Criminal Defence Archives | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Criminal Defence

Company and Driver Escape with Minimal Fines Following 60% Overload in 3.5 Tonne Van

Millicent Dooher represented both Company and Driver before the Magistrates’ Court following an offence of overloading. The vehicle, a 3.5 tonne van, was overloaded by 60% upon the DVSA stop. Millicent was able to persuade the Magistrates to deal with the matter in totality. The Driver received a fine of […]

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Not Guilty Verdict for Money Laundering – All Cash Returned Along with the Monies Paid for the Release of the Vehicle.

This haulier was facing charges of money laundering following a significant amount of cash being found in the possession of the Driver and in the vehicle by Border Force. The client was found not guilty of money laundering. The money seized was returned to the driver and haulier. The money […]

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Conditional Discharge for Driver following 12 offences of Failing to Make a Proper Record

Millicent Dooher, barrister, represented this HGV driver before the Magistrates’ Court following 12 offences of failing, without proper excuse, to make a record of his journeys. This offence was charged under s.99ZE, and as such is an either way offence, carrying up to 2 years custody for each offence. Millicent […]

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Successful Defence: S.172 Charge Withdrawn Against Operator Licence Holder

A company facing an S.172 charge for failing to provide driver details successfully avoided trial with the help of barrister Millicent Dooher. Prior to the hearing, Dooher presented evidence to the prosecution, leading to a decision to withdraw the charge. This outcome saved the company both time and costs. While […]

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Serious Injury by Dangerous Driving Mitigated Down by 50% from Starting Point In the Crown Court

The Defendant in this matter, represented in the Crown Court by Barrister Harry Bowyer pleaded guilty at the earliest opportunity to Causing Serious Injury by Dangerous Driving. The case was particularly serious. The injuries to his passenger were horrific and the case was aggravated by excessive speed, drug use and […]

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Dangerous Driver Escapes Custody at Magistrates Court

This driver, represented in the Magistrates Court by barrister Harry Bowyer, conducted an overtaking manoeuvre which involved overtaking a van on the brow of a hill, crossing an unbroken line and forcing an on coming car to leave the carriageway. The entire incident was caught on dashcam. The starting point […]

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Unsecure load involving danger of injury- driver receives only 3 penalty points

Millicent  Dooher represented this driver following a guilty plea to a charge of having an unsecured load involving danger of injury in an HGV. For this offence, the Courts have a discretionary power to disqualify a driver from driving. Millicent was able to convince the Court to deal with the […]

Criminal Defence Comments Off on Unsecure load involving danger of injury- driver receives only 3 penalty points
Police Mistake Cornetto for Mobile Phone!

Barrister, Millicent Dooher, represented this Driver at trial before the Magistrates’ following an allegation of using a mobile telephone whilst driving. The Driver insisted that he had not been on a mobile telephone but had been eating an ice cream at the time. At the trial, Millicent was able to […]

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Card Pulling Driver Escapes Jail in the Crown Court

This driver, represented in the Crown Court by Barrister Harry Bowyer, had been pulling his card to avoid taking his breaks in order to get home early. He had pulled his card some 28 times (More than 6 false records are sufficient to qualify for a trip to the Crown […]

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Prosecution Dropped for Operator Charged with Licence Lending with Intent

Millicent Dooher, barrister, represented this operator before the Magistrates’ Court following an offence of licence lending with intent. The Operator contended that there was no intent for the lending of the licence, having accepted that another was using his licence at the time. Following discussions, the Prosecution agreed to offer […]

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