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# Smith Bowyer Clarke

Driving Offence Lawyers

## Sitemaps

- [XML Sitemap](https://sbcmotoringlaw.co.uk/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Articles](https://sbcmotoringlaw.co.uk/articles/)
- [TfL PRIVATE HIRE DRIVERS: GOT PENALTY POINTS?](https://sbcmotoringlaw.co.uk/tfl-private-hire-drivers-got-penalty-points/) - Penalty points can potentially end your Private Hire career. That is why it is important to know what to do when you receive them, to prevent Transport for London (TfL) from revoking your licence or refusing your application. Know your obligations: The required self-notification period for any convictions including the endorsement of penalty points will
- [Protect your Private Hire Licence](https://sbcmotoringlaw.co.uk/protect-your-private-hire-licence/) - A revocation of your Private Hire Licence means that the Licencing Authority no longer sees you as ‘fit and proper’ to hold a Private Hire Licence, meaning you can no longer legally drive for Private Hire purposes. For many, their job as a driver is their only source of their income. Licencing Authorities, like TfL,
- [DVSA to use photographs to stamp out fraudulent MOT testing](https://sbcmotoringlaw.co.uk/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 the vehicle having been on
- [New Guidelines for Motoring Offences](https://sbcmotoringlaw.co.uk/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 competent driver. This can include
- [Over 20,000 Mobile Phone Offences Logged in London – What It Means for Drivers](https://sbcmotoringlaw.co.uk/over-20000-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 taking photos—an offence. The penalty
- [Strict Interpretation by High Court as to What Amounts to a Mobile Phone Offence](https://sbcmotoringlaw.co.uk/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 of interaction, was prohibited. We
- [Thousands of Drivers Fined After Ignoring Red X Rules](https://sbcmotoringlaw.co.uk/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 to issue a Penalty or
- [Motorists Reminded to Update TfL with Cherished Plate Changes](https://sbcmotoringlaw.co.uk/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 should be paid. You can
- [New Sentencing Guideline Proposed for Careless Driving](https://sbcmotoringlaw.co.uk/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 driving standards fall below that
- [Drink driving: Leave the penalties to England and make sure that you’ll be coming home!](https://sbcmotoringlaw.co.uk/drink-driving-leave-the-penalties-to-england-and-make-sure-that-youll-be-coming-home/) - With England successfully through to the Euro final and celebrations starting early across the country before Sunday’s game, make sure you don’t end up with a post-match ban! Drink driving is an offence which carries a disqualification, fine and can even carry a custodial sentence. Don’t get caught off-side: what are the limits? The limits
- [Using or Holding a Mobile Phone While Driving](https://sbcmotoringlaw.co.uk/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 enough and whether more education
- [Will I Get a Criminal Conviction for a Motoring Offence?](https://sbcmotoringlaw.co.uk/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, drivers are rightly concerned about
- [Artificial Intelligence to Detect Mobile Phone Driving Offences](https://sbcmotoringlaw.co.uk/artificial-intelligence-to-detect-mobile-phone-driving-offences/) - Artificial Intelligence to Detect Mobile Phone Driving Offences. Police to use spy in the sky technology to increase detection for mobile phone offences.
- [App to Improve Accessibility for Public Transport](https://sbcmotoringlaw.co.uk/app-to-improve-accessibility-for-public-transport/) - Department for Transport have issued a new Code of Practice to help ensure that navigation apps offer filters such as step free journey options, to help disabled people and to promote safer journeys. The Code of Practice, named ‘Mobility as a Service’ (MaaS) can be found on the government website linked here https://www.gov.uk/government/publications/mobility-as-a-service-maas-code-of-practice/mobility-as-a-service-code-of-practice New business
- [POLICITIANS PUSH FOR ZERO TOLERANCE ON SPEEDING FINES.](https://sbcmotoringlaw.co.uk/policitians-push-for-zero-tolerance-on-speeding-fines/) - In 2022, it is estimated that there were some 323 billion road miles covered by vehicles in Great Britain. The Office for National Statistics published data to suggest that an estimated 45% of car users exceeded the speed limit on 30mph roads alongside other worrying statistics for other vehicle and road types. In 2021, there
- [Drug Driving and its Consequences](https://sbcmotoringlaw.co.uk/drug-driving-and-its-consequences/) - Drug driving is a serious issue in the United Kingdom, with the use of controlled drugs leading to numerous accidents and fatalities on the road. The government has taken strict measures to tackle drug driving, and those caught violating the laws can face severe consequences. The consequences of drug driving in the UK: Drug driving
- [Learner Drivers are expected to wait nearly half a year for their test.](https://sbcmotoringlaw.co.uk/learner-drivers-are-expected-to-wait-nearly-half-a-year-for-their-test/) - Test Centres are still trying to catch up with the back log that has occurred as a result of the Covid-19 outbreak. Three years later, learner drivers are still being forced to wait weeks, if not months to sit their tests. The DVSA are aware of the issue and are doing their best to trying
- [<strong>Unreliable Drug Samples Produced in Drug Drive Cases</strong>](https://sbcmotoringlaw.co.uk/unreliable-drug-samples-produced-in-drug-drive-cases/) - When a driver is suspected of Drug Driving, a roadside swab may be used an a preliminary test, followed by a blood sample which is analysed and reported. Drug driving laws were tightened in April 2015, when a specific offence of driving over a prescribed level of drugs came into effect, alongside the older offences
- [West Yorkshire Police Officer Jailed For Nominating his Wife as Driver to Avoid Receiving Points](https://sbcmotoringlaw.co.uk/west-yorkshire-police-officer-jailed-for-nominating-his-wfe-as-driver-to-avoid-receiving-points/) - A police officer and his wife, both employed by West Yorkshire Police have received prison sentences for perverting the course of justice after it was discovered that they gave false information about the driver responsible for speeding offences. On two occasions, cameras has recorded a male driver, but each time the couple decided to nominate
- [Drivers could face penalty for seatbelt offences](https://sbcmotoringlaw.co.uk/drivers-could-face-penalty-for-seatbelt-offences/) - Wearing a seat belt is legal requirement for both drivers and passengers. This has been the case for front seats since 1983 and rear seats since 1991. At present, if you are caught driving without a seatbelt, you will face a £100 fixed penalty or fine at Court up to £500. However, under new plans
- [Motorists at Risk with Tighter Speeding Rules](https://sbcmotoringlaw.co.uk/motorists-at-risk-with-tighter-speeding-rules/) - Many motorists have been left frustrated after rules regarding speeding enforcements have been tightened in some areas of the UK. It is quite well known that police forces use a certain tolerance formula before issuing a Notice of Intended Prosecution. These new speeding rules change the situation. It was generally understood that police forces allowed
- [What Are the Laws on Electric Scooters? What Do I Do if I Have Been Charged with an Offence on an Electric Scooter?](https://sbcmotoringlaw.co.uk/what-are-the-laws-on-electric-scooters-what-do-i-do-if-i-have-been-charged-with-an-offence-on-an-electric-scooter/) - You are allowed to own an electric scooter- but there are limitations. You can own, rent, hire, buy and sell electric scooters. You can ride these on private land. It is not legal to ride privately owned e-scooters on public roads, cycle paths or pavements. If you ride an e-scooter as part of the
- [Changes to the Highway Code 2022](https://sbcmotoringlaw.co.uk/changes-to-the-highway-code-2022/) - The Highway Code has been amended, with changes effective from 29 January 2022. The overriding basis of the changes is to ensure that, ‘those who can do the greatest harm to others to have a higher level of responsibility to reduce the danger.’ As a Licensed Driver, you are expected to be familiar with, and
- [Long Time Learner – Learner Drivers Facing More Misery](https://sbcmotoringlaw.co.uk/long-time-learner-learner-drivers-facing-more-misery/) - Learner drivers have faced costly and frustrating delays in accessing tests since the COVID pandemic began. Prior to the Lockdown measures, around 1.6 million tests took place year on year, this dropped to just 436,000 in the year 2020 – 2021. The capacity to take tests has greatly reduced due to safety restrictions, isolating staff
- [Changes Coming to the Rules on Using Mobile Telephones Whilst Driving](https://sbcmotoringlaw.co.uk/changes-coming-to-the-rules-on-using-mobile-telephones-whilst-driving/) - The laws around mobile telephone usage whilst driving are about to be tightened in 2022. It is already illegal to text or make a phone call using any handheld device whilst driving. It is also going to become illegal to use a handheld device to take photos or videos, play games or scroll
- [Dogs and Cars – Don’t Let your Hound Lead you to a Prison Cell!](https://sbcmotoringlaw.co.uk/dogs-and-cars-dont-let-your-hound-lead-you-to-a-prison-cell/) - Britain has always been a nation of dog lovers and during the Covid-19 pandemic dog ownership rose dramatically during the lockdown. So what are the rules on transporting your hound? What does the law say? Rule 57 of The Highway Code states: “When in a vehicle make sure dogs or other animals are suitably restrained
- [Drink Driving 101](https://sbcmotoringlaw.co.uk/drink-driving-101/) - As another celebrity is charged with drink driving, the question as to whether the law is too soft arises. Should there be a zero tolerance approach or is it a Public Heath matter where more awareness and education would help. It seems like many understand the risks involved and some of us still choose to
- [Section 172 Notice - Do I Have to Name the Driver of My Car?](https://sbcmotoringlaw.co.uk/section-172-notice-do-i-have-to-name-the-driver-of-my-car/) - If your car is involved in a driving offence a section 172 notice is provided with the Notice of Intended Prosecution (NIP) for the driving offence, this usually comes in the post. The s.172 is the requirement to provide driver information. You must respond to this. If you don’t respond, you risk being prosecuted and
- [15 Frequently Asked Questions About Speeding](https://sbcmotoringlaw.co.uk/15-frequently-asked-questions-about-speeding/) - 1. What is the national speed limit? The maximum speed limit of a single carriageway road is 60mph. On dual carriageway roads and motorways it is 70mph. The national speed limit road sign is a white circle with a diagonal black rectangle. 2. How many points do you get for
- [Motoring Offences - Special Reasons or Exceptional Hardship - Which One Applies to Me?](https://sbcmotoringlaw.co.uk/motoring-offences-special-reasons-or-exceptional-hardship-which-one-applies-to-me/) - When are Special Reasons or Exceptional Hardship relevant? If you have committed an offence carrying penalty points you may be able to use one or both of these arguments before the Court. You must plead Guilty to the offence for either of these arguments to be relevant. What is a Special Reasons Argument? Special
- [GB Sticker Changing to UK Sticker for Cars Travelling Abroad after 28th September 2021](https://sbcmotoringlaw.co.uk/gb-sticker-changing-to-uk-sticker-for-cars-travelling-abroad-after-28th-september-2021/) - As of the 28 September 2021 the national identifier for all UK registered vehicles who travel abroad will change. The national identifier is the sticker or emblem placed on the rear of the vehicle which clearly identifies which country the vehicle is travelling from. At present vehicles registered in the UK would display a sticker
- [Driver Speeding Statistics Revealed](https://sbcmotoringlaw.co.uk/driver-speeding-statistics-revealed/) - Every summer, the government releases statistics relating to the behaviours of drivers. One particular report focuses on speeding infringements and makes for interesting reading. In 2020, the worst offenders were van drivers. Figures show that 55% of van drivers speed on motorways and 58% on 30pmh roads. Car drivers were not too far behind. Of
- [DVSA Operation Targets Van Drivers](https://sbcmotoringlaw.co.uk/dvsa-operation-targets-van-drivers/) - DVSA has recently concluded an Operation in Birmingham which targeted vans and other LCVs, resulting in 24 drivers being investigated for prosecution where mechanical defects and other compliance issues have been found. Van drivers have come under fire in the press and continue to have a bad reputation because of the minority of drivers who
- [Speed Awareness Course Instead of Penalty Points?](https://sbcmotoringlaw.co.uk/speed-awareness-course-instead-of-penalty-points/) - The majority of low level motoring offences are dealt with out of Court, but when many drivers are first warned that an offence has been detected, they are confused as to how their offence will be dealt with. The police (and other prosecution agencies such as DVSA) have a number of options. The first is
- [DVSA Announces Changes for Towing a Trailer or Caravan from Autumn 2021](https://sbcmotoringlaw.co.uk/dvsa-announces-changes-for-towing-a-trailer-or-caravan-from-autumn-2021/) - In an effort to combat the driver shortages and free up test availability, DVSA announced a major change due to come in later this year (date TBC). Drivers who passed their Driving Test from 1 January 1997 will now be able to tow a trailer up to 3500kg without taking a further test. This entitlement
- [Single Justice Procedure Notice](https://sbcmotoringlaw.co.uk/single-justice-procedure-notice/) - SBC Motoring Law are a team of experts representing motorists across the UK.
- [I have been charged with an SP30 offence - what does it mean?](https://sbcmotoringlaw.co.uk/i-have-been-charged-with-an-sp30-offence-what-does-it-mean/) - You have received a Notice of Intended Prosecution (NIP) or Single Justice Procedure Notice (SJPN) with the offence code SP30. What does this mean? It is an urban myth that the code SP30 relates to an offence of exceeding a 30 mph speed limit. Actually the offence refers to speeding in a car on any
- [DVSA Extends Licence Expiry Dates](https://sbcmotoringlaw.co.uk/dvsa-extends-licence-expiry-dates/) - DVLA has recently re-opened its services to non-key workers. In order to keep work load to essential items only, DVLA had previously chosen to reduce the burden by extending the validity of photocard driving licences expiring between 1st February and 31 August 2020, by a period of seven months. On 1st September, a further announcement
- [Alco-locks in vehicles to prevent rise in drink drive incidents](https://sbcmotoringlaw.co.uk/alco-locks-in-vehicles-to-prevent-rise-in-drink-drive-incidents/) - The most recent figures on drink drive related accidents have been released by the Department for Transport. There were 5890 accidents where the driver was found to be over the drink drive limit, an increase of 3% from the previous year. The number of accidents resulting in fatalities in 2018 was 21o, a reduction from
- [Government Announces Travel Strategy in Lockdown Easing](https://sbcmotoringlaw.co.uk/government-announces-travel-strategy-in-lockdown-easing/) - Significant Changes To Highways To Be Introduced Within Weeks The Department for Transport has published a document outlining guidance to the highways authorities who are being asked to make "significant changes to the road layouts to give more room to cyclists and pedestrians." COVID-19 restrictions has meant that public transport is running on at reduced
- [Insurance Refunds For Motorists](https://sbcmotoringlaw.co.uk/insurance-refunds-for-motorists/) - Are you entitled to a refund on your car insurance during the Lockdown? As is quite apparent from the Government Corona virus daily briefings and by simply taking a look outside, the amount of traffic on the roads has decreased dramatically. Some drivers have stopped using their vehicles altogether and quite logically, the risk of
- [Speeding Through Lockdown](https://sbcmotoringlaw.co.uk/speeding-through-lockdown/) - Regional police forces across the country have voiced concerns over an apparent increase in speeding offences being detected during Lockdown. Roads which are usually gridlocked are now free flowing. This along with the complete lack of normal routine has drivers ignoring or forgetting speed camera sites and also being much more visible to police patrols.
