Cancellation of traffic points – consider not paying for the report before consulting a lawyer specialized in the field
The vast majority of traffic offenses have a fixed score on their side.
The score can range from 2 points for a minor infraction like carrying a passenger without a seat belt, up to a score of 10 points for serious infractions like driving at very high speed or running a red light.
The sanction provided by law for the accumulation of traffic points starts from 12 points or more, that is, a single report, even if the maximum score is set by law, will not result in never the imposition of one or the other sanction.
The sanction provided for by law for the accumulation of points is as follows:
12 points – a basic course in correct driving.
24 points – an advanced course in correct driving.
36 points – 3 months driving ban.
72 points – 9 months of disqualification from driving license, new theoretical examination and driving aptitude test at the Medical Institute for Road Safety.
The duration of points accumulation varies from two to four years. If you have accumulated up to 20 points over two years, the score will be removed two years later. If you have accumulated 22 points or more, the accumulation period will be extended to four years.
Many drivers who receive a traffic report tend to pay for the report even if they believe they did not commit the offense charged to them and when they know that by paying the report they may end up with a dangerous accumulation of points, also because they are reluctant. to have to appear in court and give their testimony and their version of the case, and also because they believe that they have no chance of being vindicated at trial, because the court will always prefer the testimony of the police officer to their own testimony. On this subject, we first note that courts do indeed tend to prefer the testimony of the police officer over the testimony of the citizen, because the assumption is that the police officer is an objective factor and apparently has no interest in recording the report.
But the courts have nevertheless often acquitted drivers of committing the offense attributed to them either because their testimony seemed reliable and convincing, or because of one or another flaw discovered in the police officer’s testimony. Secondly, it is important to emphasize and emphasize that the option of a full administration of the process in order to be legally entitled is not the only option available to the citizen-driver. For a large number of drivers, this does not It is not the simple conviction of the offense or the fine imposed that is important, but the score set on the side of the offense.
Our good news for these drivers is that it is entirely possible to have the points recorded on them canceled, even without them having to appear in court, and without the need for a trial and to collect their testimony. We note that in the vast majority of cases handled by our office, we have been able to cancel the points awarded to our clients, either due to shortcomings noted by us in the report made by the police officer, or due to other legal reasons. .
Drink driving is a fairly common offense that is high on the police priority list. In the following lines you will find the basic explanation regarding this offense. It’s a matter of taste – each case must be considered individually and in many cases you will need the help of a drunk driving and traffic lawyer who knows the area in depth and not just the general lines and clichés common in the field. .
Anyone who drinks an intoxicating beverage while driving (note: apparently it doesn’t matter how much they drink!).
Those in whose body a dangerous drug has been found (and by law, when it comes to driving, marijuana and hashish are also dangerous drugs)
A person whose body contains alcohol in excess of the permitted amount (we will elaborate and explain later what the permitted amount is).
A person who is under the influence of an intoxicating liquor or under the influence of a dangerous drug, provided that a laboratory test does not reveal that the concentration of alcohol in his or her blood is below the established maximum threshold in the regulations in accordance with decision
Let’s start by emphasizing that the ban concerns driving under the influence of alcohol and not driving after drinking. But the determination of whether the driving was under the influence of alcohol or not is not subject to the driver’s discretion but to the police and the court. A driver whose blood alcohol concentration exceeds the legal concentration will be considered drunk in the eyes of the law, even if he or she is sure that he or she is not drunk.
What then is the admissible concentration? The allowed amount is 290 micrograms of alcohol in the blood, a number that isn’t really useful for most of us. The recommendation is that to drive safely and not get in trouble with the law, it is best not to drink at all before driving or stick to a very small amount – the accepted recommendation for average people is to ‘one unit of alcohol. : a glass of wine, a small beer, etc. However, body size, metabolism and other conditions affect the amount of alcohol you will find in your body after drinking.
If you’ve ever been drinking, if you’ve been stopped and tested, the device will tell you if you’ve made a big mistake or not. Now you will have to deal with the outcome: accept it or fight it in court – alone or with the help of a traffic lawyer.
The sanction provided for the driver accused of causing a road accident causing bodily harm depends above all on the nature of the accident and the charges brought against him by the police.
In road accidents caused by disobeying a road sign or traffic light, the law is required to revoke the driving license of the driver responsible for the accident for at least three months.
A mandatory penalty of at least 3 months forfeiture of the license also exists in cases where, following the accident, one of the parties involved is seriously injured (fracture type injury for example).
A driver who claims that he is not at all responsible for an accident obviously has the opportunity to go to trial and prove his innocence. He simply needs to take into account that if he is ultimately found guilty in court, the sentence he will face will be more severe than what he would have received if he had first admitted to the charges.
