Lengthy driving disqualification avoided for Chesterfield road traffic client
In recent months the penalties for speeding in a motor vehicle have increased dramatically since April 2017. This includes a reduction in the threshold at which a defendant faces a driving disqualification. You can read more about this here.
As a result the risk of being disqualified following a speeding conviction is much higher than previously. Chesterfield motoring law solicitor David Gittins was recently instructed by a client who faced disqualification for speeding.
In this case, although there was no mitigation to be put forward to prevent a driving disqualification, David was able to advance powerful mitigation to secure a very short disqualification, The ban would have little impact on our client’s ability to continue with his employment.
The Allegation
David’s client, who was only nineteen years old, had been seen by police driving his car at twice the legal limit. Unfortunately he was driving at more than twice the legal limit.
On being pulled over by the police he gave his details and then had to await the inevitable speeding summons and court date.
Client appearance at Chesterfield Magistrates’ Court
David had been instructed to represent our client prior to the court date. Although entering a guilty plea will be easy for an unrepresented defendant facing a speeding charge, choosing what extra information will favourably influence the outcome of their case.
This may conclude telling the Magistrates’ what happened and why. A defendant’s demeanour or lack of appreciation of the gravity of his case might mean that they approach the case in a manner guaranteed to aggravate the situation.
The starting point for Magistrates will always be that speeding can have very serious consequences and they will be looking to see an appropriate level of regret and remorse. More can be read about that here.
With this in mind David took instructions to see what personal mitigation would be available to his client. As he worked in the motor trade he needed a driving licence. His job would remain open to him if there could be a successful argument for a short disqualification. He lived in a rural area with an almost non-existent public transport system.
Successful mitigation of driving disqualification
David had already considered the sentencing guidelines so directed his mitigation at the relevant aspects of the guideline. By focussing on the positive elements of his client’s character, including his employment, David was able to secure a favourable sentencing outcome.
Our client was eventually fined and disqualified from driving. The disqualification was only for 21 days however. This was at the very lower end of the sentencing range. David’s client was particularly happy as he was due to go on a foreign holiday for fourteen days of the disqualification when he wouldn’t be driving in any event. This meant that he would only have to miss one week of work.
His job was secured and our client was extremely satisfied with the result. He appreciated that had be represented himself it was likely that his approach was likely to be less focussed and it may well have been that he didn’t secure the same outcome.
Since this case, David has already referred a further referral from his client who has instructed him in a similar matter.
Affordable fixed fees
Legal aid is not normally available for cases of this nature. As a result our client instructed us on a private basis. For most motoring offences fixed fees can be agreed and this was the case here.
Instruct a Chesterfield Road Traffic solicitor
If you wish to instruct David for any road traffic or criminal matter please contact him at our Chesterfield office on 01246 283000 or alternatively use the contact form below. While we can make no promises about the outcome of any case, we are best placed to argue against a driving disqualification or to reduce the length of a driving ban.
