Monthly Archives: September 2023
Chesterfield motoring solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban, having collected 12 penalty points.
David’s client had received Notices of Intended Prosecutions from a Derbyshire court as a result of speeding offences. If convicted, she would have been over the 12 penalty point limit for keeping her driving licence. A ban would normally follow. David identified that the client would have a strong argument to keep her licence as losing it would cause her an exceptional level of hardship.
The case began through the Single Justice Procedure (SJP). David advised the client at an early stage as to her plea and the impact of doing so. He also advised her as to the possibility of arguing exceptional hardship in a bid to allow her to keep driving despite the number of points of her licence.
David had conferences with his client to understand her personal and professional obligations which required a driving licence. Using his own knowledge of the area he undertook detailed research and set about collating maps, bus times and even calling local taxi firms to get quotes to understand how much taxis would cost his client if she were to lose her licence.
Instructions were also taken from our client’s partner, sister and business partners to obtain further information to put before the court.
Exceptional Hardship
As all drivers know when you reach 12 penalty points the court will disqualify you from driving under the totting up procedure. However, if it can be shown that exceptional hardship will result from a disqualification, a driver may be able to keep their licence even though they have passed the 12 point limit.
Exceptional Hardship is not defined in law and has to be considerably more than the inevitable inconvenience caused by a driving ban.
An argument for Exceptional Hardship could be based on issues that include:
- Loss of a job resulting in loss of accommodation for others such as children;
- An inability to get to any work due to geographical and public transport restrictions;
- Loss of other third persons employment due to businesses having to close;
- The requirement to take family members to urgent medical appointments when no other transport is available.
In this case, David argued exceptional hardship before Magistrates. Our client gave evidence as to the difficulties she would face if she lost her licence. In addition, the extensive use of digital maps meant that David and his client could show the terrain she would have to cross to walk to a bus stop and the danger that would present to herself and road users given the rural locations.
12 Penalty Points and No Driving Ban
Thankfully David was successful in his representations and exceptional hardship was found. The Magistrates exercised their discretion not to impose a ban. This meant the Client could continue driving and was simply ordered to pay financial penalties for these offences.
David’s advocacy skills and ability to see the bigger picture when collecting evidence before making his argument enabled the client to keep her driving licence.
For this type of case, Legal Aid was not available but a fixed fee was agreed in advance of the work being undertaken and arguably a small price to pay in order to keep your driving licence.
Contact an expert in road traffic law
We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences. Follow the link for contact details.
Alternatively you can use the contact form below.
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Monthly Archives: September 2023
Chesterfield motoring solicitor David Gittins successfully represented a client appearing before Chesterfield Magistrates’ Court for being drunk in charge of a motor vehicle.
You can read information about this offence here.
The guideline penalties upon conviction can be found here.
Our client accepted that he was over the drink drive limit. He had been found in the driver’s seat of the vehicle. He stated, however, that he had no intention of driving the vehicle.
Using his extensive knowledge, Chesterfield motoring solicitor David Gittins instructed an expert, sought defence witnesses and ensured the acquittal of his client.
Client alleged to be drunk in charge
Our client was seen asleep by the police at around 9.30am on a Sunday morning. He was sat in the driver’s seat of a car. The police stopped and could see that the engine was running. Upon speaking to him it was also noticeable that he was under the influence of alcohol.
The client was arrested as he was found to be over twice the drink drive limit.
The police charged our client without interviewing him. They believed their case was compelling and there was no need for his side of the story.
David took early instructions. He established that our client had no intention of driving whilst still over the legal limit. He had driven to his brother’s house before heading into Chesterfield for drinks. He became separated from his brother and had no way of getting into the house he was parked outside. As a result, he had simply decided to sleep in the car with the engine on to keep him warm. The plan was that he would be collected by his father and taken for a Sunday dinner. This happened weekly. He would have returned later in the day to collect his car and driven it once sober.
David knew that this account could amount to a defence if an expert confirmed that by the time he intended to drive he would be under the drink drive limit. The client would have to give evidence to the court that that was his intention.
Instructing An Expert
Such a defence, in this case, would need to be supported by an expert report confirming when our client would be under the legal limit to drive.
David tasked then-trainee Chloe Wright to instruct an expert asking for analysis of whether, on our client’s instructions, he would have been under the legal limit to drive at the point he intended to. Our expert performed the calculation and our client would have been able to drive legally at the point he planned.
We obtained statements from our client’s brother with whom he had been out with the night before, and his father about plans for that Sunday. Both witnesses agreed to attend court and give evidence.
The trial
David persuaded the prosecution to accept the evidence of our expert as it was not contentious. The real issue for trial was whether the court accepted the evidence of our client in terms of when he intended to drive.
The prosecution presented its evidence which again was not challenged. The defence case consisted of our client and his family members all giving evidence, as well as the agreed expert evidence.
The evidence given was credible and consistent between our client and the two witnesses.
The Magistrates listened closely and found our client not guilty. Our client was delighted and was able to keep his driving licence.
