Tag Archives: road traffic

News

Motoring law solicitor secures suspended sentence.

chesterfield motoring law solicitor
Chesterfield crime and motoring law solicitor Kevin Tomlinson

Chesterfield Crime Solicitor Kevin Tomlinson has a wealth of experience defending motoring law offences.  He is known for his calm and unflappable approach which places clients at ease in what is often an alien environment for them.  These qualities are demonstrated by this particular case.

 

Kevin was instructed by a client who was accused of drink driving.  She had provided a specimen of breath showing that she was nearly three times the legal drink drive limit.

Investigation of a procedural irregularity

chesterfield motoring law solicitorOur client was prepared to plead guilty to the offence and was seeking advice as to the likely penalty she would receive.  Kevin, however, sought his client’s instructions on the full circumstances of the offending and began to check the evidence that the prosecution had.

While there was no doubt that Kevin’s client had drunk alcohol before driving, the level has to be above the legal limit to drive. in order to convict her of the offence, therefore, the prosecution had to show that the evidence of the breath specimen was reliable.

If you are investigated for drink driving and provide a sample of breath at the police station you will be given a print out of the reading provided by the machine.

In this case, the printout provided to our client showed that there had been an error. The layout of the paperwork appeared to be wrong.  Kevin could not be sure that the breath test had been performed correctly.

At court Kevin spoke with the prosecutor to see if they had the same documentation as his client.   The prosecutor did not.  Their copy of the printout was correct.  It appeared, for whatever reason, that our client’s version had been incorrectly printed.

chesterfield motoring law solicitorKevin then took the time to speak with his client again.  It seemed clear that the machine had been working properly, bearing in mind his client’s instructions about how much she had had to drink and the prosecution copy of the printout.  Further, the decision that she made on plea would be important as the starting point on sentence in her case was a twelve week custodial sentence due to the level of the reading.

Would she choose to try and take advantage of a potential loop hole and risk loss of mitigation and prison if she was found guilty?

Suspended sentence followed a guilty plea

Having taken further instructions, it was clear that our client wanted to plead guilty and not try to challenge the reliability of the machine.

Following her plea, Kevin was able to advance substantial personal mitigation on her behalf which is always more compelling if it follows a guilty plea.  Kevin’s calm and measured approach persuaded the Magistrates that any sentence of imprisonment could be suspended.  In addition to the suspended sentence she also receive the inevitable driving ban.

She was extremely relieved and pleased with the outcome.

You can read more about the importance of an early guilty plea and and an expression of remorse here.

Contact an expert motoring law solicitor

Kevin Tomlinson is based at our Chesterfield office, but is able to provide nationwide advice and representation.  If you wish to instruct Kevin then his contact details can be found here.

We will always advise you as to your entitlement to criminal legal aid to ensure your free representation in the Magistrates’ Court.

You can read more about that here.

Alternatively, if one of our other offices is more convenient then you can find these contact details here.

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You can also use the contact form below:

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News

Chesterfield motoring solicitor keeps taxi driver’s licence

Chesterfield Motoring Solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban.  This would have meant the loss of his job as a taxi driver and a substantial impact on his 4 children.

David’s client had been caught driving at 76 mph in an 30 mph speed limit close to Chesterfield Town Centre. David’s strong advocacy  and diligent preparation enabled the client to keep his driving licence.  Instead he left the court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of choosing a local Chesterfield motoring solicitor carefully.  Surprisingly, David’s client had tried to instruct another local solicitor’s firm.  They had declined to take the instruction as they didn’t believe he could save the Defendant’s driving license.

Benefits of a local Chesterfield motoring solicitor

David’s client told him that he had been caught speeding whilst driving out of Chesterfield town centre along Derby Road at excessive speeds.  With local knowledge, David was immediately able to recognise the seriousness of the situation.

David’s client had been running late and had made a terrible error in trying to make up time by grossly exceeding the speed limit.  His client did not dispute the speed.  He indicated to David 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 piece of driving.

Our client required his driving licence to be able to work.  David had to make his client aware that due to the level of speed the Court would consider imposing an immediate driving disqualification  of up to 56 days.

As a Chesterfield motoring solicitor, David knew that the local Magistrates would also know the road in question.  Because of this he knew that the only way in which he could keep his client’s license was to prepare detailed mitigation to present to the Court.

David had two lengthy conferences with his client in advance of the Court hearing.  This was to take details of how a disqualification would impact upon him, his wife and their four children.  For example, he provided transport to a separate school for each child, as well as to a variety of after school activities. Bluntly put,  if the client lost his license it was almost impossible for the children to attend school on time due to their age and the travel involved.

