Magistrates Court | Smith Bowyer Clarke - Part 5

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

Archive: Magistrates Court

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
Totter with 12 Penalty Points Avoids Disqualification with Exceptional Hardship Application

Millicent Dooher, barrister, represented this driver at an exceptional hardship hearing before the Magistrates. This driver had accrued 12 penalty points following 4 speeding offences and risked being a ‘totter’ with a mandatory 6 month disqualification. Millicent was able to persuade the Magistrates to find exceptional hardship in this instance […]

Magistrates Court Comments Off on Totter with 12 Penalty Points Avoids Disqualification with Exceptional Hardship Application
Failure to Provide Driver Details: Found Not Guilty at Court

Following a charge of failure to provide driver details under s.172 Road Traffic Act 1988, this vehicle owner, represented by barrister Millicent Dooher, successfully disputed the charge at Court and was found Not Guilty. Millicent was able to persuade the Court that despite the Notice being sent, it had never […]

Magistrates Court Comments Off on Failure to Provide Driver Details: Found Not Guilty at Court
130mph Speeding Offence Dealt with by Penalty Points.

This driver was prosecuted for exceeding the speed limit, recorded at a speed of 130mph. Millicent Dooher, barrister, represented this driver at the Magistrates’ Court. Millicent was able to successful persuade the Court to deal with this matter by way of penalty points where the guidelines would suggest a 56+ […]

Magistrates Court Comments Off on 130mph Speeding Offence Dealt with by Penalty Points.
Exceptional Hardship Found for Driver with 18 penalty points.

This driver, represented by barrister, Millicent Dooher, was summoned before the Magistrates’ Court following 6 speeding offences, and as such risked becoming a ‘totter’. Millicent successfully put forwards an argument of exceptional hardship, meaning the Driver was not disqualified at all, despite a total of 18 penalty points being endorsed […]

Magistrates Court Comments Off on Exceptional Hardship Found for Driver with 18 penalty points.
Drunk Driver Avoids Custodial Sentence after Blowing in Excess of 4 Times the Legal Limit.

Barrister Helen Newbold represented this driver after they were reported to the police for drink driving after a minor traffic collision. Having blown a sample of breath well in excess of 4 times the legal limit the driver was under no illusion that the starting point for sentencing in the […]

Magistrates Court Comments Off on Drunk Driver Avoids Custodial Sentence after Blowing in Excess of 4 Times the Legal Limit.

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