- [Potholes - Know Your Rights](https://sbcmotoringlaw.co.uk/potholes-know-your-rights/) - Have you ever had damage caused to your tyres due to unattended pot holes on the road? You hear the clunk and feel the jolt of your tyres dipping into the hole and have a sinking feeling that this may be costly! This is an all too common occurrence, particularly in winter months and with
- [Tightening the Law on Using a Mobile Phone Whilst Driving](https://sbcmotoringlaw.co.uk/tightening-the-laws-on-using-a-mobile-phone-whilst-driving/) - In 2017, the government increased the penalty for driving using a mobile phone from 3 to 6 penalty points and an increased fine. For New Drivers this will result in licence revocation and for other drivers will still have serious implications. This has not resulted in a significant drop in mobile phone use for drivers
- [SP30: What Does it Mean?](https://sbcmotoringlaw.co.uk/sp30-what-does-it-mean/) - SP30 is an offence code that means exceeding a statutory speed limit on the public road. It does not mean, as is often thought, an offence of exceeding a 30mph speed limit, but can be any statutory speed limit on a public road. SP30 offences usually carry a fine and between 3-6 penalty points.
- [Crack Down on Exceptional Hardship](https://sbcmotoringlaw.co.uk/crack-down-on-exceptional-hardship/) - Magistrates could be given new guidance which would reduce the ability of a driver to argue Exceptional Hardship and avoid a ban, in a Consulation issued by the Sentencing Council. Where a driver reaches 12 or more penalty points on their licence, they will be subject to a minimum 6 month disqualification under the totting
- [How to Avoid Penalty Points](https://sbcmotoringlaw.co.uk/how-to-avoid-penalty-points/) - Read our motoring solicitor's top tips to avoid having penalty points added to your licence For most drivers, their licence and ability to drive is a lifeline. It is necessary for the commute, the school run, the weekly shop, family visits and it would cause devastating effects if it was taken away. With this
- [Can I be prosecuted from dash-cam footage?](https://sbcmotoringlaw.co.uk/can-i-be-prosecuted-from-dash-cam-footage/) - As specialist motoring lawyers we see a variety of circumstances which lead to police investigations with drivers. Over recent years there has been a definite increase in motorists being prosecuted due to dash cam footage provided by other motorists. Many drivers are surprised when they realise that they have picked up in this way and
- [Know your speed limits](https://sbcmotoringlaw.co.uk/know-your-speed-limits/) - Most drivers believe that they understand speed limits but in reality they have not taken the time to refresh their knowledge since passing their test. For low level first time offenders, a speed awareness course will be offered. This is largely made up of teaching drivers how to identify the speed limits with

## Pages

- [Smith Bowyer Clarke Driving and Motoring Offence Pages - Free Initial Consultation](https://sbcmotoringlaw.co.uk/) - Motoring & Driving Offence Law Solicitors. At SBC Motoring Law we defend drivers accused of motoring offences. Contact us now for advice.
- [GDPR Privacy Policy](https://sbcmotoringlaw.co.uk/gdpr-privacy-policy/) - Privacy Policy for Smith Bowyer Clarke At Smith Bowyer Clarke, accessible from www.sbcmotoringlaw.co.uk, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Smith Bowyer Clarke and how we use it. If you have additional questions or require more information
- [What We Do](https://sbcmotoringlaw.co.uk/what-we-do/) - Here are some of the areas our Road Transport Lawyers cover. Click Here to enquire about any of our services or use the 'Ask a Question' feature on this page if you require help with any of the services we offer.
- [Our People](https://sbcmotoringlaw.co.uk/our-people/) - To view our specialist team of lawyers select 'View Profile' for full details of each member of the team.
- [How Much?](https://sbcmotoringlaw.co.uk/how-much/) - Our Fees We offer a no obligation, free initial consultation to assess your situation. We are also completely transparent about our fees. We will sit down with you and set out all the costs involved before any action takes place. We will usually agree a Fixed Fee arrangement so that you know from the outset
- [Complaints Procedure](https://sbcmotoringlaw.co.uk/complaints-procedure/) - We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided then you should inform us immediately, so that we can do our best to resolve the problem. In the first instance it may be helpful to contact the person who
- [Specialist Motoring Lawyer in Chesterfield - SBC Motoring Lawyers](https://sbcmotoringlaw.co.uk/specialist-motoring-lawyer-in-chesterfield/) - Arrested or summonsed for a motoring offence? – Need Specialist Motoring Lawyer in Chesterfield? Our solicitors and barristers can assist. Our expert team can advise and represent you at every stage of proceedings, from initial police interview or summons, through to representation before the Chesterfield Magistrates' Court and Derby Crown Court (Appeals from Chesterfield and
- [Specialist Motoring Lawyers, Nottingham – SBC Motoring Lawyers](https://sbcmotoringlaw.co.uk/specialist-motoring-lawyers-nottingham/) - Motoring & Driving Offence Solicitors Nottingham. Speak to our motoring lawyers today for expert advice and representation. Call now.
- [Specialist Motoring Lawyers in Derby - SBC Motoring Lawyers](https://sbcmotoringlaw.co.uk/specialist-motoring-lawyers-in-derby-sbc-motoring-lawyers/) - Arrested or summonsed for a motoring offence? – Need Specialist Motoring Lawyers in Derby? Our solicitors and barristers can assist. Our expert team can advise and represent you at every stage of proceedings, from initial police interview or summons, through to representation before the Derby Magistrates Courts and Derby Crown Court. Our lawyers can advise
- [APPROVED DRIVING INSTRUCTORS](https://sbcmotoringlaw.co.uk/approved-driving-instructors/) - Our team of lawyers can assist your legal proceedings relating to your registration as an Approved Driving Instructor. This includes: Refusal to issue a Trainee Licence Removal of your name from the Register Request for representations following complaints and convictions Reporting convictions Appeals against removal from the Register DVSA interview under caution The Registrar has
- [New Drivers' Probationary Periods](https://sbcmotoringlaw.co.uk/new-drivers-probationary-periods/) - When a driver passes their driving test in the UK and obtains their first full Driving Licence, they are subject to a mandatory probationary period for 2 years. What does this mean? The effect of the Road Traffic (New Drivers) Act 1995 is that if a driver commits an offence within 2 years of passing
- [Using A Mobile Phone While Driving](https://sbcmotoringlaw.co.uk/using-a-mobile-phone-while-driving/) - It is against the law to drive a motor vehicle on a road when holding a hand-held mobile telephone, or a device which performs an “interactive communication function” by transmitting or receiving data (the exception to this is a two-way radio). What actions amount to an offence of using a phone whilst driving? This is
- [Motoring Offence Solicitors Mansfield](https://sbcmotoringlaw.co.uk/motoring-offence-solicitors-mansfield/) - If you have received a summons to attend Court at Mansfield Magistrates' Court, call our team for a free initial consultation about your case. You will be advised by one of our lawyers, who are experts in motoring offence prosecutions and can help you to protect your driving licence. You may be looking to challenge
- [Disqualification & “Totting Up”](https://sbcmotoringlaw.co.uk/disqualification-totting-up/) - At SBC Motoring Law we know how important your driving licence is. A disqualification from driving may result in loss of employment or impact on caring responsibilities. Our team of experts can advise you in respect of your motoring offence and if it is possible to avoid a disqualification. Certain offences carry a minimum period
- [Notice of Intended Prosecution](https://sbcmotoringlaw.co.uk/notice-of-intended-prosecution/) - Receiving a Notice of Intended Prosecution is always a stressful experience, especially if you are not expecting it. A Notice of Intended Prosecution is a legal requirement if the police want to prosecute a driver for the most common driving offences. This includes: Careless Driving Speeding Red Light Offences Dangerous Driving If you are suspected
- [Motoring Defence Lawyers - Birmingham and West Midlands](https://sbcmotoringlaw.co.uk/motoring-defence-lawyers/) - If you have been prosecuted by West Midlands Police for any driving offence, call our team of motoring defence lawyers today. We represent drivers in the West Midlands and wider areas, including Birmingham Magistrates' Court. We can help you deal with the Single Justice Procedure Notice or summons for a wide range of offences including:
- [Motoring Solicitors Stafford](https://sbcmotoringlaw.co.uk/motoring-lawyers-staffordshire/) - Motoring & Driving Offence Solicitors Stafford. Speak to our motoring lawyers today for expert advice and representation. Call now.
- [Motoring Defence Solicitors Lincoln](https://sbcmotoringlaw.co.uk/motoring-defence-solicitors-lincoln/) - Motoring & Driving Offence Solicitors Lincoln. Speak to our motoring lawyers today for expert advice and representation. Call now.
- [Motoring Prosecution at Leicester Magistrates' Court](https://sbcmotoringlaw.co.uk/motoring-prosecution-at-leicester-magistrates-court/) - Motoring & Driving Offence Solicitors Leicester. Speak to our motoring lawyers today for expert advice and representation. Call now.
- [Motoring Defence Solicitors Telford](https://sbcmotoringlaw.co.uk/motoring-defence-solicitors-telford/) - Motoring & Driving Offence Solicitors Telford. Speak to our motoring lawyers today for expert advice and representation. Call now.
- [Recent Cases](https://sbcmotoringlaw.co.uk/recent-cases/)
- [Contact Smith Bowyer Clarke](https://sbcmotoringlaw.co.uk/contact-us/) - To contact us with regard to any Motoring Offence query, please use the contact details below or complete the form.
- [Fixed Penalty Notices](https://sbcmotoringlaw.co.uk/fixed-penalty-notices/) - Many driving offences are capable of being dealt with by way of a Fixed Penalty Notice. A Fixed Penalty Notice is an official document which informs you of the motoring offence you are suspected of having committed, and gives you the opportunity to either: Accept guilt and pay the penalty (a fine and usually penalty
- [Single Justice Procedure Notice](https://sbcmotoringlaw.co.uk/single-justice-procedure-notice/) - What is a Single Justice Procedure Notice? If you have received a Single Justice Procedure Notice from a Magistrates Court, it means that you are suspected of committing a driving offence and are being offered the opportunity to plead guilty by post without the need to attend court. They are issued for more minor motoring
- [Driving Under The Influence Of Drink Or Drugs](https://sbcmotoringlaw.co.uk/driving-under-the-influence-of-drink-or-drugs/) - Offences of driving or attempting to drive under the influence of drink or drugs are taken very seriously by the courts. If you plead guilty or are found guilty after trial, you could face a fine, community order, or even a prison sentence, depending on the circumstances of the offence. You will also receive a
- [Dangerous Driving / Causing Death By Dangerous Driving](https://sbcmotoringlaw.co.uk/dangerous-driving-causing-death-by-dangerous-driving/) - These are some of the most serious offences with which you are likely to be charged when behind the wheel of a car. They are easily the most distressing and the consequences are, inevitably, life changing whatever the outcome of the criminal proceedings. It is, however, imperative to take expert advice at a very early
- [Careless Driving / Causing Death By Careless Driving](https://sbcmotoringlaw.co.uk/careless-driving-causing-death-by-careless-driving/) - What is Careless Driving? If the police believe that your driving has fallen below the standard expected of a reasonable and competent driver, you may find yourself charged with the offence of driving without due care and attention (aka. careless driving). Examples of what might be considered careless driving may include: Speeding Eating or smoking
- [Driving Without A Licence Or Insurance](https://sbcmotoringlaw.co.uk/driving-without-a-licence-or-insurance/) - Driving Without a Licence If you drive a motor vehicle of a type not permitted by your drivers licence, you may find yourself committing the offence of driving otherwise than in accordance with a licence. This offence can also be committed if you: Drive without any drivers licence at all Drive on an expired licence
- [Failing To Stop Or Report An Accident](https://sbcmotoringlaw.co.uk/failing-to-stop-or-report-an-accident/) - The Offence If you are involved in an accident behind the wheel of your vehicle, resulting in personal injury to another person or damage to any vehicle or property belonging to another, you must by law stop and exchange details. If this is not possible for any reason, you must report the accident to the
- [Speeding](https://sbcmotoringlaw.co.uk/speeding/) - Driving a vehicle at excess speed is one of the most common motoring offences and is capable of being dealt with in any of the following ways: A Fixed Penalty Notice A Single Justice Procedure Notice A Summons A speed awareness course A court hearing A number of different factors will determine which of these
- [Sample Page](https://sbcmotoringlaw.co.uk/sample-page/) - This is an example page. It's different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: Hi there! I'm a bike messenger

## Our People

- [Simon Clarke FCILT](https://sbcmotoringlaw.co.uk/people/simon-clarke-fcilt/) - Master of the Bench of Lincoln’s Inn Fellow of the Chartered Institute of Logistics & Transport (FCILT) Member of the Bar of England & Wales Member of the Bar of Northern Ireland Simon is a barrister of over 20-years’ experience, practising at the Bars of England and Wales and of Northern Ireland. His practice
- [Fern Chatwin](https://sbcmotoringlaw.co.uk/people/fern-chatwin/) - Fern is a Paralegal who may well be your first be your first point of contact with SBC. She has a a Degree in Law from Salford University and intends to qualify as a solicitor in due course.
- [Sofia Poole](https://sbcmotoringlaw.co.uk/people/sofia-poole/) - Sofia is a Paralegal who is experienced in producing bundles for use in the High Court, Criminal Courts and The Traffic Commissioner. She has a law degree from Nottingham Trent University. Sofia is fluent in Ukrainian and Russian.
