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

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.
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 […]

Magistrates Court Comments Off on 3 Penalty Points for Careless driving
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. […]

Magistrates Court Comments Off on Driver Facing Second Disqualification in 10 Years
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 […]

Magistrates Court Comments Off on Appeal allowed in the Crown Court on 2x s.172 Charges, Saving Driver Her Licence.

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