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

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 […]

Criminal Defence Comments Off on Conditional Discharge for Driver following 12 offences of Failing to Make a Proper Record
Successful Defence: S.172 Charge Withdrawn Against Operator Licence Holder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 […]

Criminal Defence Comments Off on Successful Defence: S.172 Charge Withdrawn Against Operator Licence Holder
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 […]

Criminal Defence Comments Off on Serious Injury by Dangerous Driving Mitigated Down by 50% from Starting Point In the Crown Court
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 […]

Criminal Defence Comments Off on Dangerous Driver Escapes Custody at Magistrates Court
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 […]

Criminal Defence Comments Off on Police Mistake Cornetto for Mobile Phone!
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 […]

Criminal Defence Comments Off on Card Pulling Driver Escapes Jail in the Crown Court
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 […]

Criminal Defence Comments Off on Prosecution Dropped for Operator Charged with Licence Lending with Intent
Fines Only for Driver with 9 Tacho Offences, Including Using a Manipulation Device

This driver, represented by Millicent Dooher, was prosecuted for 9 tachograph offences, the most serious of which being the use of a manipulation device to allow him to work over his hours without any information being recorded on the tachograph. Following submissions, the Court imposed fines for 4 of the […]

Criminal Defence Comments Off on Fines Only for Driver with 9 Tacho Offences, Including Using a Manipulation Device
HGV Driver’s 56 day Disqualification Vacated and 6 Penalty Points Imposed Instead

This Driver, represented before the Magistrates by Millicent Dooher, faced sentence for a speeding offence and a careless driving offence. The Driver had requested that the matter be dealt with by penalty points or a hearing convened. The Courts made a decision in his absence to disqualify him for 56 […]

Criminal Defence Comments Off on HGV Driver’s 56 day Disqualification Vacated and 6 Penalty Points Imposed Instead

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