Criminal Defence Archives | Page 4 of 10 | Smith Bowyer Clarke

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Archive: Criminal Defence

Prosecution Drop 28 Charges Under the Forgery and Counterfeiting Act 1981 after SBC Representations

This Company Director, represented in the Crown Court by barrister Harry Bowyer, was charged with 28 offences of using a false instrument and three offences of making a false record. He had reported his driver card as lost and applied for a replacement. When he found the original instead of […]

Criminal Defence Comments Off on Prosecution Drop 28 Charges Under the Forgery and Counterfeiting Act 1981 after SBC Representations
TfL Private Hire Licence Retained by Driver Following Allegation of Dangerous Driving

Written representations were made by Millicent Dooher, barrister, to Transport for London following an allegation of dangerous driving and 15 safety related complaints arising from this driver’s conduct over 3 years. Through the representations that were made, Millicent was able to convince TfL to allow the continuation of this driver’s […]

Criminal Defence Comments Off on TfL Private Hire Licence Retained by Driver Following Allegation of Dangerous Driving
Driver Avoids Jail After Manipulating His Analogue Tachograph Head to Create False Records

This driver was before the Crown Court having pleaded guilty to manipulating his analogue tachograph head to create false records. He was represented by Millicent Dooher at the Crown Court who, through both mitigation and submissions on case law persuaded the Judge to suspend the period of imprisonment. These offences […]

Criminal Defence Comments Off on Driver Avoids Jail After Manipulating His Analogue Tachograph Head to Create False Records
Driver Avoids Jail for Multiple False Records

Solicitor Laura Newton represented a HGV driver who was prosecuted for 11 offences of False Records involving removing the Driver Card from the Tachograph in order to disguise excess hours being driven / insufficient breaks. The usual starting point for multiple offences in a custodial sentence of 6-12 months, being […]

Criminal Defence Comments Off on Driver Avoids Jail for Multiple False Records
Transport Manager Maintains Good Repute Following Public Inquiry

Having been called to the Traffic Commissioner, this Transport Manager, represented by barrister Millicent Dooher,  was able to maintain her good repute despite failings with the maintenance of the vehicles and questions being raised about the Transport Manager’s continuous and effective control throughout the Coronavirus pandemic. Following evidence and representations […]

Criminal Defence Comments Off on Transport Manager Maintains Good Repute Following Public Inquiry
Another Totter Keeps Licence – Successful Exceptional Hardship Application

Following a speeding offence and an offence of no insurance, this driver was faced with being a ‘totter’ with 12 penalty points to be endorsed on his licence. Following an application for exceptional hardship by barrister Millicent Dooher, this driver was able to avoid any period of disqualification.

Criminal Defence Comments Off on Another Totter Keeps Licence – Successful Exceptional Hardship Application
LGV Driver Escapes Disqualification Following Exceptional Hardship Application.

This driver was represented by Barrister Millicent Dooher. The driver was in possession of 9 penalty points on his driving licence and was facing an additional 3 points and a disqualification for being a ‘totter’ with 12 penalty points. As this driver was a professional driver of LGVs it was […]

Criminal Defence Comments Off on LGV Driver Escapes Disqualification Following Exceptional Hardship Application.
Yet Another Successful Exceptional Hardship Application

Barrister, Millicent Dooher represented this driver who had 9 penalty points on his driving licence and was faced with an additional 10-12 points following 3 additional driving offences. Millicent Dooher was able to convince the Magistrates’ to impose a 1-month disqualification instead of a 6-month disqualification. No penalty points were […]

Criminal Defence Comments Off on Yet Another Successful Exceptional Hardship Application
Transport Manager Acquitted of all 21 Charges of Permitting Drivers to Commit Tachograph Offences

The Transport Manager in this case represented in the Magistrates Court and on Appeal to the Crown Court by barrister Harry Bowyer was prosecuted on 21 charges of permitting drivers to commit assorted tachograph offences. The allegations were highly technical and required a thorough understanding of the drivers’ hours rules […]

Criminal Defence Comments Off on Transport Manager Acquitted of all 21 Charges of Permitting Drivers to Commit Tachograph Offences
Totter Escapes Mandatory Disqualification – Successful Exceptional Hardship Application

Millicent Dooher, Barrister, represented this driver who faced 12 penalty points on his driving licence following 4 speeding offences. An application for exceptional hardship was put forwards on behalf of the driver. This was accepted by the Magistrates’ and the 6-month mandatory disqualification was not imposed.

Criminal Defence Comments Off on Totter Escapes Mandatory Disqualification – Successful Exceptional Hardship Application

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