Archive: Criminal Defence
Licence Kept with 19 Endorsed Penalty Points – Successful Exceptional Hardship Argument
Millicent Dooher, Barrister, represented this driver who was in possession of 9 penalty points and facing an additional 10-12 penalty points for 3 further speeding offences. Despite endorsing the driver’s licence with an additional 10 penalty points, the Magistrates’ were convinced not to disqualify the driver at all due to […]
Using an Operator’s Licence with Intent to Deceive – Prosecution Discontinued.
Transport solicitor, Laura Newton, represented an Operator who had been accused of using an Operator’s Licence with Intent to Deceive. The Operator’s case was that although he accepted using a vehicle specified on another’s Operator’s Licence, this was purely a mistake in that he did not understand that the discs […]
Overloading – No Further Action Taken after DVSA Interview.
Laura Newton represented a company and driver at DVSA interview relating to overloading of a van by around 30% of the Gross Permitted Weight. Having made representations to DVSA after the interview, it was decided that no action ought to be taken. Neither company nor driver received a penalty or […]
Prosecution Against Haulier Discontinued
Our Operator client was charged with Using an Operator’s Licence with Intention to Deceive. It was accepted that the Operator had mistakenly believed that he was able to use the margin on another’s licence for his own business, but there was no dishonesty or intention to deceive. Our solicitor, Laura […]
Card Pulling Truck Drivers Escape Jail
These two defendants, father and son, represented at the Crown Court by barrister Harry Bowyer, had pulled their cards on numerous occasions. (One had pulled his card on over 40 separate occasions). SBC negotiated acceptable pleas and were able to put forward powerful mitigation which resulted in one driver being […]
Conditional Discharge for PSV Driver for Tachograph and Drivers’ Hours Offences.
The PSV driver was represented by Millicent Dooher, barrister, at the Magistrates’ Court after the driver was caught by DVSA officers having failed to take a sufficient break and pulling his tachograph card whilst transporting school children. The Magistrates were persuaded to impose a conditional discharge rather than a fine, […]
Driver Acquitted by Jury of Two Counts of Causing Death By Dangerous Driving
In this tragic case Harry Bowyer was instructed on behalf of a motorist who made a right turn into the path of a motorcycle that he had not seen. The motorcyclist and his pillion both died of their injuries. Pleas were offered at an early stage to causing death by […]
Card Pulling Driver (14 times) Escapes Prison
This driver, represented at the Crown Court by Barrister Harry Bowyer, was committed for sentence on 14 charges of “pulling his card.” Drivers in this position are at real risk of immediate prison sentences. In the leading case of R v Saunders; R v Hockings; R v Williams [2001] EWCA […]
Tachograph Offences – Driver Receives Small Fine
An Owner/Operator, represented by barrister Harry Bowyer, pleaded guilty to the offences alleged in his Single Justice Procedure Notice (SJPN). By going through the infringements it was possible to demonstrate that these were all of a minor nature. The Chairman of the Bench wished the driver good luck in the […]
Careless Driving Not Far Short of Dangerous Driving – HGV Driver Keeps his Licence
Helen Newbold, specialist road transport barrister, represented this driver in the Magistrates’ Court where he pleaded guilty to a charge driving without due care and attention, in other words careless driving. The Magistrates watched CCTV of his HGV clipping one car causing it to hit another writing both vehicles off […]