David preparing a map to show the court the acute difficulties that his client’s children would face.  He also secured references on behalf of his client.  For example, his client was involved in the local community tackling drug addiction.

Penalty Points rather than a driving ban

As a result of this detailed preparation and strong advocacy, David was able to present his client’s mitigation in an extremely effective way.  Because of this, the Magistrates’ were persuaded to take a lenient approach.  David’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

chesterfield crime solicitor David Gittins
Partner and Chesterfield motoring law solicitor David Gittins

If you require the advice and representation of an expert motoring solicitor then please contact David at our Chesterfield office on 01246 283000 or use the contact form below.  Details of our Chesterfield office can be found here.

David  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.

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News

Taking points for someone else and perverting the course of justice

One of the most serious offences that can come before a court is ‘perverting the course of justice’, this is because it strikes at the very heart of the justice system.  Such offending includes taking points for someone else.

Due to its seriousness, immediate custody almost always follows, yet there are a surprising number of people who commit this offence, thinking that they will easily get away with it.

“Offences of perverting the course of justice are intrinsically so serious that they will almost always attract an immediate custodial sentence unless there are exceptional circumstances justifying a different course” (R v Cronin (2017)).

Know a family member sitting on nine penalty points?

The scenario is a common one.  One person in the family already has 9 points on their driving licence.  A Notice of Intended Prosecution drops through the door in relation to a further road traffic offence.

The new road traffic offence on its own is likely to be relatively minor.  It will only result in 3 penalty points and a modest fine. But, in this instance, due to the previous points on the licence, it may well result in a driving disqualification.

It may be that another family member with a clean licence thinks about taking points for someone else.  The thought process might go – how easy would it be for another person to take the blame?  Abe made to name a relative abroad.   Who would possibly find out?

Of course, the first mistake here is the belief that you will not be caught taking points for someone else.

In reality, however, the police take a keen interest in these cases, and often it requires only a modicum of detective work to reveal the true offender.

The consequences of the offending

The consequences of taking points for someone else can be horrendous.  The points follow, as does the disqualification which now becomes a reality with no realistic prospect of arguing exceptional hardship.  Worst of all, two people are arrested, possibly in the early hours, in front of friends and family, maybe even young children.

And finally, a prison sentence follows.  All to avoid a few penalty points.

Considering taking points for someone else?

The irony of the situation as set out above is that in many cases the driving disqualification could have been avoided.  This is particularly true if early advice had been obtained from an experienced road traffic law practitioner.

Many otherwise decent hardworking people find themselves before the court through decisions made in panic. Before acting always seek advice.

Contact your nearest office to speak to one of our expert road traffic lawyers about your case.

taking points for someone else

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News

Mansfield road traffic solicitor secures constructive sentence for client

Mansfield road traffic solicitor Tim Haines provided advice and representation to a client facing a custodial sentence for a second drink drive conviction within 8 years.

The client’s situation was made worse by the circumstances of the case.  He rolled his car in the early hours of the morning and then abandoned it.  When he provided a sample of breath he was over twice the legal limit to drive.

Tim’s client had been out of trouble for sometime, having put significant difficulties with drink behind him.  Unfortunately, the loss of a close family member meant that he turned once again to drink.  This offence was committed at the end of that period.

An early guilty plea

We provided advice that an early guilty plea would stand our client in good stead at his sentencing date.  Tim also advised that character references should be obtained setting out all of the good work that his client had done on his own behalf to tackle his drinking.  They could also touch on the effect of the bereavement upon him.

Hospice staff were kind enough to provide written confirmation of the closeness of our client and the deceased, and the meetings that they had leading up to his death.

The Magistrates’ were persuaded that there should be some input from the probation service to investigate alternatives to custody.  The probation office liaised with third party agencies who had been assisting our client on a voluntary basis since he was charged with this offence.

A prison sentence was avoided

Careful mitigation that stressed the particular circumstances of this case and our client’s clear intention to put his drinking behind him again mean that he received a community order.  This involved unpaid work.  Supervision was not necessary due to the efforts he was making on his own behalf.

He was of course subject to a lengthy driving disqualification.  This can be reduced if he completes the alcohol impaired drivers course.

Contact a Mansfield road traffic solicitor

Although there are always serious risks involved with any allegation of drink driving there are sometimes compelling circumstances that will allow the court to depart from the expected sentence.  An experienced solicitor such as Tim will provide you with advice as to how best to prepare for sentence, and then try to secure the best outcome through his expert mitigation on your behalf.

