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.
