Archive: Magistrates Court
s.172- Failing to Provide Driver Details, Withdrawn Before Trial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 […]
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 […]
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 […]
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 […]
Prosecution Withdrawn for Failure to Notify a Driver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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
