if you’re not careful when entering the country:

Liability of the Carriers

The UK government obligates the transport industry to take certain measures to ensure the passengers they are carrying into the UK are not a threat to the country or are not illegal migrants. If they turn out to be illegally travelling, the country can hold the carrier liable. It’s why they should take certain measures, such as checking the travel documents of their passengers to keep clandestine entrants at bay.

Moreover, to ensure their safety, they must divulge advanced electronic information to the United Kingdom border Force regarding the passengers or crews of their aircraft or shops. The carriers must also ensure the activities they conduct while aboard their vehicle are approved by the government and are not counted as offences.

Immigration-Related Offences

The UK also has several categories of immigration-related border offences that can also be defended or contested with the right legal help. Immigration offences are always dealt with under criminal law, and if you don’t defend yourself against them adequately, you can be deported from the country.

These offences vary from civil penalties, which are monetary penalties the Home Office levies when enforcing the country’s laws and regulations. Immigration offences cover many actions, including entering the UK illegally or using deception or false tactics to enter or remain in the country. They also include assisting an asylum seeker in entering the UK, facilitating unlawful immigration, and assisting entry to the country in breach of an exclusion or deportation order.

An immigration or border offence can also include human trafficking, failure to comply with the conditions or duration of leave, possession of false documents, and failure to supply the needed information when required. If you fail to comply with arrangements for removal or lease your residential property to people without leaves and offer unauthorised immigration advice and services, you can be charged with an immigration offence.

The Power of Border Force Officers

Border Force officers in the UK hold the power of immigration officers. It enables them to enter and search the premises or vehicles of people they suspect. They also have the power to search for and seize potential evidence and your documents, such as travel tickets and passports. They can conduct thorough examinations to ensure their satisfaction.

 

If you’re dealing with the change of a border offence, make sure to reach out to qualified help. It’s the only way to avoid greater legal trouble.