Magistrates Court | Smith Bowyer Clarke - Part 3

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

Archive: Magistrates Court

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 There was an additional charge of no insurance which was withdrawn following discussions with the Prosecution.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.
No Prison for Death by Careless

This defendant, represented in the Magistrates Court by barrister, Harry Bowyer, rolled his car on the way back from the pub, killing his back seat passenger. There were no aggravating features and the defendant was in the bottom sentencing category. Under the new sentencing guidelines this still leaves a starting […]

Magistrates Court Comments Off on No Prison for Death by Careless
3 Penalty Points for Driver Caught Doing 98mph in a 70mph Zone

This driver was captured driving at a speed of 98mph in a 70mph zone. Written representations were made to the Court by Millicent Dooher, whereupon the Court imposed 3 penalty points and a fine for this speed. The usual guidelines for this offence suggest 4-6 penalty points or a 7–28-day […]

Magistrates Court Comments Off on 3 Penalty Points for Driver Caught Doing 98mph in a 70mph Zone
Non-regulation e-bike seller escapes with £465.00 fine for each offence

Millicent Dooher represented this Company at their hearing before the Magistrates’ Court following 2 offences of selling non-regulation e-bikes. The allegations being that the bikes exceeded the maximum power output and speed allowed for road e-bikes. The Company had pleaded guilty to the offence, at the hearing, the Court considered […]

Magistrates Court Comments Off on Non-regulation e-bike seller escapes with £465.00 fine for each offence
3 Penalty Points and Conditional Discharge for Careless Driver.

The driver, represented by Millicent Dooher, had been charged with driving without due care and attention and driving otherwise than in accordance with a licence. Millicent made submissions to the Magistrates with regards to sentence. The Magistrates accepted it was a low level motoring offence and dealt with the matter […]

Magistrates Court Comments Off on 3 Penalty Points and Conditional Discharge for Careless Driver.
Successful Exceptional Hardship: Loss of Voluntary Work

This driver, represented by Millicent Dooher at the Magistrates’ Court, had accrued 12 penalty points from 4 separate speeding offences. An exceptional hardship application was made by Millicent on the basis that the voluntary work undertaken by the driver would be lost due to the mandatory totting disqualification. The Magistrates […]

Magistrates Court Comments Off on Successful Exceptional Hardship: Loss of Voluntary Work
New Driver escapes revocation with 7 day disqualification instead.

Millicent Dooher represented this driver at the Magistrate’s Court following a top bracket speeding offence. Top bracket speeding offences carry 6 penalty points or a disqualification. This driver was a new driver, having passed his test in the last 2 years. Any new driver with 6 penalty points on their […]

Magistrates Court Comments Off on New Driver escapes revocation with 7 day disqualification instead.
Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument

Laura Newton acted for a driver before Harrogate Magistrates’ Court. The business owner was facing a totting up disqualification for excessive penalty points. Evidence was presented to the Court regarding the wider impact of the disqualification on the driver’s ability to run her business and care for her daughter as […]

Magistrates Court Comments Off on Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument

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