Archive: Criminal Defence
Driver Escapes with an £820 Fine for an 80% Overload
Millicent Dooher, barrister, represented this driver at his sentencing hearing before the Magistrates’ Court following a guilty plea to an overloading offence. The vehicle was a 3.5 tonne vehicle, overloaded by 80%. The fines for these offences are unlimited. Millicent was able to convince the Magistrates to deal with this […]
No Prison for Death by Careless Driving
This defendant, represented in the Magistrates Court by barrister, Harry Bowyer, rolled his car on the way back from the pub, killing his back seat passenger. There were no aggravating features and the defendant was in the bottom sentencing category. Under the new sentencing guidelines this still leaves a starting […]
Company Escapes with £3,600 Fine Following 92% Overload
Barrister, Millicent Dooher, represented this Company at their hearing in the Magistrates’ Court. The Company had been charged with an overloading offence, with the vehicle overloaded by 92%. The Magistrates accepted the mitigation put forward by Millicent on behalf of the Company and imposed a total fine of £3,600.00. Overloading […]
Driver Accused of Card Pulling Acquitted after Trial on 4 false record charges.
This driver, represented in the Magistrates’ Court by Millicent Dooher, was charged with 4 separate false record offences, one allegation being that no card was inserted and three being card pulling allegations. The Magistrates considered all the evidence and agreed that the DVSA could not make out the charges. The […]
DVSA Take no Action on False Record Offences after Representations by SBC
Laura Newton represented a HGV driver, who was invited to an interview under caution in respect of suspected tachograph false record offences. In taking instructions and gathering evidence to present at interview, we were able to persuade the DVSA investigating officer that there were real questions about the reliability of […]
Driver with 33 False Records Escapes Immediate Imprisonment at Crown Court
This driver, represented at the Crown Court by barrister Harry Bowyer, managed to acquire two driver cards which he used to extend his driver’s hours in order to try to save his failing business. He pleaded guilty at the earliest opportunity and had taken particular care not to corrupt his […]
Prosecution Drop Case Involving Driver Not Recording Positioning Journeys.
The driver in this matter, represented at the Magistrates’ Court by barrister Harry Bowyer. The driver had been taking journeys by car to meet his truck and had failed to record the car journeys as “other work.” At the first appearance the defendant pleaded Not Guilty and a trial date […]
HGV driver with 6 false record offences gets fine of £100 per offence.
This HGV driver had been found to have driven without a card, creating a false record. Millicent Dooher represented him before the Magistrates on this matter. Usually, 6 or more offences are sent to the Crown Court, where the Court can look at imposing a custodial sentence. Millicent persuaded the […]
DVSA Discontinue Prosecution Against PSV Driver
A driver avoided Court after DVSA was persuaded to discontinue a prosecution. Our client had been prosecuted for a number of alleged offences, including using a PSV without a Licence, without a CPC and without a Tachograph. The driver had been using an empty minibus to carry items around a […]
Van Overloaded by 57% – Fine Reduced Substantially
In this case was a removals company, represented at the Magistrates’ by barrister Harry Bowyer, had over estimated the amount that their van could carry without being over loaded. The fines for overloading are draconian as the initial fine covers the overload and the first 10% of that load with […]
