Category: Criminal Defence
Driving a Truck or Bus now an Aggravating Feature for Causing Death by Dangerous Driving
The Sentencing Council has published revised sentencing guidelines effective from the 1st July 2023 for a number of motoring offences including Causing Death by Dangerous Driving and Causing Death by Careless Driving. Sentencing guidelines for motoring offences published – Sentencing (sentencingcouncil.org.uk) The sentencing ranges for Causing Death by Dangerous Driving […]
Bounce Back Loans and The Traffic Commissioner
In several recent Public Inquiries in which we have been involved Traffic Commissioners have shown an unhealthy interest in “Bounce Back” loans taken out by operators at the beginning of the Covid 19 pandemic. These loans were taken out under rules requiring that the maximum amount loaned must be equal […]
5 Ways for Directors and Transport Managers to Stay out of Prison
One of the less obvious perks of being involved in the Transport Industry is quite how easy it is to find yourself in a criminal dock facing charges that could alter your life forever. It is often the case that the director or transport manager was oblivious of the cause […]
Using a Mobile Phone at the Wheel – DPP v Ramsey Barretto Judgement
The Appellant in this case was caught using a mobile telephone to film an accident as he was driving past. The High Court held that for the purposes of a prosecution under Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) […]
What Does Offence Code SP30 Mean?
You receive a Single Justice Procedure Notice (SJPN) or Notice of Intended Prosecution (NIP) and see code SP30. What does this mean? Is it for exceeding a statutory speed limit on a public road or for exceeding a 30 mph limit in particular? It is a common misconception that SP30 […]
Unlimited Fines Mean Unlimited Fines!
Some people may have been surprised by the £86,000 fine that Ant McPartlin received for drink driving. Level 5 fines are now unlimited for cases committed after the 13th March 2015. Defendants are sentenced according to their means which must be declared to the Magistrates on a form or, in […]
HGV Drivers, Mobile Phones & the Traffic Commissioner – 5 Things You Need to Know
Using a phone behind the wheel is a serious offence, and more so for truck drivers. Below are 5 things all HGV drivers, operators and Transport Managers need to know: 1) Committing this Offence is Easier than You Might Think As a professional driver you will almost certainly know […]
Facing Court for Overloading Your Truck? 5 Things You Need to Know
Facing prosecution for driving or operating an overloaded goods vehicle? Received papers from the Magistrates Court? Unsure what you should do next? Here are 5 things you need to know: 1) Both the Driver and Operator can be Charged It is not just the driver of an overloaded vehicle […]
HGV Driver Caught Speeding? – 5 Things You Need to Know
Every driver knows that exceeding the speed limit is a criminal offence which can lead to penalty points, a fine and a driving ban. For truck drivers however, the position is even more serious. If you are caught speeding and hold an HGV drivers’ licence you can expect to face […]
Tachograph Offences – An all too Common Nightmare Scenario
Consider the following scenario: You are the operator of a small general haulage business running 6 trucks. So far business has been good to you. You employ 10 drivers and hope to increase to 8 trucks within a year or so. You are your own Transport Manager, but […]