- [Millicent Dooher](https://sbcmotoringlaw.co.uk/people/millicent-dooher/) - Member of the Bar of England & Wales Licensed Attorney at Law in New York Millicent is a barrister specialising in European and UK Road Transport law with some criminal defence work in both the Magistrates and Crown Court. Millicent also has experience in transport-related civil law, including Civil Penalties and Civil Penalty appeals. Before
- [Tim Culpin](https://sbcmotoringlaw.co.uk/people/tim-culpin/) - Tim’s first career was as a deck officer in the Merchant Navy sailing as Master for a number of years before coming ashore and obtaining his law degree at the University of Wales, Cardiff. Tim then qualified as a solicitor in 1994 at Aaron & Partners becoming a Partner at that firm in 1996. Now
- [Jaskiran Pal](https://sbcmotoringlaw.co.uk/people/jaskiran-pal/) - Jas joined us in August 2023 and is a Trainee Solicitor Apprentice who is in her first year of Law School at the Nottingham Trent University. Jas helps with case preparation and office administrator, and is usually the first point of contact with SBC. Jaskiran is fluent in Punjabi, and can speak advanced Hindi and

## Cases

- [Exceptional Hardship Argument Successful for Motorist Driving with Mobile Phone](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-argument-successful-for-motorist-driving-with-mobile-phone/) - This motorist, represented at the Magistrates Court by barrister Harry Bowyer, was caught using his mobile phone whilst driving. He was able to show that his business would have suffered severely which would have affected the residents in his care home and that his disabled son would have been severely affected by the loss of
- [Fail to Identify a Driver Case Dropped](https://sbcmotoringlaw.co.uk/cases/fail-to-identify-a-driver-case-dropped/) - Our client was represented by Laura Newton in relation to an offence of Failing to Identify a Driver. Our client was a former director of the Registered Keeper of the vehicle, which was a limited company. She had replied to the Notice, but was unable to give the name of the particular driver. We had
- [Driver Avoids Conviction for Two Offences of Failing to Identify a Driver](https://sbcmotoringlaw.co.uk/cases/driver-avoids-conviction-for-two-offences-of-failing-to-identify-a-driver/) - Laura Newton represented a driver faced with prosecution of four separate driving offences. He has two speeding offences and had been served with a Notice of Intended Prosecution for each case. He failed to reply to these and was prosecuted for two additional offences of Failing to Identify a Driver, which would be 6 points
- [Fine and 14-month disqualification for drink driver following an accident](https://sbcmotoringlaw.co.uk/cases/fine-and-14-month-disqualification-for-drink-driver-following-an-accident/) - This driver, represented by Millicent Dooher, barrister, had pleaded guilty to drink driving. The driver had been involved in a collision with another vehicle- this is an aggravating factor to any drink or drug driving conviction. Millicent was able to persuade the Court to deal with the matter by way of a financial penalty and
- [Driver escapes with only 5 penalty points following a conviction for excess speed and failing to stop for a police constable.](https://sbcmotoringlaw.co.uk/cases/driver-escapes-with-only-5-penalty-points-following-a-conviction-for-excess-speed-and-failing-to-stop-for-a-police-constable/) - This driver, represented by barrister, Millicent Dooher, was before the Magistrates following a conviction for speeding and failing to stop for a police constable. Due to the speed, the driver faced the possibility of a disqualification, Millicent was able to persuade the Magistrates to deal with the matter by way of penalty points, these being
- [Drug Driver receives only a fine and a disqualification](https://sbcmotoringlaw.co.uk/cases/drug-driver-receives-only-a-fine-and-a-disqualification/) - Millicent Dooher, barrister, represented this driver who had pleaded guilty to driving whilst being over the drug driving limit. The driver was stopped following a collision with another vehicle. Millicent was able to convince the Magistrates to deal with the matter by way of a disqualification and a fine only. For all drug driving offences,
- [Taxi driver escapes revocation at Committee Hearing following numerous complaints](https://sbcmotoringlaw.co.uk/cases/taxi-driver-escapes-revocation-at-committee-hearing-following-numerous-complaints/) - Millicent Dooher represented this Private Hire Driver before the committee hearing following a number of complaints, including aggressive behaviour. Millicent was able to persuade the committee to deal with the driver by way of suspension rather than a revocation, with assurances of additional training being undertaken.
- [Crown Court Finds Exceptional Hardship on Appeal.](https://sbcmotoringlaw.co.uk/cases/crown-court-finds-exceptional-hardship-on-appeal/) - The driver in this matter, represented by Harry Bowyer in the Crown Court, had a desperately ill wife. He had represented himself in the Magistrates' Court who did not find exceptional hardship. By the time he arrived in the Crown Court her condition had worsened and the Judge and two justices allowed his appeal.
- [New Driver Avoids Revocation by Short Ban](https://sbcmotoringlaw.co.uk/cases/new-driver-avoids-revocation-by-short-ban/) - Laura Newton represented a driver who was prosecuted for an offence driving a vehicle with a defective tyre, after it was found to have tread below the legal limit. This is an offence which ordinarily carries 3 points. The driver had passed his test less than 2 years before the offence and was deemed a
- [Lowest Sentence After Plea to Fail to Provide](https://sbcmotoringlaw.co.uk/cases/lowest-sentence-after-plea-to-fail-to-provide/) - Laura Newton represented a driver who had been stopped by the police following an observed period of poor driving. The police suspected that he was under the influence of alcohol and roadside breath sample produced a reading of 89mg of alcohol in his breath. He was arrested and taken to the Police Station, but failed
- [Dangerous Driver Avoids Immediate Custody by Early Guilty Plea](https://sbcmotoringlaw.co.uk/cases/dangerous-driver-avoids-immediate-custody-by-early-guilty-plea/) - The driver in this matter, represented at the Magistrates' Court by barrister Harry Bowyer, had driven off a main road on to a minor road. He recognised the car of someone with whom he needed to speak and reversed back at speed on the wrong side of the road crashing into that car at such
- [Prosecution dropped against national hire car company following s.172 charge](https://sbcmotoringlaw.co.uk/cases/prosecution-dropped-against-national-hire-car-company-following-s-172-charge/) - Millicent Dooher, barrister, represented this national hire car company following their s.172 charge for failing to provide the details of a driver after a vehicle owned by them was involved in a road traffic offence. The Company were arguing that they had not received the s.172 notice, meaning that they were not guilty of the
- [Driver Wins Private Hire Appeal in Magistrates' Court](https://sbcmotoringlaw.co.uk/cases/driver-wins-private-hire-appeal-in-magistrates-court/) - Our client, a Private Hire Driver, instructed Smith Bowyer Clarke to represent him following the refusal of his Private Hire Licence renewal. His licence has been refused on several grounds. Under Transport for London Policy, any convictions or penalties must be reported within 48 hours. However, our client had been sentenced for two separate offences
- [Fail to Identify Driver Charges Withdrawn Without Driver Having to Attend Court](https://sbcmotoringlaw.co.uk/cases/fail-to-identify-driver-charges-withdrawn-without-driver-having-to-attend-court/) - Laura Newton represented a driver, facing allegations of Failing to Identify a Driver and Speeding. Our client experienced difficulties in responding to the Notice of Intended Prosecution, and although he accepted being the driver, he had not confirmed this to the Police. It was unlikely that his difficulties would have given him a defence at
- [Licence Revoked Under New Driver Provisions Back on the Road with SBC](https://sbcmotoringlaw.co.uk/cases/licence-revoked-under-new-driver-provisions-back-on-the-road-with-sbc/) - We represented a driver, who discovered that his licence had been revoked without any notice. Laura Newton was instructed to assist and it was discovered that paperwork relating to a prosecution has been sent to an old address. He had 6 points imposed in absence and DVLA had revoked his Licence as a New Driver
- [Private Hire Driver Successfully Appeals suspension](https://sbcmotoringlaw.co.uk/cases/private-hire-driver-successfully-appeals-suspension/) - We were instructed to represent a Private Hire Driver, who has been given a suspension of her Licence by TfL following an unsubstantiated complaint from a passenger. On appeal, Jaskiran Pal had prepared compelling evidence to present to the Court, which demonstrated that the complaint was untrue. The Court overturned the decision and the suspension
- [Driver Subject to "New Driver" Provisions Wins Crown Court Appeal and Saves Licence](https://sbcmotoringlaw.co.uk/cases/driver-subject-to-new-driver-provisions-wins-crown-court-appeal-and-saves-licence/) - Our client in this matter pleaded guilty to speeding, 56 in a 30, by Single Justice Procedure Notice and was dismayed to find that he had been awarded 6 penalty points which resulted in the DVLA revoking his licence. He got in touch with Laura Newton who submitted grounds of appeal, got him back his
- [No Adverse Finding for Approved Driving Instructor](https://sbcmotoringlaw.co.uk/cases/no-adverse-finding-for-approved-driving-instructor/) - Laura Newton represented an Approved Driving Instructor, whose fitness was questioned by the Registrar. The client had completed all of the assessments to progress from a Provisional Driving Instructor (PDI) to Approved Driving Instructor (ADI). The Registrar took issue with some of the advertising on the Instructors’ website prior to Approval, which is subject to
- [Prosecution Dropped Before Trial Date](https://sbcmotoringlaw.co.uk/cases/prosecution-dropped-before-trial-date/) - Laura Newton represented an international business, which was facing two prosecutions for Failure to Identify a Driver. The Police said that on a number of occasions, a Notice of Intended Prosecution had been served on the Company requiring the driver to be nominated, and no response had been provided. We were able to serve evidence
- [Drink Driver Given Minimum Ban Despite Accident Causing Injury](https://sbcmotoringlaw.co.uk/cases/drink-driver-given-minimum-ban-despite-accident-causing-injury/) - Our driver was represented by Laura Newton in a prosecution before the Magistrates’ Court. He was charged with drink driving and had given a positive alcohol breath sample. At Court, he pleaded guilty. He was given the sentence of 12 month ban and a fine, with the option to reduce the disqualification to 9 months
- [Driver Runs Down Ex Girlfriend - Charged with Dangerous Driving - CPS Accept Plea to Careless Driving. Fine and 6pp](https://sbcmotoringlaw.co.uk/cases/driver-runs-down-ex-girlfriend-charged-with-dangerous-driving-cps-accept-plea-to-careless-driving-fine-and-6pp/) - The driver in this matter, represented by barrister Harry Bowyer, was asked by his daughter to pick her up from the pub where her mother had been drinking all afternoon. The defendant arrived at the pub and loaded his children in the car. He had his new girlfriend in the front passenger seat. The ex
- ["Touting" Private Hire Driver Wins Appeal In Magistrates' Court](https://sbcmotoringlaw.co.uk/cases/touting-private-hire-driver-wins-appeal-in-magistrates-court/) - Our client was a Private Hire Driver who had been accused of touting and illegally plying for hire by Transport for London. His Private Hire Driver Licence (PCO Licence) was revoked and he instructed SBC to appeal. He was represented by Laura Newton and he attended on appeal at the City of London Magistrates’ Court
- [Exceptional Hardship Argument Successful - Driver Keeps Licence](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-argument-successful-driver-keeps-licence/) - Our client, represented by motoring law solicitor Laura Newton had pleaded guilty to a mobile phone offence and faced disqualification under the totting up rules. Ordinarily this would be a 6 month ban for reaching 12 points, but we were able to successfully argue that this would cause her exceptional hardship because of the impact
- [Two Speeding Offences One Set of Points!](https://sbcmotoringlaw.co.uk/cases/two-speeding-offences-one-set-of-points/) - Laura Newton represented a driver facing prosecution in the Magistrates’ Court for two separate speeding offences on the same day. She had 6 points already on her licence and would have been subject to a 6 month ban under the totting up rules. However, at Court, despite objection from the prosecution, Laura successfully argued that
- [No Ban for Drunk in Charge](https://sbcmotoringlaw.co.uk/cases/no-ban-for-drunk-in-charge/) - Our driver client was prosecuted at the Magistrates’ Court after being arrested by the Police, and represented by Laura Newton. He had admitted driving and crashing his car, whilst over the prescribed limit of alcohol in his breath. The reading was 97µ of alcohol in 100ml of breath. At Court he was convicted of being
- [Private Hire Driver Found Not to Be "Plying for Hire" by Magistrates on Appeal](https://sbcmotoringlaw.co.uk/cases/private-hire-driver-found-not-to-be-plying-for-hire-by-magistrates-on-appeal/) - Laura Newton represented our client, a TfL licensed Private Hire Driver, whose licence had been revoked. He was alleged to have been plying for hire during an undercover operation by TfL licensing officers. This decision was appealed to the Magistrates’ Court in the City of London. Mr Hussein attended Court and gave evidence and disputed
- [Successful Exceptional Hardship Argument](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-argument/) - Laura Newton was instructed to represent a driver facing a totting up ban following the imposition of 6 points for a new offence of using a movile phone, with a previous 6 points already on the driver’s record. At Court, the exceptional hardship argument was presented on a number of grounds, including the loss of
- [Approved Driving Instructor with Caution for Assault Remains on the Register](https://sbcmotoringlaw.co.uk/cases/approved-driving-instructor-with-caution-for-assault-remains-on-the-register/) - Laura Newton represented an Approved Driving Instructor (ADI) who had reported a caution for assault to the Registrar and was facing removal from the Register of Approved Driving Instructors. We were able to prepare written representation to the Registrar, outlining the previous good conduct, present the facts and the mitigation which related to the incident.
