Magistrates Court | Smith Bowyer Clarke - Part 2

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Magistrates Court

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 […]

Magistrates Court Comments Off on Exceptional Hardship Argument Succeeds for Carer Husband
Speeding Offence Withdrawn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 […]

Magistrates Court Comments Off on Speeding Offence Withdrawn
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 […]

Magistrates Court Comments Off on Exceptional Hardship Granted for Motorist Who Relied on His Vehicle For Work and Caring Responsibilities
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 […]

Magistrates Court Comments Off on Proceedings Reopened and Disqualification Avoided
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 […]

Magistrates Court Comments Off on New Driver Disqualified Rather than Revoked.
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 […]

Magistrates Court Comments Off on Disqualification set aside and Exceptional Hardship granted for driver following no insurance offence
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.

Magistrates Court Comments Off on 106mph Speeding Offence – Driver Avoids Disqualification
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 […]

Magistrates Court Comments Off on Exceptional Hardship Granted Following Mobile Telephone Offence
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 […]

Magistrates Court Comments Off on Convictions Quashed For 2x S.172 (Fail to Notify name of Driver) Offences.
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, […]

Magistrates Court Comments Off on Drink driver 4 times over the legal limit escapes with 80-hour unpaid work requirement.

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