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

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
HGV Operator with 12 Penalty Points for Speeding Gets No Disqualification.

This driver, who is also an operator of HGVs, was represented at the Magistrates’ Court by barrister, Millicent Dooher following 4 offences of speeding amounting to 12 penalty points. With 12 penalty points, the starting point is a mandatory 6-month disqualification from driving. Millicent was able to make a successful […]

Magistrates Court Comments Off on HGV Operator with 12 Penalty Points for Speeding Gets No Disqualification.
Speeding Totter Avoids 6 Month Ban with Short Disqualification

Millicent Dooher, barrister, represented this car driver following a speeding offence, where the driver was recorded as travelling at 86-mph in a 50-mph restricted zone. This could carry a sentence of up to 56 days driving disqualification, or 6 penalty points. This driver already had 6 penalty points endorsed upon […]

Magistrates Court Comments Off on Speeding Totter Avoids 6 Month Ban with Short Disqualification
Successful Special Reasons Hearing – No Points, No Fine and No Prosecution Costs Payable.

Millicent Dooher, barrister, represented this client at the special reasons hearing following a speeding offence where the driver’s speedometer was showing a faulty reading. Millicent was able to prove that the speedometer was faulty and persuade the Magistrates to deal with this by way of absolute discharge. This meant the […]

Magistrates Court Comments Off on Successful Special Reasons Hearing – No Points, No Fine and No Prosecution Costs Payable.
Company Director Escapes Endorsement by Amendment of Charge After Failing to Provide Driver Information

This Company Director was before the Magistrates’ Court following 2 charges of failing to provide driver details following speeding offences committed in his Company vehicles (under s.172 Road Traffic Act 1988). Each offence carries 6 penalty points and a fine, making him a ‘totter’ and putting his Company out of […]

Magistrates Court Comments Off on Company Director Escapes Endorsement by Amendment of Charge After Failing to Provide Driver Information
Careless Driver Avoids Disqualification

Motoring lawyer Laura Newton represented a driver before the Magistrates’ Court, facing a charge of careless driving. The driver had been witnessed by police aggressively weaving in and out of traffic and travelling at excess speed. The case had begun in the Single Justice Procedure Court but adjourned as the […]

Magistrates Court Comments Off on Careless Driver Avoids Disqualification

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