- [Prosecution Offer No Evidence at s.172 (Fail to Identify Driver) Trial for Major UK Car Hire Company](https://sbcmotoringlaw.co.uk/cases/prosecution-offer-no-evidence-at-s-172-fail-to-identify-driver-trial-for-major-uk-car-hire-company/) - This major UK car hire company, represented by Millicent Dooher, faced a charge under s.172 for failing to provide driver details. Millicent was able to submit representations and witness statements to show that this Company did in fact respond to the request within the time frame, whether or not the police received this response. Prior
- [No period of Disqualification Imposed Following Successful Exceptional Hardship Application](https://sbcmotoringlaw.co.uk/cases/no-period-of-disqualification-imposed-following-successful-exceptional-hardship-application/) - This driver, represented by barrister, Millicent Dooher, had accrued 12 penalty points and risked being disqualified for 6 months as a ‘totter’. Millicent put forwards an application of exceptional hardship. She was able to persuade the Court that exceptional hardship was relevant in this case and the Magistrates imposed no period of disqualification. This meant
- [Successful exceptional hardship appeal to the Crown Court – 6 month disqualification reduced to 16 day disqualification and a clean licenc](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-appeal-to-the-crown-court-6-month-disqualification-reduced-to-16-day-disqualification-and-a-clean-licenc/) - Barrister, Millicent Dooher, represented this driver before her appeal to the Crown Court following a 6 month disqualification for ‘totting’ at the Magistrates’ Court. The Driver had served 16 days of a disqualification following the Magistrates’ Court hearing and when the disqualification was suspended pending the appeal. Millicent was able to persuade the Court that
- [Successful Exceptional Hardship Appeal for NHS doctor with Disqualification Being Quashed](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-appeal-for-nhs-doctor-with-disqualification-being-quashed/) - Millicent Dooher, barrister, represented this driver before the Crown Court at his exceptional hardship appeal. The driver had previously represented himself before the Magistrates’ Court who had not found exceptional hardship following the accumulation of 12 penalty points. Millicent was able to present the Court with the evidence of the exceptional hardship, including a statement
- [Early Return of Driving Licence Following Early Release from Prison Scheme](https://sbcmotoringlaw.co.uk/cases/early-return-of-driving-licence-following-early-release-from-prison-scheme/) - Barrister, Millicent Dooher, represented this driver before the Crown Court for the early return of his driving licence. The driver had been convicted of a number of serious offences, resulting in a 7 year period of custody, alongside a driving disqualification that was to continue for 11 months following his release. The Driver was, however,
- [PHV driver with Two Major Traffic Offences Granted Renewal by the Council at a Committee Hearing](https://sbcmotoringlaw.co.uk/cases/phv-driver-with-two-major-traffic-offences-granted-renewal-by-the-council-at-a-committee-hearing/) - Millicent Dooher, barrister, represented this PHV driver before the city council at a committee hearing following concerns in relation to his fitness to hold a licence with two driving convictions. The driver had convictions for no insurance, 6 penalty points and a conviction for failing to provide driver details under s.172, a further 6 penalty
- [Driver Acquitted of Failing to Provide Details After Trial](https://sbcmotoringlaw.co.uk/cases/driver-acquitted-of-failing-to-provide-details-after-trial/) - Laura Newton represented a driver who faced 6 penalty points after being unable to respond to a Notice of Intended Prosecution. Our client had been asked to provide the details of the driver of a vehicle linked to his business but, for genuine reasons, was unable to do so and had explained this to the
- [Prosecution Drop Section 172 Charges After Representations from SBC](https://sbcmotoringlaw.co.uk/cases/prosecution-drop-section-172-charges-after-representations-from-sbc/) - Our client was prosecuted for failing to identify a driver, an offence under S172 Road Traffic Act. He had been served with a Notice of Intended Prosecution for suspected careless driving. He completed the Notice identifying himself but inadvertently used the wrong section of the form. Prior to a trial, our solicitor Laura Newton was
- [Driver Acquitted of Mobile Phone Offence After Trial](https://sbcmotoringlaw.co.uk/cases/driver-acquitted-of-mobile-phone-offence-after-trial/) - Laura Newton was instructed to represent a driver who was alleged to have been using his mobile telephone whilst driving. He denied this and took the case to trial. The Police Officers attended Court to give evidence but their accounts were undermined by careful cross examination casting doubt on how accurate their view had been.
- [New Driver escapes licence revocation after mobile telephone offence with a 21-day disqualification](https://sbcmotoringlaw.co.uk/cases/new-driver-escapes-licence-revocation-after-mobile-telephone-offence-with-a-21-day-disqualification/) - Barrister, Millicent Dooher, represented this new driver before the Magistrates’ Court following a single mobile telephone offence. A mobile telephone offence attracts a mandatory minimum 6 penalty points to be endorsed on a driver’s licence. The new driver provisions mean that where any driver is within 2 years of passing their driving test, if 6
- [Driver escapes disqualification with successful exceptional hardship application following 5 speeding offences](https://sbcmotoringlaw.co.uk/cases/driver-escapes-disqualification-with-successful-exceptional-hardship-application-following-5-speeding-offences/) - Millicent Dooher represented this driver before the Courts following a number of speeding offences. The Driver accrued an additional speeding offence during the Court process. Millicent was able to consolidate the offences, so that all were considered at a single hearing. At the exceptional hardship application hearing, Millicent was able to convince the Magistrates to
- [Exceptional Hardship granted for gas and plumbing engineer after he accrued 12 penalty points](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-for-gas-and-plumbing-engineer-after-he-accrued-12-penalty-points/) - This driver was faced with a 6-month totting up disqualification following the accrual of 12 penalty points in 3 years. Millicent Dooher, barrister, represented the driver before the Magistrates, putting forwards an application for exceptional hardship. The exceptional hardship argument was on the basis of loss of employment, and the knock of effects of this.
- [Driver Escapes Disqualification after ‘Totting’ to 12 Penalty Points Due to Financial Consequences a disqualification would have](https://sbcmotoringlaw.co.uk/cases/driver-escapes-disqualification-after-totting-to-12-penalty-points-due-to-financial-consequences-a-disqualification-would-have/) - Barrister, Millicent Dooher, represented this driver before the Magistrates’ Court following his accrual of 12 penalty points for 4 speeding offences within 3 years. The Driver was relying on the fact that he would lose his job if he were to be disqualified, and this would lead to him defaulting on the mortgage for the
- [Successful exceptional hardship appeal by telesales company owner – 16 additional days of disqualification before the driver then received a clean driving licence.](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-appeal-by-telesales-company-owner-16-additional-days-of-disqualification-before-the-driver-then-received-a-clean-driving-licence/) - Millicent Dooher, barrister, represented this driver at his exceptional hardship appeal before the Crown Court. The basis of the exceptional hardship was in relation to the driver’s company, the employees that would lose their jobs and the impact on the driver’s family. The Driver had already been disqualified for a period of 70 days. The
- [Multinational Car Hire Company has Offence of Failing to Provide Driver Details Withdrawn](https://sbcmotoringlaw.co.uk/cases/multinational-car-hire-company-has-offence-of-failing-to-provide-driver-details-withdrawn/) - Barrister, Millicent Dooher represented this car hire company before the Magistrates’ Court following a charge of failing to provide driver details under s.172. The Company had not received the initial request for driver details but had received the reminder notice. The Company had responded to the reminder notice. The relevant case law attaches the requirement
- [s.172 offence of failing to provide driver details withdrawn by Prosecution](https://sbcmotoringlaw.co.uk/cases/s-172-offence-of-failing-to-provide-driver-details-withdrawn-by-prosecution/) - This international car hire and rental Company, represented by Millicent Dooher, barrister, was charged with an offence of failing to provide driver details. It was the Company’s position that they had never received the Notice of Intended Prosecution (NIP) and the s.172 requirement. Millicent was able to prepare the relevant documents and convince the Prosecution
- [Exceptional Hardship Granted for Wedding Performer](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-for-wedding-performer/) - Millicent Dooher represented this driver who was facing a totting disqualification following the accumulation of 12 penalty points. The driver was looking for full time work, whilst playing in a wedding band. The Court accepted that this did meet the requirements for exceptional hardship where the Driver would have let down a number of pre-booked
- [Prosecution Offer No Evidence Following s.172 Charge for Failing to Provide Driver Details](https://sbcmotoringlaw.co.uk/cases/prosecution-offer-no-evidence-following-s-172-charge-for-failing-to-provide-driver-details/) - Barrister, Millicent Dooher, represented this driver who had been charged with the offence of failing to provide driver details. The driver contended that he had received the notice and responded. Millicent was able to obtain all the required evidence and, prior to the hearing, the Prosecution confirmed that they were not going to pursue the
- [Crown Court Judge Finds Special Reasons for not Endorsing Licence and Gives an Absolute Discharge to Driver Charged with Dangerous Driving for Driving Wrong Way Down Dual Carriageway!](https://sbcmotoringlaw.co.uk/cases/crown-court-judge-finds-special-reasons-for-not-endorsing-licence-and-gives-an-absolute-discharge-to-woman-charged-with-dangerous-driving-for-driving-wrong-way-down-dual-carriageway/) - This driver, represented by barrister Harry Bowyer, was driving down a dual carriageway late at night when the police stopped the traffic. The driver's profoundly autistic child, aged 16 was in the car. The traffic was stopped for over a hour. The driver's daughter, easily triggered by noise and unusual situations began to react to
- [Exceptional Hardship Granted for Caring Responsibilities to Cousin.](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-for-caring-responsibilities-to-cousin/) - This driver, represented by Millicent Dooher, was facing a 6-month totting disqualification following the accumulation of more than 12 penalty points. The Driver was a professional driver, and so relied on his vehicle for work. The Magistrates’ found exceptional hardship in favour of the Driver, specifically in light of the care that he gives to
- [TFL Private Hire Revocation on Grounds of Suspected Account Sharing Successfully Appealed.](https://sbcmotoringlaw.co.uk/cases/tfl-private-hire-revocation-on-grounds-of-suspected-account-sharing-successfully-appealed/) - This TfL Driver had his licence revoked following a concern of account sharing after the operator requested a ‘selfie’ ID check that seemingly started and ended in different locations. The TfL driver refuted the account sharing and appealed the decision to the Magistrates’ Court. The Driver was able to continue working whilst the appeal was
- [s.172 Charge Withdrawn on Day of Trial](https://sbcmotoringlaw.co.uk/cases/s-172-charge-withdrawn-on-day-of-trial/) - This driver was facing a s.172 offence before the Magistrates’ for failing to provide driver details following a traffic offence. The owner had allowed another to drive his vehicle as a ‘test drive’ when he was looking to sell the vehicle. The owner had made enquiries about the potential purchaser, but following the traffic offence,
- [Poor Police Evidence Leads to Prosecution Offering No Evidence on Day of Trial for Mobile Phone Offence.](https://sbcmotoringlaw.co.uk/cases/poor-police-evidence-leads-to-prosecution-offering-no-evidence-on-day-of-trial-for-mobile-phone-offence/) - This driver, represented by Millicent Dooher, barrister, was facing a mobile telephone offence. This carries 6 penalty points if convicted. Millicent represented this driver for his trial. In the pre-hearing discussions on the day of the trial, the Prosecution agreed to offer no evidence due to the poor police evidence and the offence was dropped.
- [Private Hire Driver Who Missed Time Limit for Appeal Has Licence Restored Without a Hearing](https://sbcmotoringlaw.co.uk/cases/private-hire-driver-who-missed-time-limit-for-appeal-has-licence-restored-without-a-hearing/) - Laura Newton represented a Private Hire Driver who had his licence revoked by TfL because a number of concerns over his fitness to be licenced licence was revoked, but he did not receive his letter until after the appeal window. He took immediate advice from SBC when he was made aware of the revocation. We
- [s.172- Failing to Provide Driver Details, Withdrawn Before Trial](https://sbcmotoringlaw.co.uk/cases/s-172-failing-to-provide-driver-details-withdrawn-before-trial/) - This Operator Licence holding company was represented at the case management hearing by Millicent Dooher, barrister, following a not guilty plea to a s.172 offence of failing to provide driver details. Prior to the hearing, Millicent was able to speak to the prosecutor and present the evidence that was to be relied upon for the
- [Exceptional Hardship Granted at the Magistrates' Court- Driver Escapes Disqualification](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-at-the-magistrates-court-driver-escapes-disqualification/) - This Driver was facing a 6-month disqualification by the Magistrates for accruing 12 penalty points in 3 years. Smith Bowyer Clarke were able to obtain his instructions and prepare his exceptional hardship application. The Court accepted the submissions and granted exceptional hardship, imposing no period of disqualification. The Court found that, more than his work
- [Totting Ban Successfully Appealed on "Other Circumstances" Resulting in no Disqualification](https://sbcmotoringlaw.co.uk/cases/totting-ban-successfully-appealed-on-other-circumstances-resulting-in-no-disqualification/) - Millicent Dooher, barrister, represented this driver at their Crown Court appeal following a 6-month disqualification for totting. The driver did not have strong exceptional hardship, but did have ‘other circumstances’ he felt were sufficient to mean no period of disqualification ought to be imposed. The Court accepted these submissions, granted the appeal and imposed no
- [Driver escapes disqualification following 12 penalty points with successful exceptional hardship application.](https://sbcmotoringlaw.co.uk/cases/driver-escapes-disqualification-following-12-penalty-points-with-successful-exceptional-hardship-application/) - Barrister, Millicent Dooher, represented this driver who faced a 6 month disqualification for ‘totting’ before the Magistrates’ Court. Millicent was able to establish that the driver, who worked as a sole trader in the construction industry and provided work to his step-son who was due to start an apprenticeship, would have suffered exceptional hardship if
- [Successful Exceptional Hardship Appeal Where Sole Trader Business Would be Lost.](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-appeal-where-sole-trader-business-would-be-lost/) - Barrister, Millicent Dooher, represented this driver at his appeal to the Crown Court, following a disqualification for totting in the Magistrates’ Court. This driver, who attended the original hearing unrepresented, was disqualified for ‘totting’, accumulating 12 penalty points in 3 years. Millicent was able to successfully argue exceptional hardship, particularly differentiating between a person’s employment
- [Sentence for Causing Serious Injury by Dangerous Driving Mitigated by 50% from Starting Point](https://sbcmotoringlaw.co.uk/cases/sentence-for-causing-serious-injury-by-dangerous-driving-mitigated-by-50-from-starting-point/) - The Defendant in this matter, represented in the Crown Court by barrister Harry Bowyer pleaded guilty at the earliest opportunity to Causing Serious Injury by Dangerous Driving. The case was particularly serious. The injuries to his passenger were horrific and the case was aggravated by excessive speed, drug use and use of a telephone. The
- [Prosecution Withdrawn for Failure to Notify a Driver](https://sbcmotoringlaw.co.uk/cases/prosecution-withdrawn-for-failure-to-notify-a-driver/) - Laura Newton represented a Company charged with an offence of Failing to Identify a Driver, when served with a Notice of Intended Prosecution. When Company records were reviewed, it was accepted that the Notice had been missed and no reply sent. However, the Company had good processes in place and a track record of adequately
- [TFL Private Hire Driver Wins Appeal in the Crown Court](https://sbcmotoringlaw.co.uk/cases/tfl-private-hire-driver-wins-appeal-in-the-crown-court/) - Our client, a Private Hire Driver working with Uber under a TfL Licence, had the licence revoked by TfL following a passenger complaint. He was represented by Laura Newton on appeal to the Magistrates’ Court and Crown Court. The complaint had been investigated and dismissed by the Police, there was no other evidence to support
- [Dangerous Driver Avoids Prison](https://sbcmotoringlaw.co.uk/cases/dangerous-driver-avoids-prison/) - This driver, represented in the Magistrates Court by barrister Harry Bowyer, overtook a van on the brow of a hill, crossing an unbroken line and forcing an on coming car to leave the carriageway. The entire incident was caught on dashcam. The starting point in the sentencing guidelines was 36 weeks imprisonment. The defendant pleaded
- [TFL Private Hire Driver Wins Appeal at The Old Bailey](https://sbcmotoringlaw.co.uk/cases/tfl-private-hire-driver-wins-appeal-at-the-old-bailey/) - Solicitor Laura Newton was instructed to assist a Private Hire Driver whose Private Hire Licence had expired following TfL’s refusal to renew. Upon renewal, TfL performs checks on all Operator platforms and negative feedback was submitted to TfL by Operator Uber during this process. On Appeal, we were able to demonstrate that TfL had not
- [Success at the Court of Appeal for Motorist Wrongly Sentenced](https://sbcmotoringlaw.co.uk/cases/success-at-the-court-of-appeal-for-motorist-wrongly-sentenced/) - Millicent Dooher, barrister, represented this motorist who had been wrongly sentenced to 3 months custody for the offence of failing to stop for a police constable. This is a non-custodial offence- not one to be confused with failing to stop/report an accident which does carry a term of imprisonment. The Court had tried to previously
- [MOT Tester with 8 counts of Fraud Avoids Immediate Custody](https://sbcmotoringlaw.co.uk/cases/mot-tester-with-8-counts-of-fraud-avoids-immediate-custody/) - Millicent Dooher, barrister, represented this MOT tester before the Courts following a guilty plea to 8 offences of MOT fraud. Millicent was first able to keep the matter in the Magistrates’ Court where the sentencing powers are restricted, she was then able to persuade the Court to deal with matter by way of a short
- [Error in DVLA licence summary Corrected - Driver not a Totter](https://sbcmotoringlaw.co.uk/cases/error-in-dvla-licence-summary-corrected-driver-not-a-totter/) - Barrister, Millicent Dooher, represented this driver following initial concerns that he had been called to court for ‘totting’. Millicent was able to rectify the position in relation to the penalty points endorsed on the driving licence, reducing the number of endorsed penalty points from 9 to 6. Millicent then represented the driver at the Magistrates’
- [Crown Court Appeal Successful for PHV Driver With Mobile Telephone Offence](https://sbcmotoringlaw.co.uk/cases/crown-court-appeal-successful-for-phv-driver-with-mobile-telephone-offence/) - This Driver had received a revocation of his Private Hire Licence following a conviction for a mobile telephone offence, resulting in 6 penalty points. The Magistrates’ Court had not allowed the appeal in the first instance, and the Driver sought assistance from Smith Bowyer Clarke in appealing to the Crown Court. Millicent Dooher drafted representations
- [TFL Driver with 42 Particularised Complaints Escapes With No Action On His PHV Licence](https://sbcmotoringlaw.co.uk/cases/tfl-driver-with-42-particularised-complaints-escapes-with-no-action-on-his-phv-licence/) - This Driver, represented by Millicent Dooher, was requested to make representations for the second time in 2 years on a number of particularised complaints. Millicent was able to provide these representations, and it was accepted by the Licencing Authority (Transport for London) that the Driver remained a fit and proper person to hold a Private
- [Appeal Withdrawn by Licencing Authority and PHV licence granted Following Motoring Offence](https://sbcmotoringlaw.co.uk/cases/appeal-withdrawn-by-licencing-authority-and-phv-licence-granted-following-motoring-offence/) - This appeal was brought against a Local Authority following the Driver’s application being refused due to a 3 penalty point motoring offence. The Local Authority had quoted their guidelines that suggested that a driver must have a clean licence for 3 years before being able to be approved as a PHV driver in this area.
