Criminal Defence Archives | Smith Bowyer Clarke

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Archive: Criminal Defence

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 […]

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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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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 […]

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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
Dangerous Driver in Head on Collision Escapes Jail

This driver, represented in the Crown Court by barrister Harry Bowyer, was charged with dangerous driving as a result of a head on collision occasioned by an overtaking manoeuvre undertaken by the defendant. The defendant pleaded guilty at the earliest opportunity and expressed appropriate remorse and the judge, despite a […]

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Card Pulling Driver Escapes Immediate Custody at the Crown Court

This driver, represented by barrister Harry Bowyer,  faced sentence for 20 false record offences in the Crown Court. The Guideline cases suggest that immediate custody appropriate for more than 6 such offences on a guilty plea. After hearing mitigation the Judge decided that the defendant could be dealt with by […]

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