Funding
In this case David’s client had the benefit of legal aid meaning he didn’t have to pay for either his legal fees or the expert reports. For more information on legal aid click here: Criminal Legal Aid Solicitors – VHS Fletchers Solicitors
In some circumstances Legal Aid may not be eligible for cases such as this. However, in those case competitive Fixed Fees can be agreed for VHS Fletchers to provide legal representation. Click here for more information about our Private Road Traffic Fees: Motoring Offences Fixed Fees – VHS Fletchers Solicitors
Instructing a Chesterfield motoring solicitor
Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.
If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice. We will be present in your interview to advise through the investigation stage.
The advantages of such early advice legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.
Legal aid may well be available to fund your defence at court.
We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.
Alternatively you can use the contact form below.
Contact
Monthly Archives: September 2023
VHS Fletchers Solicitors have 5 solicitors’ offices across the Midlands – Nottingham, Derby, Chesterfield, Mansfield and Newark – staffed with specialists in the field of criminal defence work.
Whilst it will come as no surprise that these locations are situated close to local police stations and courts, the team of criminal defence solicitors at VHS Fletchers will happily travel much further to represent clients accused of criminal offences.
To give an example, within the last few months our Chesterfield criminal solicitors and accredited staff office have had many early mornings and late nights travelling the length and breadth of the country to provide our clients expert legal advice.
Places visited by our Chesterfield Criminal Solicitors
Those places recently visited by our Chesterfield lawyers and representatives include:
• York Police Station
• York Magistrates Court
• Lincoln Police Station
• Lincoln Magistrates Court
• Scarborough Police Station
• Huddersfield Police Station
• Leeds Youth Court
• Sheffield Magistrates Court
• Highbury Corner Magistrates Court (London)
• Margate Magistrates Court (Kent)
All of our clients involved in these cases had links to the Chesterfield area and didn’t want anyone other than Chesterfield solicitors who they can trust and build a professional relationship with.
As a result they asked our Chesterfield criminal lawyers to travel and provide expert legal advice in a variety of criminal cases. This included offences such as possession of a bladed article, conspiracy to supply drugs, driving whilst disqualified, breach of a Restraining Order, various Public Order offences and possession of counterfeit currency.
Further examples of the service that our criminal lawyers provide can be found here and here.
Instruct one of our criminal defence lawyers
Seeking legal advice at the earliest opportunity will allow us to provide advice to you about how the law and the evidence in either a police investigation or a prosecution.
If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice. We will be present in your interview to advise through the investigation stage.
The advantages of such early advice legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.
Legal aid may well be available to fund your defence at court.
We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.
Alternatively you can use the contact form below.
Contact
Monthly Archives: September 2023
Controlling and coercive behaviour legislation
Controlling and coercive behaviour in an intimate or family relationship is an offence created under Section 76 Serious Crime Act 2015. It has a maximum penalty of five years imprisonment.
As this offence falls under the domestic abuse umbrella, the Code for Crown Prosecutions states “given the seriousness of Domestic Abuse offending, a prosecution will normally be required when the evidential requirements under the Code are met.”
Sentencing guidelines for the offence can be found here.
Our client’s case
One of our clients was charged with the offence of controlling and coercive behaviour. He denied the allegation. Unfortunately, despite our best efforts before the Magistrates’ Court he was remanded into prison custody pending his trial at the Crown Court.
Fortunately the allegation did not reach trial. This was due to the expertise and persistency of Solicitor Advocate Denney Lau and Chesterfield criminal defence solicitor Chloe Wright.
Chloe visited our client in prison. She obtained detailed instruction from him. These included the whole history of the relationship, his detailed version of events and details of defence witnesses.
From taking instructions it was revealed that our client had been receiving letters in prison from a ‘relative’. It was in fact the complainant who was the author of the letters. The false name had been used in order to bypass the prison checks.
Defence witnesses seen
Chloe contacted the defence witness on behalf of our client. They provided her with screenshots of messages that confirmed the origin of the letters. They were also able to show that the complainant had also transferred money into our client’s prison account. Signed statements were obtained confirming this detail.
We were then in a position to make representations to the Crown Prosecution Service regarding the credibility of the complainant and therefore whether there was a realistic prospect of conviction. The prosecution were persuaded that the prosecution should not proceed.
As a result the case was brought forward into the Court list. The prosecution offered no evidence. The Judge entered a formal not guilty verdict, concluding the case and releasing our client.
This case perhaps clearly sets out the benefits of early case preparation. Rather than wait for trial, we secured our client’s discharge from the proceedings at the earliest opportunity.
Instruct an expert in controlling and coercive behaviour allegations
Seeking legal advice at the earliest opportunity will allow us to provide advice to you about the law and the evidence in either a police investigation or a prosecution.
If you are arrested or know that the police wish to speak to you about any criminal allegation make sure you insist on your right to free and independent legal advice. We will be present in your interview to advise through the investigation stage.
The advantages of such early advice legal advice can be found here.
If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case as set out above.
Legal aid may well be available to fund your defence at court.
We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.
Alternatively you can use the contact form below.
Contact
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