Archive: Criminal Defence
Tachograph Falsification – HGV Driver Avoids Imprisonment
An HGV driver appeared before the Magistrates Court on suspicion of knowingly making false tachograph records – offences capable of carrying a maximum of two years imprisonment. The driver, who had already admitted the offences to the DVSA officer at the roadside, entered guilty pleas. In mitigation the advocate was […]
HGV Driver Sentenced for Causing Death by Dangerous Driving
This HGV driver, represented at the Crown Court by barrister Harry Bowyer, had collided with a queue of stationary cars killing one driver and injuring others. He had been on the telephone at the time and also faced further counts relating to “card pulling” and other driver’s hours infringements. This […]
Tachograph Falsification and Driver’s Hours Offences – HGV Driver Avoids Imprisonment
An HGV driver appeared before Carlisle Magistrates Court charged with knowingly making false tachograph records – an offence carrying a maximum of two years imprisonment. The HGV driver had admitted the offences to the DVSA at the roadside and in interview, and entered guilty pleas before the Magistrates. In mitigation […]
Operator Charged with £6m Tachograph Fraud Acquitted after 5 week Trial
This Operator, represented at the Crown Court by transport barrister Simon Clarke, was jointly charged with one other Operator and 8 drivers of Conspiracy to Falsify Tachograph records. The prosecution case centred on the repeated and endemic failure by drivers to insert and ‘pull’ their Driver Cards to hide over-hours […]
HGV Driver Avoids Custody for Tachograph Offences
An HGV driver approached Smith Bowyer Clarke having being charged with a number of tachograph offences. These included offences of “knowingly making a false record”, carrying a maximum sentence of two years imprisonment. The HGV driver had admitted the offences to the DVSA at the roadside, but had significant mitigating […]
Using Phone Behind the Wheel, No Licence and No Insurance – Driver Keeps Licence
This driver was summonsed before the Magistrates on charges of using his phone at the wheel, driving not in accordance with his licence, and having no insurance. He had indicated guilty pleas by post but was summonsed to attend as the court was considering a driving ban. The advocate was […]
Perverting the Course of Justice – Defendant Avoids Jail
This defendant was caught speeding on the M1. He already had 9 points on his licence. He paid an associate to take the points for him. Represented by Harry Bowyer, he pleaded guilty at the earliest opportunity and the case was adjourned for pre sentence reports. At the adjourned hearing, […]
Drivers Cleared of Using Magnets on Their Tachographs
Two Polish HGV drivers working for the same company, both represented by Harry Bowyer, were stopped by the DVSA. The DVSA suspected from anomalies on the tachograph readouts that the drivers had been using magnets on their tachographs. Both drivers were adamant that they had not. SBC instructed a leading […]
Van Driver Not Guilty Of Causing Death By Dangerous Driving
An extremely sad case where this driver, represented by Harry Bowyer, hit and killed a 42 year old woman who was riding an electric bicycle home from work in the early hours of the morning. The van driver, also returning from work, was driving within the speed limit, on his […]
HGV Driver Not Guilty of Dangerous Driving
A European driver, represented by barrister Harry Bowyer, was caught by the DVSA with a device that when activated by a key fob would set his tachograph to rest whilst the vehicle was in motion. When activated the device had the unhappy side effect of interfering with the speedometer and possibly with […]