- [No disqualification for driver with 13 penalty points](https://sbcmotoringlaw.co.uk/cases/no-disqualification-for-driver-with-13-penalty-points/) - This driver faced a totting disqualification after accumulating 13 penalty points. The Magistrates’ considered that the 6-month disqualification would leave this driver isolated, due to the rural location of his home, and unable to attend necessary medical appointments. The Magistrates’ found exceptional hardship and imposed no period of disqualification for this speeder.
- [No Insurance Offence Dropped Prior to Court Hearing](https://sbcmotoringlaw.co.uk/cases/no-insurance-offence-dropped-prior-to-court-hearing/) - This driver had been charged with an offence of driving with no valid insurance as the driver was not properly licenced. Millicent Dooher, barrister, was able to demonstrate that the Driver was properly licensed under his international driving licence and that the insurance was therefore valid. The prosecution withdrew the offence and the Driver did
- [Exceptional Hardship Argument Succeeds for Carer Husband](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-argument-succeeds-for-carer-husband/) - Millicent Dooher, barrister, represented this driver before the Magistrates’ Court following the accumulation of 12 penalty points. The driver was a ‘totter’, risking a 6-month driving disqualification. The Court accepted the exceptional hardship application on the basis that the driver provided care for his wife. The Court imposed no period of disqualification. Any totting disqualification
- [Speeding Offence Withdrawn](https://sbcmotoringlaw.co.uk/cases/speeding-offence-withdrawn/) - Barrister, Millicent Dooher, represented this Driver before the Magistrates’ Court. The Driver had received 9 penalty points for previous speeding offences. The 4th speeding offence occurred on the same day as one of the previous offences. Millicent was able to agree with the Prosecution that the offence ought to be withdrawn. No evidence was offered
- [Exceptional Hardship Granted for Motorist Who Relied on His Vehicle For Work and Caring Responsibilities](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-for-motorist-who-relied-on-his-vehicle-for-work-and-caring-responsibilities/) - This Driver, represented by Millicent Dooher had received 12 penalty points following an offence of no insurance. As a totter, the Driver faced a 6-month driving disqualification. Millicent made an application for exceptional hardship for this driver on the basis of loss of employment and impact on his family. This was accepted by the Court,
- [New Driver Disqualified Rather than Revoked](https://sbcmotoringlaw.co.uk/cases/new-driver-disqualified-rather-than-revoked-2/) - Laura Newton represented a ‘New Driver’ who had been recorded speeding on his motorbike at 50mph in an area restricted to 30mph. The normal sentence for this offence would be 6 points, however as a New Driver, this would mean that DVLA would revoke the Licence and he would need to retake his test. This
- [Successful Review of TFL Decision to Revoke Private Hire Licence](https://sbcmotoringlaw.co.uk/cases/successful-review-of-tfl-decision-to-revoke-private-hire-licence/) - Our client was a Private Hire Driver who had received a notice from TfL that his licence had been revoked. We lodged an appeal against this decision with the Court so the driver could continue working and contacted TfL for a review of the decision. We were advised by TfL Appeals Team that the review
- [TFL Take no Action on Private Hire Driver Accused of Inappropriate Behaviour](https://sbcmotoringlaw.co.uk/cases/tfl-take-no-action-on-private-hire-driver-accused-of-inappropriate-behaviour/) - Laura Newton represented a Private Hire Driver facing action by TfL against his Licence following an allegation of inappropriate behaviour towards a passenger. Detailed representations were made outlining the driver’s account and casting doubt on the allegations. A response was received within 2 weeks from TfL confirming no action would be taken on the licence.
- [Proceedings Reopened and Disqualification Avoided](https://sbcmotoringlaw.co.uk/cases/proceedings-reopened-and-disqualification-avoided/) - We were asked to assist a driver who had received a notice of disqualification, following a conviction and sentence in the Magistrates’ court that he was unaware of. We quickly arranged for the driver to make a Statutory Declaration, which was served on the Court to remove the ban and restart proceedings. Following discussions with
- [New Driver Disqualified Rather than Revoked.](https://sbcmotoringlaw.co.uk/cases/new-driver-disqualified-rather-than-revoked/) - Laura Newton, represented a client before the Magistrates’ Court charged with an offence of speeding, recorded at more than 30mph in excess of the speed limit. In additional the vehicle was found to have a defective tyre. The client was a ‘New Driver’ and would ordinarily have been subject to a licence revocation if the
- [Disqualification set aside and Exceptional Hardship granted for driver following no insurance offence](https://sbcmotoringlaw.co.uk/cases/disqualification-set-aside-and-exceptional-hardship-granted-for-driver-following-no-insurance-offence/) - Barrister, Millicent Dooher, represented this motorist before the Magistrates’ Court. The Court had, in the absence of the motorist disqualified him for 6 months as a ‘totter’, with 12 penalty points. This was despite the Driver having requested to attend to put forwards mitigation. The Court’s initially set aside the disqualification that had been imposed.
- [Driver escapes with 14-day disqualification rather than 6 penalty points](https://sbcmotoringlaw.co.uk/cases/driver-escapes-with-14-day-disqualification-rather-than-6-penalty-points/) - Barrister, Millicent Dooher, represented this Driver before the Magistrates’ Court following a speeding offence. The Driver specifically wanted a disqualification rather than penalty points for the offence due to the impact points would have on him and his work. Millicent was able to convince the Court to deal with the matter by way of a
- [106mph Speeding Offence - Driver Avoids Disqualification](https://sbcmotoringlaw.co.uk/cases/106mph-speeding-offence-driver-avoids-disqualification/) - This driver, represented before the Magistrates by Millicent Dooher, pleaded guilty to one speeding offence. The speed was 106mph in a 70mph zone. The driver wanted to receive penalty points rather than any period of disqualification. The Court’s considered the mitigation and imposed 6 penalty points for the offence.
- [Driver with no Insurance Escapes Penalty Points Following Special Reasons Argument.](https://sbcmotoringlaw.co.uk/cases/driver-with-no-insurance-escapes-penalty-points-following-special-reasons-argument/) - Millicent Dooher, barrister, represented this driver who was found driving with no insurance following an accident. Millicent put forwards a special reasons argument on behalf of the driver on the basis that his father had erroneously told the driver he was insured. The Magistrates’ accepted this and imposed no penalty points. A special reason argument
- [Suspended Sentence for Dangerous Driver Involved in Head on Collision](https://sbcmotoringlaw.co.uk/cases/suspended-sentence-for-dangerous-driver-involved-in-head-on-collision/) - This driver, represented in the Crown Court by barrister Harry Bowyer, was charged with dangerous driving as a result of a head on collision occasioned by an overtaking manoeuvre undertaken by the defendant. The defendant pleaded guilty at the earliest opportunity and expressed appropriate remorse and the judge, despite a 36 week starting point in
- [3 Penalty Points for Careless driving](https://sbcmotoringlaw.co.uk/cases/3-penalty-points-for-careless-driving/) - This driver pleaded guilty to a single offence of careless driving (driving with undue care and attention). He was represented by barrister, Millicent Dooher, at the sentencing hearing. The Court accepted that this was the lowest category of careless driving and imposed 3 penalty points only and a fine. This driver already had penalty points
- [Convictions Quashed For 2x S.172 (Fail to Notify name of Driver) Offences.](https://sbcmotoringlaw.co.uk/cases/convictions-quashed-for-2x-s-172-fail-to-notify-name-of-driver-offences/) - This motorist, represented at his appeal hearing by Millicent Dooher, had been convicted of 2 offences of failing to provide driver information under s.172. 12 penalty points had been endorsed on his licence and he risked being a totter. At the appeal, it was established that the vehicle was a clone, and that the client
- [Exceptional Hardship Granted Following Mobile Telephone Offence](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-following-mobile-telephone-offence/) - Barrister, Millicent Dooher, represented this driver following a mobile telephone offence. Any mobile telephone offence carries 6 penalty points. The Driver already had 6 penalty points on his licence. The further penalty points meant he became a ‘totter’. Following submissions by Millicent, the Magistrates accepted that any disqualification would cause exceptional hardship. The Court did
- [Exceptional Hardship Appeal Allowed due to Child’s Sporting Activities.](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-appeal-allowed-due-to-childs-sporting-activities/) - This driver had received a 6 month disqualification from the Magistrates for ‘totting’. Millicent Dooher represented him at his appeal hearing at the Crown Court. Prior to the hearing, Millicent had obtained a suspension of the disqualification pending the appeal, so the driver could continue to drive. The driver claimed exceptional hardship on the basis
- [Driver escapes immediate custody after dangerous police chase](https://sbcmotoringlaw.co.uk/cases/driver-escapes-immediate-custody-after-dangerous-police-chase/) - This motorcyclist, represented by barrister Millicent Dooher, was charged with dangerous driving following a police chase which involved driving the wrong way down a one-way street, jumping red traffic lights and mounting the pavement where pedestrians were. The rider was also uninsured and unlicenced. Millicent Dooher represented the motorcyclist at his sentencing hearing. The Court
- [Driver Facing Second Disqualification in 10 Years](https://sbcmotoringlaw.co.uk/cases/driver-facing-second-disqualification-in-10-years/) - Millicent Dooher, barrister, represented this driver who had pleaded guilty to a charge of drink driving. There was an additional charge of no insurance which was withdrawn following discussions with the Prosecution. The driver faced a mandatory minimum disqualification of 36 months and up to a high level community order. The Magistrates’ accepted the mitigation
- [Drink driver 4 times over the legal limit escapes with 80-hour unpaid work requirement.](https://sbcmotoringlaw.co.uk/cases/drink-driver-4-times-over-the-legal-limit-escapes-with-80-hour-unpaid-work-requirement/) - This driver, represented by Millicent Dooher at his sentencing hearing before the Magistrates’ Court, pleaded guilty to an offence of driving whilst unfit through drink. The breath reading being almost 4 times the legal limit. Millicent was able to convince the Court to deal with the matter in one hearing, rather than create further expense
- [Appeal allowed in the Crown Court on 2x s.172 Charges, Saving Driver Her Licence.](https://sbcmotoringlaw.co.uk/cases/appeal-allowed-in-the-crown-court-on-2x-s-172-charges-saving-driver-her-licence/) - Millicent Dooher represented this driver who was appealing two s.172 convictions for failing to provide driver details. The driver contended that she was never served the notices requiring the response. The Judge allowed the appeal, accepting that the driver had not been served with the documentation. Any s.172 offence carries 6 penalty points and a
- [Driver caught doing 43mph in a 30mph zone receives £66.00 fine and 4 penalty points.](https://sbcmotoringlaw.co.uk/cases/driver-caught-doing-43mph-in-a-30mph-zone-receives-66-00-fine-and-4-penalty-points/) - This driver, represented before the Magistrates Court by Millicent Dooher, was found to be travelling at 43mph in a 30mph zone. This offence usually carries 4-6 penalty points or a 7–28-day disqualification. The Magistrates considered the mitigation put forwards by Millicent and agreed to deal with this matter by way of a £66.00 fine and
- [No Prison for Death by Careless](https://sbcmotoringlaw.co.uk/cases/no-prison-for-death-by-careless/) - This defendant, represented in the Magistrates Court by barrister, Harry Bowyer, rolled his car on the way back from the pub, killing his back seat passenger. There were no aggravating features and the defendant was in the bottom sentencing category. Under the new sentencing guidelines this still leaves a starting point of 26 weeks immediate
- [Successful Exceptional Hardship Argument After Two Cases Tied Together](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-argument-after-two-cases-tied-together/) - Laura Newton represented a driver who had been called to Court facing a totting up ban due to excess points on his Licence. We had initially been required to tie two cases in different traffic areas together, to give the driver an effective opportunity to present exceptional hardship. If the offences had been dealt with
- [3 Penalty Points for Driver Caught Doing 98mph in a 70mph Zone](https://sbcmotoringlaw.co.uk/cases/3-penalty-points-for-driver-caught-doing-98mph-in-a-70mph-zone/) - This driver was captured driving at a speed of 98mph in a 70mph zone. Written representations were made to the Court by Millicent Dooher, whereupon the Court imposed 3 penalty points and a fine for this speed. The usual guidelines for this offence suggest 4-6 penalty points or a 7–28-day disqualification. The imposition of 3
- [Non-regulation e-bike seller escapes with £465.00 fine for each offence](https://sbcmotoringlaw.co.uk/cases/non-regulation-e-bike-seller-escapes-with-465-00-fine-for-each-offence/) - Millicent Dooher represented this Company at their hearing before the Magistrates’ Court following 2 offences of selling non-regulation e-bikes. The allegations being that the bikes exceeded the maximum power output and speed allowed for road e-bikes. The Company had pleaded guilty to the offence, at the hearing, the Court considered the mitigation put forwards by
