Laura Newton | Smith Bowyer Clarke

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Author Archives: Laura Newton

DVSA to use photographs to stamp out fraudulent MOT testing

MOT Testing is regulated by the Driver and Vehicle Standards Agency (DVSA). The Agency regulates the MOT Testing regime, allowing Authorised Examiners to run MOT Stations and Testers to carry out vehicle examinations. A significant problem for DVSA is fraudulent testing. This generally refers to test certificates being issued without […]

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New Guidelines for Motoring Offences

From 1st July 2025, new guidelines have been introduced by the Sentencing Guidelines Council, including a new sentencing guideline for Careless Driving / Driving Without Due Care. This follows a consultation in late 2024. Careless driving is committed when the driving falls below the standard expected of a reasonable and […]

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Over 20,000 Mobile Phone Offences Logged in London – What It Means for Drivers

New figures from the Metropolitan Police show that 20,050 drivers in London were caught using handheld mobile phones while driving over a two-year period, from April 2023 to March 2025. This follows a 2022 update to the law that made any handheld use while driving—such as checking messages, scrolling, or […]

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Strict Interpretation by High Court as to What Amounts to a Mobile Phone Offence

In the last decade, several steps have been taken to crack down on the use of mobile telephones while driving. In March 2017, the Penalty increased from 3 to 6 points, and in 2022, the law changed so that any ‘use’ of the phone, not just use requiring some form […]

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Thousands of Drivers Fined After Ignoring Red X Rules

A red ‘X’ sign highlighted on a Smart Motorway, is used to indicate a lane closure and motorists are being reminded that this is a mandatory direction. This is now enforceable, and Police have the powers to send formal notices to a driver suspected of contravening the Red X and […]

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Motorists Reminded to Update TfL with Cherished Plate Changes

Motorists driving into the capital within the ULEZ area must abide with the terms of the ULEZ road charging scheme. This includes updating TFL with cherished plate changes TfL have a vehicle checker which will allow you to see verify whether your vehicle is compliant or whether a daily charge […]

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New Sentencing Guideline Proposed for Careless Driving

The Sentencing Council, which gives a structed guide to Courts when sentencing motoring offences, has launched a consultation which includes a change in the Sentencing Guideline for Careless Driving, also referred to as Driving Without Due Care and Attention or Inconsiderate Driving. The offence of Careless Driving is committed when […]

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Will I Get a Criminal Conviction for a Motoring Offence?

Many drivers go throughout their life without any interaction with the Police and the Court. Infrequent low level offences may be dealt with by postal notices and awareness courses led by independent companies. However, when the position escalates and is referred to Court or results in endorsement on the Licence, […]

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Using or Holding a Mobile Phone While Driving

We are well educated on the dangers of using a mobile phone whilst driving and the changes in the law have meant that any use or holding of a phone whilst driving is going to lead to a fine and 6 penalty points. The question is whether this goes far […]

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Artificial Intelligence to Detect Mobile Phone Driving Offences

Driving using a mobile phone is one of the most common driving offences leading to prosecution or fixed penalties. With less patrols available to police the roads, forces are bringing in new ways to detect offences and to deter drivers. We have seen in recent years Police relying on HGV […]

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