In some cases, there is simply no choice but to plead guilty.  In almost all cases, credit will be given by the court for entering a timely guilty plea.

For some drivers though, there is the risk of losing one’s licence and the consequences of that.

We commonly represent drivers facing the risk of a driving disqualification.  A lot can be done to improve one’s chances of avoiding a disqualification.

sentencing and mitigation case studies

allegation of failure to identify driver details (Section 172)

Barry Culshaw of the Motoring Offences Team was consulted by G who had received a summons before Southampton Magistrates' Court alleging a failure to identify driver details pursuant to Section 172 of the Road Traffic Act 1988.  The prosecution case had been brought by Hampshire Constabulary.  Barry Culshaw advised G to enter a not guilty plea on the basis that G had changed address a short time prior to the alleged speeding incident to which the request for driver details related.  G had not received any of the correspondence from the Central Ticket Office of Hampshire Constabulary.  Barry Culshaw made representations to the Crown Prosecution Service with regard to the merits of the case.  When G produced evidence to the Crown Prosecution Service of her change of address at the material time the Crown decided to discontinue the case on the basis that there was "not enough evidence to provide a realistic prospect of conviction".

The decision of the Crown Prosecution Service to discontinue the proceedings was a vindication of G's decision to proceed with a not guilty plea.,  G in the event of conviction faced the prospect of a fine and endorsement of her driving licence with six penalty points or imposition of a period of disqualification from driving.  There was the additional risk in the event of conviction of a minimum period of disqualification from driving of six months under the totting-up provisions had the penalty points been endorsed."
 

allegation of contravening a red traffic light

Barry Culshaw of the Motoring Offences Team was consulted by T who faced an allegation of contravening a red traffic light. The proceedings were brought by Hampshire Constabulary and dealt with before the Southampton Magistrates Court. T was adamant that the lights were showing green when he entered the junction. Two police officers were equally adamant that he had contravened a red traffic light at the junction in question. On Barry Culshaw's advice a traffic management and signing consultant was engaged to visit the junction and to produce photographic and DVD evidence of the traffic light system. The inspection of the expert revealed that the police officers could not have seen from their position the traffic lights regulating T's entry into the junction and having regard to the statements of the officers it appeared inescapable that the traffic lights that they were looking at were the lights on the far side of the junction which were not the traffic lights regulating the stop line for vehicles entering the junction. The expert formulated a report together with DVD evidence and this was lodged with the court and a copy served on the CPS. Barry Culshaw then made detailed representations inviting the CPS to review the merits of proceeding with the case. After due deliberation and a mere two days prior to the trial date the CPS decided to discontinue the case on the basis that there was "not enough evidence to provide a realistic prospect of conviction". This was a vindication of T's decision to contest the proceedings and was also a welcome development for T. At the time of the alleged offence T was a probationary driver with three penalty points already endorsed on the driving licence within the two year probationary period. Had T been convicted of the current offence his licence would have been revoked by DVLA and he would then have had to retake a driving test.

airline pilot and part-time carer spared disqualification

H recently instructed Tim Williamson of the Motoring Offences team in connection with an offence of speeding. H did not deny that she was speeding, but was concerned that she was at risk of being disqualified from driving for a period of six months because she had already accumulated nine penalty points on her driving licence. H worked as an airline pilot and travelled hundreds of miles each day from her home to the airport where she worked, often at very unsociable hours. She was concerned at the lack of public transport available and was very worried that she might lose her job if she were to lose her licence. She also acted as a carer for her elderly parents who lived in another part of the country. Tim represented H at the court hearing and persuaded the court not to disqualify her from driving at all. The court accepted that a six month driving disqualification would cause her and others 'exceptional hardship' and so the client left the court at liberty to carry on driving. Tim earned the gratitude of the client and even praise from the District Judge who heard the case.

reduced period of disqualification for speeding, Southampton

For the purposes of Section 35 Road Traffic Offenders Act 1988, a Court when considering a totting up disqualification, can take into account a driver training course as a mitigating circumstance. Southampton Crown Court so held in the case of R v Tew 12 March 2010. Barry Culshaw of this firm represented Mr Tew who had accumulated 12 points on his licence, but due to a previous driving disqualification, now faced a minimum 12-month ban. Barry appeared before His Honour Judge Leigh QC and two lay justices and successfully argued that the Court could take into account driver training. The Court decided to impose a three month driving disqualification with the result that Mr Tew will now serve a much reduced period and also have his slate wiped clean. 

totting up disqualification

Our client had nine points on his licence, all for speeding. He was caught driving at 116 miles per hour. He was facing a driving disqualification of at least six months. He contacted Philip Somarakis of the Oxford office of the Motoring Offences team who represented him at Weymouth Magitsrates Court. He was disqualified from driving for 21 days and fined £400.

For more information please contact Tim Williamson, a solicitor in Blake Lapthorn solicitors' Motoring Offences team in Oxford on 01865 253286 or tim.williamson@bllaw.co.uk.