- [Successful Appeal to the Crown Court for Totter](https://sbcmotoringlaw.co.uk/cases/successful-appeal-to-the-crown-court-for-totter/) - This driver, represented by Millicent Dooher, had received a totting disqualification of 6 months having received more than 12 penalty points on his licence following a number of speeding offences. A suspension of the disqualification was obtained by Millicent in the first instance, so the client could continue to drive until the appeal hearing. At
- [Exceptional Hardship Application Allowed on Appeal to the Crown Court](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-application-allowed-on-appeal-to-the-crown-court/) - This appellant, represented at the Crown Court by barrister, Harry Bowyer, failed in an exceptional hardship application in the Magistrates' Court. The Bench of Magistrates was particularly hard nosed and refused to lift the disqualification pending appeal. SBC organised an expedited hearing for the appeal and the Judge and Justices allowed the exceptional hardship and
- [Successful s.172 Trial: No Notice Received by Defendant.](https://sbcmotoringlaw.co.uk/cases/successful-s-172-trial-no-notice-received-by-defendant/) - Millicent Dooher represented this motorist at the Magistrates’ Court following a charge of speeding and a charge of failing to provide driver information (under s.172). This driver contended that he did not receive the s.172 notice or the reminder notice. He could also demonstrate that his vehicle was not likely to be in the location
- [s.172 Charges Dropped Before Court Hearing](https://sbcmotoringlaw.co.uk/cases/s-172-charges-dropped-before-court-hearing/) - This car hire company was charged with failing to provide driver information. The company contended that they did not receive the initial s.172 notice requiring the driver to be identified and only received the reminder notice to which a response was made. Millicent Dooher made representation, and prior to the hearing, the Prosecution dropped the
- [Successful Exceptional Hardship: Loss of Voluntary Work](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-loss-of-voluntary-work/) - This driver, represented by Millicent Dooher at the Magistrates’ Court, had accrued 12 penalty points from 4 separate speeding offences. An exceptional hardship application was made by Millicent on the basis that the voluntary work undertaken by the driver would be lost due to the mandatory totting disqualification. The Magistrates accepted the submissions and imposed
- [3 Penalty Points and Conditional Discharge for Careless Driver.](https://sbcmotoringlaw.co.uk/cases/3-penalty-points-and-conditional-discharge-for-careless-driver/) - The driver, represented by Millicent Dooher, had been charged with driving without due care and attention and driving otherwise than in accordance with a licence. Millicent made submissions to the Magistrates with regards to sentence. The Magistrates accepted it was a low level motoring offence and dealt with the matter by way of penalty points
- [Exceptional Hardship Argument Saves Licence](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-argument-saves-licence/) - Laura Newton attended at the Magistrates’ Court in Derby to represent a driver facing a totting up disqualification for reaching 12 points. In preparing the case, we were able to gather evidence to present to the Court to show that a 6 month disqualification would cause exceptional hardship for him personally due to health matters,
- [New Driver escapes revocation with 7 day disqualification instead.](https://sbcmotoringlaw.co.uk/cases/new-driver-escapes-revocation-with-7-day-disqualification-instead/) - Millicent Dooher represented this driver at the Magistrate’s Court following a top bracket speeding offence. Top bracket speeding offences carry 6 penalty points or a disqualification. This driver was a new driver, having passed his test in the last 2 years. Any new driver with 6 penalty points on their licence will have their licence
- [‘Totter’ with 13 Penalty Points Avoids Disqualification Through Successful Exceptional Hardship Argument](https://sbcmotoringlaw.co.uk/cases/totter-with-13-penalty-points-avoids-disqualification/) - This driver, represented at the Magistrates’ Court by Millicent Dooher, had pleaded guilty to 4 speeding offences, totalling 13 penalty points. Following mitigation, the Court accepted that the driver would face exceptional hardship should any disqualification be imposed and as such imposed no period of disqualification for this driver. The law would normally impose a
- [Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument](https://sbcmotoringlaw.co.uk/cases/business-owner-avoids-disqualification-through-successful-exceptional-hardship-argument/) - Laura Newton acted for a driver before Harrogate Magistrates’ Court. The business owner was facing a totting up disqualification for excessive penalty points. Evidence was presented to the Court regarding the wider impact of the disqualification on the driver’s ability to run her business and care for her daughter as the sole parent. She also
- [No Insurance Dropped at Court - Driver Avoids Disqualification for Careless Driving Allowing Driver to Stay in Employment.](https://sbcmotoringlaw.co.uk/cases/careless-driving-dropped-at-court-allowing-driver-to-stay-in-employment/) - Laura Newton represented a driver facing prosecution for driving without insurance and careless driving, including allegations travelling at 80mph in 50mph area and cutting into a line of traffic. Careless driving usually carries a disqualification or up to 9 points. At the hearing, a detailed pre court conference took place. The No Insurance offence was
- [Car Driver Who Collided with Motorcycle and Failed to Stop & Report Retains Driving Licence](https://sbcmotoringlaw.co.uk/cases/car-driver-who-collided-with-motorcycle-and-failed-to-stop-report-retains-driving-licence/) - This driver, represented at the Magistrates’ Court by Millicent Dooher, was pleading guilty to failing to stop following an accident, failing to report an accident and driving without due care and attention after colliding with a motorcycle. Millicent convinced the Court to deal with it by way of a community order and the imposition of
- [Successful Appeal to the Crown Court: 6-month Disqualification Quashed due to Exceptional Hardship](https://sbcmotoringlaw.co.uk/cases/successful-appeal-to-the-crown-court-6-month-disqualification-quashed-due-to-exceptional-hardship/) - Millicent Dooher, barrister, represented this driver at his appeal hearing before the Crown Court following the imposition of a 6-month disqualification after accumulating more than 12 penalty points in 3 years, ‘totting’. The Court were persuaded that this driver would suffer exceptional hardship should the disqualification be reimposed and as such they imposed no period
- [Driver Avoids Custody/Community Sentence Following Conviction for Failing to Provide a Specimen](https://sbcmotoringlaw.co.uk/cases/driver-avoids-custody-community-sentence-following-conviction-for-failing-to-provide-a-specimen/) - Millicent Dooher represented this driver before the Magistrates at his sentencing hearing after a conviction of failing to provide a specimen. This offence can carry up to 26 weeks custody. After listening to the mitigation, the Magistrates agreed to deal with this offence by way of a fine. A mandatory disqualification was imposed but this
- [7-day Disqualification Instead of 6 month Starting Point Disqualification for Speeding Driver](https://sbcmotoringlaw.co.uk/cases/7-day-disqualification-instead-of-6-month-starting-point-disqualification-for-speeding-driver/) - This driver, represented by Millicent Dooher, was facing a 6-month disqualification having been convicted of 4 speeding offences. The client had accepted 2 speeding offences as fixed penalty notices, and two offences were before the Court. A discretionary disqualification was sought on the offences, to prevent the driver from ‘totting’ and incurring the mandatory 6-month
- [Successful s.172 Trial Where Driver, "Could Not Say Whether it was Him or His Wife Driving.](https://sbcmotoringlaw.co.uk/cases/successful-s-172-trial-where-driver-could-not-say-whether-it-was-him-or-his-wife-driving/) - Millicent Dooher represented this driver at the Magistrates’ Court. The driver was charged with a speeding offence and one offence of failing to provide driver details under s.172. The driver contended that he could not identify who was driving: it was either himself or his wife. The Magistrates accepted that the driver did make out
- [Private Hire Driver Wins on Appeal - TFL Pay Appellant's Costs!](https://sbcmotoringlaw.co.uk/cases/private-hire-driver-wins-on-appeal-tfl-pay-appellants-costs/) - Laura Newton was instructed by a Private Hire Driver, on appeal against TfL’s decision to revoke the PH Licence. The revocation came after a compliant via Uber passenger, referred to TfL, but not properly investigated. On appeal, the Court noted the shortcomings in the investigation and the impact this had caused to the driver pending
- [Driver who Committed Road Traffic Offence and Accumulated 12 points Keeps Licence.](https://sbcmotoringlaw.co.uk/cases/driver-who-committed-road-traffic-offence-and-accumulated-12-points-keeps-licence/) - This driver had a number of different offences, including speeding and other road traffic offences, all of which carried 3 penalty points each. The driver was represented before the Magistrates by Millicent Dooher. With 12 penalty points this driver should have been disqualified for 6 months, however Millicent was able to convince the Magistrates not
- [Hire Company Acquitted of Failure to Provide Driver Information Charge.](https://sbcmotoringlaw.co.uk/cases/hire-company-acquitted-of-failure-to-provide-driver-information-charge/) - This vehicle hiring company, represented by Millicent Dooher, was charged with failing to provide driver information to the police following a careless driving incident their vehicle was involved in. The Company claimed they had sent the response, but the Police had not received it. Having submitted the evidence, the prosecution offered no evidence at
- [s.172 charge Abandoned by Prosecution at Court](https://sbcmotoringlaw.co.uk/cases/s-172-charge-abandoned-by-prosecution-at-court/) - Millicent Dooher represented this vehicle hire company who were charged with failing to provide driver information to the police following an offence. The Company were able to produce evidence they had responded, and the prosecution offered no evidence at Court. Where a response is made to a s.172, it is always a good idea to
- [Driver Charged with Careless Driving and Excess speed Escapes with Short Disqualification for Speeding Offence Alone](https://sbcmotoringlaw.co.uk/cases/driver-charged-with-careless-driving-and-excess-speed-escapes-with-short-disqualification-for-speeding-offence-alone/) - This driver, represented by Millicent Dooher, was charged with careless driving and excess speed of over 100mph in a 50mph zone. Millicent was able to convince the prosecution to abandon the charge of careless driving and proceed on the speeding charge only. The speeding was accepted by the driver. The Magistrates felt they were required
- [TfL Private Hire Driver Wins Appeal Against Revocation of License Following Allegations of Fraud.](https://sbcmotoringlaw.co.uk/cases/tfl-private-hire-driver-wins-appeal-against-revocation-of-license-following-allegations-of-fraud/) - This Private Hire Driver, based in London, had his private hire licence revoked by TfL following an allegation of providing fraudulent insurance documents. The Magistrates’ heard the appeal and determined that the driver was a fit and proper person to hold a private hire licence and his private hire licence should be returned to him.
- [Company Director with 12 Penalty Points Receives no Disqualification Due to Impact any Disqualification Would Have on the Company](https://sbcmotoringlaw.co.uk/cases/company-director-with-12-penalty-points-receives-no-disqualification-due-to-impact-any-disqualification-would-have-on-the-company/) - Millicent Dooher represented this driver before the Magistrates following 4 speeding offences, all carrying 3 points, making this driver a ‘totter’. Any driver who received 12 or more penalty points in 3 years is a totter and faces a mandatory disqualification of 6 months minimum. Millicent was able to persuade the Magistrates that exceptional hardship
- [Failure to Provide a Specimen Following an Accident whilst Twice the Legal Limit - Dealt with by Fine not Community Order](https://sbcmotoringlaw.co.uk/cases/failure-to-provide-a-specimen-following-an-accident-whilst-twice-the-legal-limit-dealt-with-by-fine-not-community-order/) - This driver, represented by Millicent Dooher, was required to provide a breath sample following her car coming off the road. The driver attempted to provide the sample but did not produce a full sample. The attempts showed alcohol levels of over twice the legal limit. Millicent was able to make representations before the Magistrates and
- [New Driver with 6 Penalty Points in First 2 years Keeps Licence on Appeal to Crown Court.](https://sbcmotoringlaw.co.uk/cases/new-driver-with-6-penalty-points-in-first-2-years-keeps-licence-on-appeal-to-crown-court/) - This driver received 6 penalty points on his licence in his absence following being caught speeding. Under the new driver legislation, any driver who accumulates 6 points within the first two years of driving, the licence is revoked. This driver appealed the decision to the Crown Court and was represented by Millicent Dooher. Prior to
- [Exceptional Hardship Application Granted for Driver who Accrued 37 Penalty Points.](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-application-granted-for-driver-who-accrued-37-penalty-points/) - Millicent Dooher, barrister, represented this driver before the Magistrates Court following a number of speeding offences. Ultimately the Magistrates imposed penalty points on the driver’s licence, totalling 37 penalty points. An application for exceptional hardship was put before the Magistrates, with the request for a short ban, rather than the mandatory 6 month ‘totting’ ban.
