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

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.
Driving Without Due Care – Driver escapes with only 4 penalty points.

This driver, represented before the Magistrates by barrister Millicent Dooher, was facing up to 9 penalty points or a disqualification following the offence of careless driving (without due care and attention). As this offence occurred within the first 2 years that this driver has held a licence, 6 or more […]

Magistrates Court Comments Off on Driving Without Due Care – Driver escapes with only 4 penalty points.
Successful s.172 trial: Unable to identify driver between husband or wife.

Millicent Dooher represented this client at their Magistrates Court trial for failing to identify the driver of a vehicle following a speeding offence. The defence for this charge is whether the recipient has acted with reasonable diligence in ascertaining the identity of the driver and providing it to the police. […]

Magistrates Court Comments Off on Successful s.172 trial: Unable to identify driver between husband or wife.
Drink Driver over 4 Times the Limit Avoids Immediate Custody

Millicent Dooher, barrister, represented this driver at his sentencing hearing following an offence of drink driving. With such a high reading, the starting point is immediate custody. Millicent was able to convince the Magistrates not to impose immediate custody due to the mitigating factors, including the work the driver had […]

Magistrates Court Comments Off on Drink Driver over 4 Times the Limit Avoids Immediate Custody

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