• sliderimage

< Back to the latest updates

Driving ban avoided at Chesterfield Magistrates’ Court

driving ban chesterfield criminal lawyer kevin tomlinson
Chesterfield Motoring Solicitor Kevin Tomlinson

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where the Defendant was at real risk of a driving ban.

Kevin’s client was caught driving at 80 mph in an 50 mph speed limit. Kevin’s advocacy skills and ability to use modern technology, enabled the client to keep his driving licence, leaving court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of instructing a local motoring solicitor.  Kevin has worked as a criminal defence solicitor in Chesterfield for many years and knows the roads around Chesterfield, including into High Peak, very well.

Benefits of a local Chesterfield Motoring Lawyer

Kevin’s client told him that he had been caught speeding whilst driving on the Snake Pass between Chesterfield and Manchester.  Kevin was immediately able to recognise the seriousness of the situation.

Snake Pass winds its way through the High Peak with very limited opportunities to overtake other road users.  Drivers are regularly driving at less than the stated 50 mph.  The road is regularly used by farm vehicles and haulage companies. This leads to drivers becoming increasingly frustrated during their journeys.   There are often accidents which leads the police to monitor the road closely.

 

Kevin’s client was running late and took an opportunity to overtake another vehicle.  In doing so he accelerated to 80 mph and was caught by a Police mobile camera. The client did not dispute the reading and indicated to Kevin his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this manouever.

Our client required his vehicle for work.  Kevin had to make his client aware that due to the level of speed the Court would consider imposing a driving ban of up to 56 days.

Use of Click Share Technology to Present Mitigation

driving ban avoided chesterfield motoring solicitor
Chesterfield Magistrates Court

As a Chesterfield motoring solicitor, Kevin knew that the local Magistrates would also know the road in question.  They would be concerned by the driving.  The road is extremely long, however, and where the offence took place was potentially important to the sentencing decision.

As a result Kevin located the area of the incident on his laptop.  He was show this to the sentencing Magistrates via the Click Share system.  He demonstrated that whilst the speed was excessive, it was along one of the straighter parts of the road rather than during the more twisty stretches of the road.

Penalty Points and no driving ban

As a result of his knowledge, Kevin was able to present his client’s case in an extremely effective way.  This, in combination with his expert presentation of personal mitigation, led to the Magistrates’ taking a lenient approach.  Kevin’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

If you require the advice and representation of an expert motoring solicitor then please contact Kevin at our Chesterfield office on 01246 283000 or email him here.  Details of our Chesterfield Office can be found here.

Kevin can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.

© 2021 VHS Fletchers Solicitors | Authorised and Regulated by the Solicitors Regulation Authority Number 488216