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

“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 His Private Hire Driver Licence (PCO Licence) was revoked and he instructed SBC to appeal.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 […]

Magistrates Court Comments Off on “Touting” Private Hire Driver Wins Appeal In Magistrates’ Court
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 […]

Magistrates Court Comments Off on Exceptional Hardship Argument Successful – Driver Keeps Licence
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 […]

Magistrates Court Comments Off on Two Speeding Offences One Set of Points!
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 […]

Magistrates Court Comments Off on No Ban for Drunk in Charge
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 […]

Magistrates Court Comments Off on Successful Exceptional Hardship Argument
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 […]

Magistrates Court Comments Off on Prosecution Offer No Evidence Following s.172 Charge for Failing to Provide Driver Details
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 […]

Magistrates Court Comments Off on Exceptional Hardship Granted for Caring Responsibilities to Cousin.
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, […]

Magistrates Court Comments Off on s.172 Charge Withdrawn on Day of Trial
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 […]

Magistrates Court Comments Off on Poor Police Evidence Leads to Prosecution Offering No Evidence on Day of Trial for Mobile Phone Offence.
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 […]

Magistrates Court Comments Off on s.172- Failing to Provide Driver Details, Withdrawn Before Trial

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