- [Magistrates Persuaded to Sentence on Defendant's Version of Facts - Case Dealt with by Way of Conditional Discharge!](https://sbcmotoringlaw.co.uk/cases/magistrates-persuaded-to-sentence-on-defendants-version-of-facts-case-dealt-with-by-way-of-conditional-discharge/) - This defendant was charged with assault by beating and criminal damage and represented before the Magistrates by barrister Millicent Dooher. A guilty plea was entered on a basis of plea in that contact was only made with the Complainant’s camcorder and not the directly with the Complainant. This was rejected by the Prosecution but accepted
- [Driver Receives Discretionary 35 Day Disqualification Instead of 12 month Disqualification Following a Number of Endorsable Offences.](https://sbcmotoringlaw.co.uk/cases/driver-receives-discretionary-35-day-disqualification-instead-of-12-month-disqualification-following-a-number-of-endorsable-offences/) - This driver, who had 9 penalty points on his licence, faced a further endorsement of 6 penalty points for tyre offences and a financial penalty for no MOT. He was also serving a 12-month disqualification for drug driving. Millicent Dooher, barrister, represented this driver before the Magistrates. Where any driver accumulates 12 or more penalty
- ["Boy Racer" accused of Dangerous Driving Acquitted by Jury](https://sbcmotoringlaw.co.uk/cases/boy-racer-accused-of-dangerous-driving-acquitted-by-jury/) - This motorist, represented by Barrister Harry Bowyer was charged on an indictment, alongside with three others, on a single count of dangerous driving. The allegation was that they had been seen by police racing along the A38 at speeds of over 100mph. The driving complained of lasted less than 2 minutes and the police had
- [Driving Without Due Care - Driver escapes with only 4 penalty points.](https://sbcmotoringlaw.co.uk/cases/driving-without-due-care-driver-escapes-with-only-4-penalty-points/) - This driver, represented before the Magistrates by barrister Millicent Dooher, was facing up to 9 penalty points or a disqualification following the offence of careless driving (without due care and attention). As this offence occurred within the first 2 years that this driver has held a licence, 6 or more penalty points would have caused
- [Successful s.172 trial: Unable to identify driver between husband or wife.](https://sbcmotoringlaw.co.uk/cases/successful-s-172-trial-unable-to-identify-driver-between-husband-or-wife/) - Millicent Dooher represented this client at their Magistrates Court trial for failing to identify the driver of a vehicle following a speeding offence. The defence for this charge is whether the recipient has acted with reasonable diligence in ascertaining the identity of the driver and providing it to the police. In this instance, the client
- [Drink Driver over 4 Times the Limit Avoids Immediate Custody](https://sbcmotoringlaw.co.uk/cases/drink-driver-over-4-times-the-limit-avoids-immediate-custody/) - Millicent Dooher, barrister, represented this driver at his sentencing hearing following an offence of drink driving. With such a high reading, the starting point is immediate custody. Millicent was able to convince the Magistrates not to impose immediate custody due to the mitigating factors, including the work the driver had independently undertaken to address the
- [Driver with 14 Penalty Points Avoids Disqualification](https://sbcmotoringlaw.co.uk/cases/driver-with-14-penalty-points-avoids-disqualification/) - This driver, who at the time of the last offence had 9 penalty points endorsed upon his licence, was before the Court for a further driving offence, carrying a mandatory 4-6 penalty points or 7–28 day disqualification. This driver was represented at the Magistrates Court by barrister, Millicent Dooher. The Driver could not afford any
- [Professional Driver Retains Licence Despite Being a Totter](https://sbcmotoringlaw.co.uk/cases/professional-driver-retains-licence-despite-being-a-totter/) - This driver was represented by Helen Newbold in the Magistrates’ court where he was facing a disqualification of his licence after pleading guilty to a speeding offence. With 9 points on his licence at the time of the offence this driver faced automatic disqualification under the totting rules for accumulating a total of 12 points.
- [HGV Operator with 12 Penalty Points for Speeding Gets No Disqualification.](https://sbcmotoringlaw.co.uk/cases/hgv-operator-with-12-penalty-points-for-speeding-gets-no-disqualification/) - This driver, who is also an operator of HGVs, was represented at the Magistrates’ Court by barrister, Millicent Dooher following 4 offences of speeding amounting to 12 penalty points. With 12 penalty points, the starting point is a mandatory 6-month disqualification from driving. Millicent was able to make a successful exceptional hardship application, ensuring no
- [Speeding Totter Avoids 6 Month Ban with Short Disqualification](https://sbcmotoringlaw.co.uk/cases/speeding-totter-avoids-6-month-ban-with-short-disqualification/) - Millicent Dooher, barrister, represented this car driver following a speeding offence, where the driver was recorded as travelling at 86-mph in a 50-mph restricted zone. This could carry a sentence of up to 56 days driving disqualification, or 6 penalty points. This driver already had 6 penalty points endorsed upon his licence and 6 further
- [Successful Special Reasons Hearing - No Points, No Fine and No Prosecution Costs Payable.](https://sbcmotoringlaw.co.uk/cases/successful-special-reasons-hearing-no-points-no-fine-and-no-prosecution-costs-payable/) - Millicent Dooher, barrister, represented this client at the special reasons hearing following a speeding offence where the driver's speedometer was showing a faulty reading. Millicent was able to prove that the speedometer was faulty and persuade the Magistrates to deal with this by way of absolute discharge. This meant the driver received no penalty points,
- [Company Director Escapes Endorsement by Amendment of Charge After Failing to Provide Driver Information](https://sbcmotoringlaw.co.uk/cases/company-director-escapes-endorsement-by-amendment-of-charge-after-failing-to-provide-driver-information/) - This Company Director was before the Magistrates’ Court following 2 charges of failing to provide driver details following speeding offences committed in his Company vehicles (under s.172 Road Traffic Act 1988). Each offence carries 6 penalty points and a fine, making him a ‘totter’ and putting his Company out of business. Millicent Dooher, barrister, represented
- [Totter with 12 Penalty Points Avoids Disqualification with Exceptional Hardship Application](https://sbcmotoringlaw.co.uk/cases/totter-with-12-penalty-points-avoids-disqualification-with-exceptional-hardship-application/) - Millicent Dooher, barrister, represented this driver at an exceptional hardship hearing before the Magistrates. This driver had accrued 12 penalty points following 4 speeding offences and risked being a ‘totter’ with a mandatory 6 month disqualification. Millicent was able to persuade the Magistrates to find exceptional hardship in this instance and impose no period of
- [Failure to Provide Driver Details: Found Not Guilty at Court](https://sbcmotoringlaw.co.uk/cases/failure-to-provide-driver-details-found-not-guilty-at-court/) - Following a charge of failure to provide driver details under s.172 Road Traffic Act 1988, this vehicle owner, represented by barrister Millicent Dooher, successfully disputed the charge at Court and was found Not Guilty. Millicent was able to persuade the Court that despite the Notice being sent, it had never been delivered to the Defendant,
- [Driver with 15 Penalty Points Avoids Any Period of disqualification](https://sbcmotoringlaw.co.uk/cases/driver-with-15-penalty-points-avoids-any-period-of-disqualification/) - This driver/company director, represented by Millicent Dooher, barrister, faced disqualification having accumulated 15 penalty points on his driving licence. Following representations made before the Magistrates’ Court, Millicent was able to persuade the Magistrates to find exceptional hardship in this instance, specifically due to the implications a disqualification would have on the Driver’s Company and his
- [Careless Driver Avoids Disqualification](https://sbcmotoringlaw.co.uk/cases/careless-driver-avoids-disqualification/) - Motoring lawyer Laura Newton represented a driver before the Magistrates' Court, facing a charge of careless driving. The driver had been witnessed by police aggressively weaving in and out of traffic and travelling at excess speed. The case had begun in the Single Justice Procedure Court but adjourned as the Court was considering disqualification. At
- [Exceptional Hardship Found for Driver with 18 penalty points.](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-granted-for-driver-with-18-penalty-points/) - This driver, represented by barrister, Millicent Dooher, was summoned before the Magistrates’ Court following 6 speeding offences, and as such risked becoming a ‘totter’. Millicent successfully put forwards an argument of exceptional hardship, meaning the Driver was not disqualified at all, despite a total of 18 penalty points being endorsed on his driving licence.
- [130mph Speeding Offence Dealt with by Penalty Points.](https://sbcmotoringlaw.co.uk/cases/130mph-speeding-offence-dealt-with-by-penalty-points/) - This driver was prosecuted for exceeding the speed limit, recorded at a speed of 130mph. Millicent Dooher, barrister, represented this driver at the Magistrates’ Court. Millicent was able to successful persuade the Court to deal with this matter by way of penalty points where the guidelines would suggest a 56+ day disqualification as a starting
- [LGV Driver Facing a 6 Months’ Disqualification Keeps Licence  After Successful Exceptional Hardship Argument](https://sbcmotoringlaw.co.uk/cases/lgv-driver-facing-a-6-months-disqualification-keeps-licence-after-successful-exceptional-hardship-argument/) - An LGV driver appeared before the Magistrates’ Court facing a 6 months’ disqualification as a “totter” after acquiring 12 penalty points to their licence. Represented by Lisa Lyden-Cowan, the driver gave evidence to the Magistrates of the effect such a disqualification would have. In this case the Magistrates found exceptional hardship meaning the driver was
- [Drunk Driver Avoids Custodial Sentence after Blowing in Excess of 4 Times the Legal Limit.](https://sbcmotoringlaw.co.uk/cases/drunk-driver-avoids-custodial-sentence-after-blowing-in-excess-of-4-times-the-legal-limit/) - Barrister Helen Newbold represented this driver after they were reported to the police for drink driving after a minor traffic collision. Having blown a sample of breath well in excess of 4 times the legal limit the driver was under no illusion that the starting point for sentencing in the court was 26 weeks imprisonment.
- [Driver Avoids 6 Penalty Points for Failing to Provide Information](https://sbcmotoringlaw.co.uk/cases/driver-avoids-6-penalty-points-for-failing-to-provide-information/) - Barrister Helen Newbold represented this driver in the Magistrates’ Court where he was facing 9 penalty points for a speeding offence and for failing to provide information about the driver. This driver was doubled manned in a company vehicle when the vehicle was caught speeding on an ANPR camera. As the key holder for the
- [Short Ban Wipes all Penalty Points and Ensures HGV Driver’s Job is Maintained](https://sbcmotoringlaw.co.uk/cases/short-ban-wipes-all-penalty-points-and-ensures-hgv-drivers-job-is-maintained/) - This HGV driver, having accumulated 12 penalty points for speeding offences, risked a 6-month disqualification as a ‘totter’. He was represented by Millicent Dooher, barrister, at his hearing before the Magistrates Court. Having been advised on all the options, this driver had hoped the Magistrates would impose a shorter period of disqualification, rather than no
- [Driver caught at 123mph avoids disqualification](https://sbcmotoringlaw.co.uk/cases/driver-caught-at-123mph-avoids-disqualification/) - Laura Newton, specialist motoring solicitor, represented a driver who appeared before Bridlington Magistrates' Court, having pleaded guilty to speeding at 123mph. The prosecution began by Single Justice Procedure Notice, but the Court had required the driver's attendance as it was considering a disqualification. At this speed, the Sentencing Court Guidelines indicate that a substantial disqualification
- [Absolute Discharge for Driver facing Disqualification for Totting - Successful Special Reasons Argument](https://sbcmotoringlaw.co.uk/cases/absolute-discharge-for-driver-facing-disqualification-for-totting-successful-special-reasons-argument/) - This driver, represented by barrister Helen Newbold, appeared in front of the Magistrates' court for a speeding offence. As she had already accumulated 9 points on her licence a further 3 points would have made her a totter and subject to a 6 month disqualification. Setting out the requirements of a special reasons application (Medical
- [Driver in Police Chase Avoids Prison](https://sbcmotoringlaw.co.uk/cases/driver-in-police-chase-avoids-prison/) - The driver in this case, represented in the Crown Court by Barrister Harry Bowyer, was charged with dangerous driving, failure to provide a specimen and possession of a controlled drug of class A. The charges arose out of a police chase where it was alleged that he drove at speeds of over 90mph in a
- [HGV driver avoids penalty points with 14 day ban instead](https://sbcmotoringlaw.co.uk/cases/hgv-driver-avoids-penalty-points-with-14-day-ban-instead/) - This driver was represented by barrister, Millicent Dooher at the Magistrates’ Court following his third speeding offence. This Driver was an HGV driver and would have lost his employment if any more than 6 penalty points were endorsed on his driving licence. The Magistrates were convinced, following representations, to deal with this speeding offence by
- [Successful Exceptional Hardship application for HGV driver](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-application-for-hgv-driver/) - Following a speeding offence in an HGV, this Driver faced being a ‘totter’ with 12 penalty points on his driving licence and a 6-month driving disqualification. The Driver was represented at the Magistrates’ Court by barrister Millicent Dooher, who was able to convince the Magistrates to impose a short ban following a successful exceptional hardship
- [Another Driver Avoids Disqualification for Totting after Successful Exceptional Hardship Argument](https://sbcmotoringlaw.co.uk/cases/another-driver-avoids-disqualification-for-totting-after-successful-exceptional-hardship-argument/) - Barrister Helen Newbold represented this driver who was facing two speeding offences whilst already having 6 points on her licence for an offence with a mobile phone; the potential sentence was a 6-month disqualification for “totting”. Having mitigated on the offences themselves Helen Newbold then successfully made an application for exceptional hardship based on work
- [4 Speeding Offences Within a Month - Magistrates Persuaded to Disqualify for One Month Rather than Six](https://sbcmotoringlaw.co.uk/cases/4-speeding-offences-within-a-month-magistrates-persuaded-to-disqualify-for-one-month-rather-than-six/) - Having accrued 4 speeding offences in the space of 1 month, this driver was facing a 6-month disqualification as a ‘totter’. The Driver was represented by barrister, Millicent Dooher, at the Magistrates’ Court in Nottingham, where the Magistrates’ were persuaded to impose a 1-month disqualification, after which no penalty points would be endorsed upon the
- [Another Exceptional Hardship Success - Driver Avoids 6 Month Ban](https://sbcmotoringlaw.co.uk/cases/another-exceptional-hardship-success-driver-avoids-6-month-ban/) - Our barrister represented a driver facing a 6 month totting up disqualification, which was due to be imposed for reach 12 penalty points on his Licence. The speeding offence was dealt with a Nottingham Magistrates' Court and our motoring lawyer Millicent Dooher presented the driver's circumstances including the fact that he would lose his employment
- [14 day driving disqualification instead of 6 months (Already had an Exceptional Hardship Argument in the Last Three Years!)](https://sbcmotoringlaw.co.uk/cases/14-day-driving-disqualification-instead-of-6-months-already-had-an-exceptional-hardship-argument-in-the-last-three-years/) - Following a 4th speeding offence and a previous exceptional hardship application, this Driver faced a 6-month disqualification on the ‘totting up’ provisions. Millicent Dooher, barrister, represented this Driver before the Magistrates and persuaded them to impose a short 2-week ban rather than the 6-month disqualification. No penalty points were endorsed upon his driving licence.
- [CPS Drop Careless Driving and Fail to Stop - Driver Pleads to Speeding at 104mph - Keeps Licence.](https://sbcmotoringlaw.co.uk/cases/cps-drop-careless-driving-and-fail-to-stop-driver-pleads-to-speeding-at-104mph-keeps-licence/) - This driver, represented by barrister Harry Bowyer, was stopped by police on the A1 having been clocked at 104 mph. The officer was particularly zealous and reported the driver for careless driving and failing to stop on the same evidence. He also impounded the driver's car! When we got the video it was quite apparent
- [Driver Avoids Totting Up Disqualification Due to Caring Responsibilities](https://sbcmotoringlaw.co.uk/cases/driver-avoids-totting-up-disqualification-due-to-caring-responsibilities/) - Laura Newton, our solicitor dealing with motoring offences, represented a driver before Mansfield Magistrates' Court who was being sentenced for driving using a mobile phone. this offence carries 6 points and the driver had 9 points on his Licence for speeding. The driver had been notified by Court letter that he must attend for a
- [Driver With 24 Points Avoids Disqualification](https://sbcmotoringlaw.co.uk/cases/driver-with-24-points-avoids-disqualification/) - Our motoring solicitor Laura Newton represented a driver before Nottingham Magistrates' Court who faced sentence for a number of driving offences. He already had 9 points endorsed on his licence and had been prosecuted for further speeding offences and red light offences. The cases had been linked to be dealt with as a single hearing
- [CPS Offer No Evidence in Dangerous Driving Case](https://sbcmotoringlaw.co.uk/cases/cps-offer-no-evidence-in-dangerous-driving-case/) - The defendant, represented by barrister Harry Bowyer, was charged with dangerous driving arising out of a police chase. The defendant denied being the driver. The evidence against him relied upon an "identification" by a police officer who purported to identify the defendant as the driver as the van passed his police car on the opposite
- [Exceptional Hardship - Totter Keeps Licence](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-totter-keeps-licence/) - Following a speeding offence and an offence of no insurance, this driver was faced with being a ‘totter’ with 12 penalty points to be endorsed on his licence. Following an application for exceptional hardship by barrister Millicent Dooher, this driver was able to avoid any period of disqualification.
