Magistrates Court | Smith Bowyer Clarke - Part 6

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

Archive: Magistrates 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.
Driver caught at 123mph avoids disqualification

Laura Newton, specialist motoring solicitor, represented a driver who appeared before Bridlington Magistrates’ Court, having pleaded guilty to speeding at 123mph. The prosecution began by Single Justice Procedure Notice, but the Court had required the driver’s attendance as it was considering a disqualification. At this speed, the Sentencing Court Guidelines […]

Magistrates Court Comments Off on Driver caught at 123mph avoids disqualification
Absolute Discharge for Driver facing Disqualification for Totting – Successful Special Reasons Argument

This driver, represented by barrister Helen Newbold,  appeared in front of the Magistrates’ court for a speeding offence. As she had already accumulated 9 points on her licence a further 3 points would have made her a totter and subject to a 6 month disqualification. Setting out the requirements of […]

Magistrates Court Comments Off on Absolute Discharge for Driver facing Disqualification for Totting – Successful Special Reasons Argument
HGV driver avoids penalty points with 14 day ban instead

This driver was represented by barrister, Millicent Dooher at the Magistrates’ Court following his third speeding offence. This Driver was an HGV driver and would have lost his employment if any more than 6 penalty points were endorsed on his driving licence. The Magistrates were convinced, following representations, to deal […]

Magistrates Court Comments Off on HGV driver avoids penalty points with 14 day ban instead
Successful Exceptional Hardship application for HGV driver

Following a speeding offence in an HGV, this Driver faced being a ‘totter’ with 12 penalty points on his driving licence and a 6-month driving disqualification. The Driver was represented at the Magistrates’ Court by barrister Millicent Dooher, who was able to convince the Magistrates to impose a short ban […]

Magistrates Court Comments Off on Successful Exceptional Hardship application for HGV driver
Another Driver Avoids Disqualification for Totting after Successful Exceptional Hardship Argument

Barrister Helen Newbold represented this driver who was facing two speeding offences whilst already having 6 points on her licence for an offence with a mobile phone; the potential sentence was a 6-month disqualification for “totting”. Having mitigated on the offences themselves Helen Newbold then successfully made an application for […]

Magistrates Court Comments Off on Another Driver Avoids Disqualification for Totting after Successful Exceptional Hardship Argument
4 Speeding Offences Within a Month – Magistrates Persuaded to Disqualify for One Month Rather than Six

Having accrued 4 speeding offences in the space of 1 month, this driver was facing a 6-month disqualification as a ‘totter’. The Driver was represented by barrister, Millicent Dooher, at the Magistrates’ Court in Nottingham, where the Magistrates’ were persuaded to impose a 1-month disqualification, after which no penalty points […]

Magistrates Court Comments Off on 4 Speeding Offences Within a Month – Magistrates Persuaded to Disqualify for One Month Rather than Six
Another Exceptional Hardship Success – Driver Avoids 6 Month Ban

Our barrister represented a driver facing a 6 month totting up disqualification, which was due to be imposed for reach 12 penalty points on his Licence. The speeding offence was dealt with a Nottingham Magistrates’ Court and our motoring lawyer Millicent Dooher presented the driver’s circumstances including the fact that […]

Magistrates Court Comments Off on Another Exceptional Hardship Success – Driver Avoids 6 Month Ban

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