Archive: Magistrates Court
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 […]
s.172 Charge Withdrawn on Day of Trial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, […]
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 […]
s.172- Failing to Provide Driver Details, Withdrawn Before Trial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 […]