- [Exceptional Hardship - LGV Driver Escapes Disqualification.](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-lgv-driver-escapes-disqualification/) - This driver was represented by Barrister Millicent Dooher. The driver was in possession of 9 penalty points on his driving licence and was facing an additional 3 points and a disqualification for being a ‘totter’ with 12 penalty points. As this driver was a professional driver of LGVs it was imperative that he was not
- [Exceptional Hardship - Disqualification Cut to 1 Month](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-disqualification-cut-to-1-month/) - Barrister, Millicent Dooher represented this driver who had 9 penalty points on his driving licence and was faced with an additional 10-12 points following 3 additional driving offences. Millicent Dooher was able to convince the Magistrates’ to impose a 1-month disqualification instead of a 6-month disqualification. No penalty points were endorsed on this drivers licence.
- [Exceptional Hardship - Totter escapes mandatory disqualification](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-totter-escapes-mandatory-disqualification/) - Millicent Dooher, Barrister, represented this driver who faced 12 penalty points on his driving licence following 4 speeding offences. An application for exceptional hardship was put forwards on behalf of the driver. This was accepted by the Magistrates’ and the 6-month mandatory disqualification was not imposed.
- [Exceptional Hardship - Licence Kept with 19 Endorsed Penalty Points](https://sbcmotoringlaw.co.uk/cases/exceptional-hardship-licence-kept-with-19-endorsed-penalty-points/) - Millicent Dooher, Barrister, represented this driver who was in possession of 9 penalty points and facing an additional 10-12 penalty points for 3 further speeding offences. Despite endorsing the driver’s licence with an additional 10 penalty points, the Magistrates’ were convinced not to disqualify the driver at all due to a successful exceptional hardship application.
- [Saturday Court Success](https://sbcmotoringlaw.co.uk/cases/saturday-court-success/) - In order to clear the backlog of Magistrates' Courts work, there are now motoring Courts running most Saturdays at a number of locations to deal with drivers who face prosecution for motoring offences. We have represented drivers each weekend for a number of months. Most recently, our barrister attended at York Magistrates' Court to represent
- [Conviction Re-Opened and Case Dropped By Prosecution](https://sbcmotoringlaw.co.uk/cases/conviction-re-opened-and-case-dropped-by-prosecution/) - Our client instructed us after receiving notice of a fine and 6 points on his Licence for an offence of Failing to Identify a Driver, following service of a Notice of Intended Prosecution. There had been a number of administrative issues - the plea to the Single Justice Procedure Notice had not been received by
- [Driver Has Disqualification Overturned On Appeal](https://sbcmotoringlaw.co.uk/cases/driver-has-disqualification-overturned-on-appeal/) - We represented a driver on Appeal at Bristol Crown Court. He had previously attended at the Magistrates' Court for sentence relating to a fourth speeding offence, taking him to 12 points on his Licence. The Court had refused to find Exceptional Hardship and imposed a six month ban. Upon taking instructions for the appeal, our solicitor
- [Another Successful Exceptional Hardship Argument!](https://sbcmotoringlaw.co.uk/cases/another-successful-exceptional-hardship-argument/) - Millicent Dooher, barrister, represented this client in the Magistrates’ Court following his 4th speeding offence. The driver was in possession of 9 penalty points and this offence would have brought him up to 12 penalty points and a disqualification. The exceptional hardship argument put forwards was accepted by the Magistrates’ and the driver was not
- [Successful Exceptional Hardship Argument in Magistrates Court for Totter](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-argument-in-magistrates-court-for-totter/) - This client was represented by Millicent Dooher, barrister, at his sentencing hearing in the Magistrates Court. He was in possession of 9pp at the time of the speeding offence for which he was due to be sentenced and not withstanding the passage of time which reduced his points down to 6 he was at risk
- [Silly String Obscures Speed Sign - Special Reasons - No Points Imposed](https://sbcmotoringlaw.co.uk/cases/silly-string-obscures-speed-sign-special-reasons-no-points-imposed/) - Motoring Solicitor Laura Newton represented a driver who had missed a change in speed limit due to the sign being obscured by silly string and inadvertently exceeded the limit by 20mph. He was required to attend Court under the Single Justice Procedure as the speed to was too high to be dealt with by Fixed
- [Drink Drive Prosecution Withdrawn - Post Driving Consumption](https://sbcmotoringlaw.co.uk/cases/drink-drive-prosecution-withdrawn-post-driving-consumption/) - Our Motoring Solicitor Laura Newton was instructed to act for a driver who was charged with a drink drive offence. His vehicle had been found abandoned following an accident on an icy country lane. There were no other vehicles or people involved. Police traced the registered keeper of the vehicle and attended at his address
- [Driving in a Car Park with Excess Alcohol - Public or Private Road? Prosecution Withdrawn](https://sbcmotoringlaw.co.uk/cases/driving-in-a-car-park-with-excess-alcohol-public-or-private-road-prosecution-withdrawn/) - Laura Newton, motoring defence solicitor, was instructed to act for a driver who had given a very high alcohol breath reading after being involved in a RTA in his work car park. She was able to make arguments to the prosecution showing that the car park was not a public place and therefore the driver
- [Aquittal following Speeding and Failing to Identify a Driver Prosecution](https://sbcmotoringlaw.co.uk/cases/aquittal-following-speeding-and-failing-to-identify-a-driver-prosecution/) - Laura Newton, motoring solicitor, represented a driver who had been served with a Notice of Intended Prosecution following an allegation of speeding. He recalled that both he and his wife had shared the driving on that particular journey and neither could recall who was driving at that the time. They were advised by Laura not
- [Charitable Driver Keeps Taxi Licence on Appeal](https://sbcmotoringlaw.co.uk/cases/charitable-driver-keeps-taxi-licence-on-appeal/) - Laura Newton, motoring solicitor, represented a Taxi Licence holder on appeal at Derby Magistrates' Court. The driver, who is well known for his charity work throughout Derby, had been picked up by two speed cameras whilst driving home to assist his wife who needed urgent medical treatment. The Licencing Committee had previously revoked his Taxi
- [New Driver Escapes Revocation](https://sbcmotoringlaw.co.uk/cases/new-driver-escapes-revocation/) - Motoring solicitor Laura Newton represented a New Driver, who had held his licence for less than 2 years. He had found himself driving without insurance and would ordinarily have received 6 points on his Licence. As a New Driver his licence would have been revoked. The implications would include losing his employment and having to
- [Van Driver Not Guilty Of Causing Death By Dangerous Driving](https://sbcmotoringlaw.co.uk/cases/van-driver-not-guilty-of-causing-death-by-dangerous-driving/) - An extremely sad case where this driver, represented by Harry Bowyer, hit and killed a 42 year old woman who was riding an electric bicycle home from work in the early hours of the morning. The van driver, also returning from work, was driving within the speed limit, on his own side of the road
- [HGV Driver Sentenced for Causing Death by Dangerous Driving](https://sbcmotoringlaw.co.uk/cases/hgv-driver-sentenced-for-causing-death-by-dangerous-driving/) - This HGV driver, represented at the Crown Court by barrister Harry Bowyer, had collided with a queue of stationary cars killing one driver and injuring others. He had been on the telephone at the time and also faced further counts relating to “card pulling” and other driver’s hours infringements. This case was managed by the
- [Good Result for Lorry Driver Prosecuted for Careless Driving](https://sbcmotoringlaw.co.uk/cases/good-result-for-lorry-driver-prosecuted-for-careless-driving/) - This lorry driver had been involved in a road traffic collision on a major UK motorway. Whilst driving his HGV, he had failed to notice another car which had merged on to the motorway into his blindspot. This resulted in a collision between the two vehicles, and the prosecution of the HGV driver for careless
- [Truck Driver Found Not Guilty of Mobile Phone Offence](https://sbcmotoringlaw.co.uk/cases/truck-driver-found-not-guilty-of-mobile-phone-offence/) - A Lorry driver was summonsed to the Magistrates Court after a police officer alleged that he had been seen using a mobile phone behind the wheel The Lorry driver denied the offence and instructed SBC to defend him at trial. If found guilty he would have faced 6 points, a fine, and a potential trip to
- [Truck Driver Avoids Court following Dangerous Driving Allegation](https://sbcmotoringlaw.co.uk/cases/truck-driver-avoids-court-following-dangerous-driving-allegation/) - SBC represented an HGV driver involved in a three-vehicle motorway collision. The police decided to interview the driver under caution on suspicion of dangerous driving. SBC was able to get access to the CCTV footage of the incident prior to the police interview and advise the HGV driver accordingly. A solicitor was present with the
- [Devon Freewheelers Blood Bike Volunteer Acquitted On All Charges](https://sbcmotoringlaw.co.uk/cases/devon-freewheelers-blood-bike-volunteer-acquitted-on-all-charges/) - A volunteer riding for the Devon Freewheelers (DFW), represented at court by barrister Harry Bowyer, was stopped by an Officer of the Devon and Cornwall Police whilst transporting surgical instruments urgently required by the Nuffield Hospital. He was charged with speeding and riding a vehicle fitted with sirens. The Officer seems to have had an
- [Jury Returns Not Guilty Verdicts to Two Counts of Causing Death by Dangerous Driving](https://sbcmotoringlaw.co.uk/cases/jury-returns-not-guilty-verdicts-to-two-counts-of-causing-death-by-dangerous-driving/) - Harry Bowyer was instructed on behalf of a driver who turned right into a side road into the path of a motorcycle that he had not seen. The rider and his pillion both died of their injuries. Guilty pleas were offered from the beginning to causing death by careless driving as, in any view, the
- [Cannabis Smoking Truck Driver Keeps Licence After Appeal to the Crown Court.](https://sbcmotoringlaw.co.uk/cases/cannabis-smoking-truck-driver-keeps-licence-after-appeal-to-the-crown-court/) - This driver, represented in the Crown Court by Barrister Harry Bowyer (SBC did not act in the Magistrates’ Court), appealed his disqualification for Drug Driving. He had given a ride to a friend who had offered him roll up cigarettes on their journey down south. The driver accepted the cigarettes and having smoked a couple
- [Driver Escapes Immediate Custody for Causing Serious Injury by Dangerous Driving ](https://sbcmotoringlaw.co.uk/cases/driver-escapes-immediate-custody-for-causing-serious-injury-by-dangerous-driving/) - Harry Bowyer was instructed in this manner by a highly regarded firm of Motoring Lawyers to mitigate for one of their clients who had been found guilty of Causing Serious Injury by Dangerous Driving and had lost confidence in the trial advocate. The facts of the matter were quite straight forward in that the defendant
- [Speed Camera at Fault or Human Error?](https://sbcmotoringlaw.co.uk/cases/speed-camera-at-fault-or-human-error/) - Martin Smith, motoring solicitor, represented the driver of a lorry who faced a very serious allegation of speeding. A "Safer Roads" Enforcement Officer had looked at photographic evidence and had come to the conclusion that the lorry had been driven at a speed of 67 mph in a 40 mph limit on a motorway. The
- [Driver Alleged to be Travelling at 100mph Found Not Guilty of Careless Driving - Sentence 3 Penalty Points and a Band A Fine for Speeding.](https://sbcmotoringlaw.co.uk/cases/driver-alleged-to-be-travelling-at-100mph-found-not-guilty-of-careless-driving-sentence-3-penalty-points-and-a-band-a-fine-for-speeding/) - Harry Bowyer represented this motorist who the police alleged was travelling at speeds of up to 100mph. The police officers had conspicuously failed to follow the procedure laid down in the NPCC guide for conducting a follow check. After a trial, where the officers were extensively cross examined as to the procedures that they should
- [Driver Looking at Disqualification for Totting Receives 6 points and keeps licence](https://sbcmotoringlaw.co.uk/cases/driver-looking-at-disqualification-for-totting-receives-6-points-and-keeps-licence/) - This driver represented by barrister Helen Newbold, was facing up to 18 points for four driving related offences. With the loss of his licence the loss his employment a very real possibility. After taking advice from Helen Newbold, the driver entered guilty pleas. Helen then entered into discussions with the prosecutor, prior to the hearing,
- [Successful Exceptional Hardship Argument - Driver Keeps Licence.](https://sbcmotoringlaw.co.uk/cases/successful-exceptional-hardship-argument-driver-keeps-licence/) - This lorry driver was reported for his 4th SP 30 offence which would have inevitably brought him up to 12 penalty points and disqualification. Using our knowledge of transport operations, including the many thousands of kilometres over an average driver clocked up by a tramping HGV driver, we were able to mount an Exceptional Hardship
- [Careless Driving Not Far Short of Dangerous Driving – Truck Driver Keeps his Licence](https://sbcmotoringlaw.co.uk/cases/careless-driving-not-far-short-of-dangerous-driving-truck-driver-keeps-his-licence/) - Helen Newbold, barrister, represented this driver in the Magistrates’ Court where he pleaded guilty to a charge of careless driving. The prosecution produced CCTV of his truck hitting one car causing it to smash into another, writing both vehicles off and causing significant injuries to the drivers. The Prosecution described the incident as occurring in

## Slides

- [Smith Bowyer Clarke Road Transport Lawyers](https://sbcmotoringlaw.co.uk/slide/smith-bowyer-clarke-road-transport-lawyers/) - Expert Motoring Defence and Road Transport Lawyers Representing Drivers Across the UK
- [Smith Bowyer Clarke Road Transport Lawyers](https://sbcmotoringlaw.co.uk/slide/smith-bowyer-clarke-road-transport-lawyers-2/) - Expert Motoring Defence and Road Transport Lawyers Representing Drivers Across the UK
- [Smith Bowyer Clarke Road Transport Lawyers](https://sbcmotoringlaw.co.uk/slide/smith-bowyer-clarke-road-transport-lawyers-3/) - Expert Motoring Defence and Road Transport Lawyers Representing Drivers Across the UK

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