Although there is a legal requirement to revoke the driver’s license for three months, in accidents of the type detailed above the court still has the discretion to impose on the accused a suspension of less than three months or not to impose a suspension on the whole in particular circumstances and reasons which will be explained in the judgment.
Even a driver who believes he is not at fault for the accident should not go to trial alone, and is advised to contact a traffic lawyer who will assess his chances of winning and consider at the same time the possibilities available to him. reach a good plea deal with the prosecution.
In an accident resulting in the death of a person, the driver may be charged with the offense of ‘causing death by negligence’ or the more serious offense of ‘manslaughter’.
In the offense of “causing death by negligence”, according to Article 64 of the Road Traffic Ordinance and Article 304 of the Penal Code, the maximum penalty incurred is three years in prison.
Furthermore, for this offense there is a legal obligation to ban the driver for a period of at least three years and impose a prison sentence of at least six months, but the court can impose a ban or prison sentence shorter than the minimum if he considers that the circumstances justify it.
It should be noted that an effective prison sentence imposed by the court for a period of up to six months may determine that it will be carried out under community service.
Each vehicle undergoes an annual driver’s license test to ensure that it is in perfect working order and does not endanger the person driving it or other drivers nearby. Consequently, driving without a test is a serious offense, the sanction for which can be the refusal of a driving license for a significant period of time and, in serious cases, even a real prison sentence! On the other hand, there are also circumstances that lead to a mitigation of the sanction, which is why it is worth seeking help from an experienced lawyer in the field. Attorney Julie Ell helps drivers caught driving a vehicle without a test with validity and accountability. and complete integrity.Considerations in determining the penalty for driving without examination.
The time since the previous test expired – if less than six months have passed since the driver’s license expired, the penalty will usually be “only” one report. At the same time, the report itself also implies 6 traffic points and a fine of 250 or 1,000 NIS (if more than 6 months have passed since the test expired, the driver will have to pay the higher amount ).
Driver’s history – when a driver of an untested vehicle is prosecuted, a traffic court also takes their history into account. Drivers who commit numerous traffic offenses can be severely punished.
* The age of the driver: young drivers and new drivers may face more severe penalties, as a deterrent.
* Year of manufacture of the vehicle – the purpose of the test is, as mentioned, to check the operational condition of the vehicle. The older the vehicle, the greater the risk of not passing the test, so the court may be harsher on the driver.
In what cases is it possible to help a driver stuck in a vehicle without a valid examination?
As we mentioned, driving without a test can result in license denial for a significant period of time, or even imprisonment. There are also cases where a “simple” report and accumulation of points can result in disqualification of the license, if the driver already has 30 points.
How does a speeding lawyer help you avoid a heavy penalty?
Challenge to the credibility of the report: speeding is naturally suppressed using dedicated equipment. The devices are sophisticated and are perceived to be reliable, but with the help of an experienced attorney, the reliability of the results can be called into question in specific cases. For example, using a “bee” device in an environment unsuitable for it, such as near a power line, can lead to the acquittal of a person accused of speeding.
Advice before a hearing – a driver who, following suspicion of speeding, is summoned for an interview by the police, can lose his license for 30 days. Professional advice from an attorney who is an expert in that specific area helps a person arrive prepared for the hearing, maximizes the chance of retaining their license, and avoids unnecessary complications due to lack of knowledge (all of which will be said during the hearing). hearing may be used against you in court as well).
Presentation of personal circumstances – another possible line of action of lawyers in the field of road traffic is the presentation of personal circumstances which will motivate the traffic judge to settle for a light sentence even when the speed is very high.
Correct strategy and careful implementation
The possible penalty for speeding – 8 or 10 road points, loss of license and legal action – requires calling on a professional: a speeding lawyer. Attorney Julie Ell reviews all relevant information, both regarding the specific circumstances of the report or indictment and regarding the driver, and chooses the most correct strategy. The next step is the careful implementation of the action plan, for maximum benefit for all. every customer.
License not valid for less than six months – if the driver had a valid license until 6 months ago or less, the penalty will be 8 traffic points and in addition a fine of 250 NIS.
Invalid license 6 to 24 months – if the period since the license became invalid is longer, up to 24 months, the fine will be higher – 750 NIS. In terms of points, the penalty is similar – 8 points.
License not valid for more than two years – in this case, the driver will be summoned to court. A traffic court has the power to impose a number of sanctions, including disqualification of the license for an extended period.
New driver – in the case of a new driver, the summons is issued even if 6 months or more have passed since the license expired. A person who has never had a driving license – prohibited from obtaining a license for a significant period and even permanent. Additionally, a traffic court is authorized to impose an effective prison sentence of up to two years!
Driving with an invalid driving license – if the previous case is considered
