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

HGV Driver Avoids Crown Court for Using Another Driver’s Card

This driver approached SBC when he was called into an interview under caution for false record offences. SBC represented him there and in the Magistrates Court where the prosecution represented that the case should have been sent to the Crown Court. The case remained in the Magistrates and was dealt […]

Criminal Defence Comments Off on HGV Driver Avoids Crown Court for Using Another Driver’s Card
Overloading – Driver Gets Absolute Discharge

Our client was prosecuted by DVSA following a roadside stop in his company vehicle. The vehicle was found to be overloaded and it was determined that a Tachograph should have been installed and used because of the size of the vehicle. Laura Newton represented the driver at Court and persuaded […]

Criminal Defence Comments Off on Overloading – Driver Gets Absolute Discharge
Driver Runs Down Ex Girlfriend – Charged with Dangerous Driving – CPS Accept Plea to Careless Driving. Fine and 6pp

The driver in this matter, represented by barrister Harry Bowyer, was asked by his daughter to pick her up from the pub where her mother had been drinking all afternoon. The defendant arrived at the pub and loaded his children in the car. He had his new girlfriend in the […]

Criminal Defence Comments Off on Driver Runs Down Ex Girlfriend – Charged with Dangerous Driving – CPS Accept Plea to Careless Driving. Fine and 6pp
False Records (Card Pulling) Charges Reduced Avoiding Case Being Sent to the Crown Court for Sentence

Laura Newton was instructed to represent a HGV Driver. Following a DVSA investigation, the driver was charged with making a false tachograph record (card pulling) and another drivers’ hours offence. False tachograph records are treated very seriously by the Court and can lead to a custodial sentence. In this case, […]

Criminal Defence Comments Off on False Records (Card Pulling) Charges Reduced Avoiding Case Being Sent to the Crown Court for Sentence
Fines for Overloading In the Hundreds Rather Than (Tens of) Thousands of Pounds

Laura Newton represented a company and driver who were both charged with an overloading offence, being prosecuted in the Magistrates’ Court by DVSA. The vehicle was 41% overloaded. Courts have a power to impose an unlimited fine and the penalties quite often are in the tens of thousands, due to […]

Criminal Defence Comments Off on Fines for Overloading In the Hundreds Rather Than (Tens of) Thousands of Pounds
Card Pulling HGV Driver Avoids Sentence in the Crown Court

Our client, a HGV Driver, was prosecuted by DVSA following an investigation at his place of work into Tachograph and Drivers’ Hours compliance. He was charged with 5 offences of creating a false tachograph record and an offence of failure to make a record. The prosecutor indicated that their submission […]

Criminal Defence Comments Off on Card Pulling HGV Driver Avoids Sentence in the Crown Court
No O licence and Driver CPC Charges withdrawn at Magistrates’ Court

Senior solicitor Murray Oliver represented a driver when the the police stopped a Transit van and trailer carrying a digger. They charged the driver with operating without an O licence, failing to have a Driver CPC card using a vehicle with a defective tyre and failing to use a tachograph. […]

Criminal Defence Comments Off on No O licence and Driver CPC Charges withdrawn at Magistrates’ Court
Card Pulling Driver Committed to Crown Court Following Tachograph Offences Escapes with a Fine

This driver, represented by Millicent Dooher, barrister, was sent to the Crown Court to be sentenced for 4 false record tachograph offences. Where these offences are dealt with in the Magistrates’ Court, these attract a fine only. Once they are referred to the Crown Court, the maximum sentence for each […]

Criminal Defence Comments Off on Card Pulling Driver Committed to Crown Court Following Tachograph Offences Escapes with a Fine
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 […]

Criminal Defence Comments Off on Company and Driver Escape with Minimal Fines Following 60% Overload in 3.5 Tonne Van
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 […]

Criminal Defence Comments Off on Not Guilty Verdict for Money Laundering – All Cash Returned Along with the Monies Paid for the Release of the Vehicle.

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