Magistrates Court | Smith Bowyer Clarke - Part 4

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

Archive: Magistrates Court

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
Successful s.172 Trial Where Driver, “Could Not Say Whether it was Him or His Wife Driving.

Millicent Dooher represented this driver at the Magistrates’ Court. The driver was charged with a speeding offence and one offence of failing to provide driver details under s.172. The driver contended that he could not identify who was driving: it was either himself or his wife. The Magistrates accepted that […]

Magistrates Court Comments Off on Successful s.172 Trial Where Driver, “Could Not Say Whether it was Him or His Wife Driving.
Private Hire Driver Wins on Appeal – TFL Pay Appellant’s Costs!

Laura Newton was instructed by a Private Hire Driver, on appeal against TfL’s decision to revoke the PH Licence. The revocation came after a compliant via Uber passenger, referred to TfL, but not properly investigated. On appeal, the Court noted the shortcomings in the investigation and the impact this had […]

Magistrates Court Comments Off on Private Hire Driver Wins on Appeal – TFL Pay Appellant’s Costs!
Hire Company Acquitted of Failure to Provide Driver Information Charge.

  This vehicle hiring company, represented by Millicent Dooher, was charged with failing to provide driver information to the police following a careless driving incident their vehicle was involved in. The Company claimed they had sent the response, but the Police had not received it. Having submitted the evidence, the […]

Magistrates Court Comments Off on Hire Company Acquitted of Failure to Provide Driver Information Charge.
Failure to Provide a Specimen Following an Accident whilst Twice the Legal Limit – Dealt with by Fine not Community Order

This driver, represented by Millicent Dooher, was required to provide a breath sample following her car coming off the road. The driver attempted to provide the sample but did not produce a full sample. The attempts showed alcohol levels of over twice the legal limit. Millicent was able to make […]

Magistrates Court Comments Off on Failure to Provide a Specimen Following an Accident whilst Twice the Legal Limit – Dealt with by Fine not Community Order
Exceptional Hardship Application Granted for Driver who Accrued 37 Penalty Points.

Millicent Dooher, barrister, represented this driver before the Magistrates Court following a number of speeding offences. Ultimately the Magistrates imposed penalty points on the driver’s licence, totalling 37 penalty points. An application for exceptional hardship was put before the Magistrates, with the request for a short ban, rather than the […]

Magistrates Court Comments Off on Exceptional Hardship Application Granted for Driver who Accrued 37 Penalty Points.
Magistrates Persuaded to Sentence on Defendant’s Version of Facts – Case Dealt with by Way of Conditional Discharge!

This defendant was charged with assault by beating and criminal damage and represented before the Magistrates by barrister Millicent Dooher. A guilty plea was entered on a basis of plea in that contact was only made with the Complainant’s camcorder and not the directly with the Complainant. This was rejected […]

Magistrates Court Comments Off on Magistrates Persuaded to Sentence on Defendant’s Version of Facts – Case Dealt with by Way of Conditional Discharge!
Driver Receives Discretionary 35 Day Disqualification Instead of 12 month Disqualification Following a Number of Endorsable Offences.

This driver, who had 9 penalty points on his licence, faced a further endorsement of 6 penalty points for tyre offences and a financial penalty for no MOT. He was also serving a 12-month disqualification for drug driving. Millicent Dooher, barrister, represented this driver before the Magistrates. Where any driver […]

Magistrates Court Comments Off on Driver Receives Discretionary 35 Day Disqualification Instead of 12 month Disqualification Following a Number of Endorsable Offences.

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