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

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
No Insurance Dropped at Court – Driver Avoids Disqualification for Careless Driving Allowing Driver to Stay in Employment.

Laura Newton represented a driver facing prosecution for driving without insurance and careless driving, including allegations travelling at 80mph in 50mph area and cutting into a line of traffic. Careless driving usually carries a disqualification or up to 9 points. At the hearing, a detailed pre court conference took place. […]

Magistrates Court Comments Off on No Insurance Dropped at Court – Driver Avoids Disqualification for Careless Driving Allowing Driver to Stay in Employment.
Car Driver Who Collided with Motorcycle and Failed to Stop & Report Retains Driving Licence

This driver, represented at the Magistrates’ Court by Millicent Dooher, was pleading guilty to failing to stop following an accident, failing to report an accident and driving without due care and attention after colliding with a motorcycle. Millicent convinced the Court to deal with it by way of a community […]

Magistrates Court Comments Off on Car Driver Who Collided with Motorcycle and Failed to Stop & Report Retains Driving Licence
7-day Disqualification Instead of 6 month Starting Point Disqualification for Speeding Driver

This driver, represented by Millicent Dooher, was facing a 6-month disqualification having been convicted of 4 speeding offences. The client had accepted 2 speeding offences as fixed penalty notices, and two offences were before the Court. A discretionary disqualification was sought on the offences, to prevent the driver from ‘totting’ […]

Magistrates Court Comments Off on 7-day Disqualification Instead of 6 month Starting Point Disqualification for Speeding Driver

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