In a case such as this, free criminal legal aid might be available for your representation in the Magistrates’ Court dependent upon your means.  We will always give you advice on how best to fund your case.

Mansfield crime solicitor Tim Haines drink drive representation
Mansfield road traffic solicitor Tim Haines

If you wish to discuss your case then please call Tim on 01623 675816 or use the enquiry form below.

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News

New Guideline for Speeding Penalties in Force from 24 April 2017

The new sentencing guidelines as they apply to speeding offences have been receiving some publicity.  The reports have highlighted the increase in the level of fine that can be imposed for the most serious examples of speeding that appear before the Magistrates’ Court.

The penalties involve maximum fines of £1,000  or £2,500 if the offence is committed on the motorway.

Nottingham motoring law solicitor Graham Heathcote spoke to BBC Radio Nottingham on 24 April 2017.  You can listen to the interview here:

You can begin to work out the starting point for your particular case by looking at where you fall within the bands.

Band A

This covers low level speeding.  It will result in three points and a fine of up to 50% of your weekly income.  It applies if you are driving up to 30mph in a 20mph zone; up to 40mph in a 30mph zone; 55mph in a 40mph zone; 65 in a 50; 80 in a 60, and; up to 90mph in a 70mph zone.

Band B

This will attract a driving ban of 7 – 28 days will or four to six penalty points.  This punishment will be imposed with a fine of up to 100% of your weekly income.

It covers more serious speeding – 31mph to 40mph in a 20mph zone; 41mph to 50mph in a 30 zone; 56mph to 65mph in a 40; 66 to 75 in a 50; 81-90 in a 60, and; 91mph to 100mph in a 70mph.

Band C

This sentencing range is reserved for the most serious speeding offences. The court will consider a driving ban of between 7 and 56 days or impose six penalty points.  This could be coupled with a fine up to 150% of weekly income.

This covers speeds of over 41mph in a 20mph zone; 51mph in a 30mph zone; 66mph in a 40mph zone; 76mph in a 50mph; 91mph in a 60mph, and; 100mph in a 70mph zone.

speeding penalty points driving ban
Magistrates’ Court Sentencing Guidelines for Speeding

A change in emphasis for mid-range speeding offences?

The guideline for Band B offences appears to be a change of emphasis in relation to the starting point.  It is unlikely to be an error in drafting that suggests that the Magistrates’ should first consider a driving ban and then look at penalty points as an alternative.

We will have to wait and see whether the courts’ interpretation of the guidelines results in more motorists receiving short discretionary disqualifications.  We know that the effect of such a driving ban may well be disproportionate to the time that it is in force.

The net effect of these guidelines might effect many more motorists.  Those who break the limit by miscalculation rather than recklessness, now face a real risk of ending up off the road. The consequences can go beyond the simple ban, including a massive hike in future insurance premiums.

Aggravating Factors

The table above show the starting point for speeding offences before the court.  The fine and whether there is a disqualification or points will defend on the aggravating and mitigating factors in any case.

The guideline features a non-exhaustive list of factors that may increase serious and therefore the financial penalty as well as increase the chances of receiving a disqualification. These include:

  • Previous convictions
  • Offence committed whilst on bail
  • Offence committed on licence or post sentence supervision
  • Poor road or weather conditions
  • Driving LGV, HGV, PSV etc.
  • Towing caravan/trailer
  • Carrying passengers or heavy load
  • Driving for hire or reward
  • Evidence of unacceptable standard of driving over and above speed
  • Location e.g. near school
  • High level of traffic or pedestrians in the vicinity

Mitigation

Some aspects of the case might reduce seriousness and therefore the penalty imposed such as:

  • No previous convictions or no relevant/recent convictions
  • Good character and/or exemplary conduct
  • Genuine emergency established

Net effect, many more motorists, who break the limit by miscalculation rather than recklessness, now face a real risk of ending up off the road. The consequences can go beyond the simple ban, including a massive hike in future insurance premiums.

Ring now, 0115 9599550, and get us on your side.

Contract a Motoring Law Specialist

speeding road traffic law penalty points driving ban
Nottingham motoring law solicitor Graham Heathcote

We appreciate that your driving licence will be important to you.  You may receive a notification that the police are considering a prosecution. You might be told that you have a court date.

Here at VHS Fletchers we have an experienced team of motoring lawyers, with extensive experience in what can be a complex area of the law, providing technically sound, clear advice and with a proven track record of saving motorists’ driving licences.

Please contact Graham Heathcote on 0115 9599550 or contact him using the form below for advice and an estimate of our fees.

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