SOME CASE STUDIES WHERE LEGAL HELP HAS IMPROVED THE CLIENT'S SITUATION

Exceptional Hardship
We have dealt with many clients who have totted up to 12 points and therefore potentially suffer a 6 month disqualification without proper factual arguments put to the court. We have attended court and have been 100% successful in persuading magistrates to enable the client to remain driving with 12 points endorsed on their license.

Excessive speed
112mph on Motorway – attendance at court no points awarded reduced disqualification period to 28 days and reduced financial penalty to £100.

73mph in a 40 zone – potential 6 points/56 day disqualification and significant fine reduced to 3 points and £120 fine. Through applying the law and sending a mitigation letter in absence.

Totting up 12 points
We try to avoid clients doing this. We use the law to advance technical arguments and test the prosecution evidence and recommend this is carried out long before points start to accumulate on a license. However we are often approached by clients who currently have 9 points with a further NIP or summons that could result in 3 on more points. The earlier the clients contact us the greater the chance of us successfully arguing for the case to be withdrawn by the prosecution due to their having insufficient evidence to prove their case.

Where clients contact us after they have responded to a NIP or received a summons we have been successful in many cases advancing arguments to prevent people being disqualified for long periods of time.

The advantage of a totting disqualification is that it wipes the slate clean and all points from your license, it is for a mandatory 6 months – however if a further 12 points are totted on a licence within 3 years of a previous totting disqualification the next period of mandatory disqualification is 12 months – unless we get involved to reduce the penalty/advance a technical argument.

Where a totting disqualification is too long for the client arguments can be put to the court to disqualify for a short period for the offence alone – no points are awarded but the existing points will remain on the license. In some circumstances the court can be persuaded to award a reduced period of totting disqualification where we can establish that 6 months would cause exceptional hardship but 2 months for example would not.

In all cases the client has the option to fully test the prosecution case. We can query the validity of the technical information, camera calibration and correct operator usage. Where we can establish faults in procedure cases are withdrawn and the majority of costs recovered.

Call 0845 430 4901 now or e-mail an enquiry form to us.

Avoiding lengthy Disqualification
46 in a 30 - 9 points on license – Solicitor attendance. No points awarded and 14 day disqualification instead of 6 months for totting to 12 points. Fine relative to clients means £200 + £35 costs and dealt with in client’s absence to avoid distress.

2.5 years disqualification and potential custody reduced to one year disqualification. Initially disqualified by two separate courts, 6 months and 12 months respectively – client unaware as out of the country, upon return drove car – stopped by police and arrested for driving whilst disqualified. We attended the separate courts and had two disqualifications set aside to be reheard with opportunity to defend. Ensured one withdrawn completely and the other, a disqualification was reduced from 12 months to 14 days. Then dealt with driving whilst disqualified and a potential custodial sentence reduced to 12 months disq. Fines total significantly reduced to £810.

Failure to give details
We have represented businesses who have failed to provide the identity of their vehicle drivers – Where we have been able to establish that it is reasonable for our particular clients not to keep a record of who drives what vehicle when, the cases are withdrawn.

Where individual clients have failed to do so, it has in some instances been to their benefit if the original offence was for an excessive speed or would attract more than 3 points. Currently the law dictates that 3 points and a fine be awarded for failing to furnish information – this is due to be revised to 6 points when the new Road Traffic Bill is implemented later this year.

In other cases where the client does not respond – technical arguments can be advanced at the subsequent hearing to have the case withdrawn.

Due Care and Dangerous driving
These cases are inherently complex – recently we have been successful in achieving the withdrawal by the police of an allegation of dangerous driving by questioning their identification evidence.

A recent success at trial involved a summons for dangerous driving where a pedestrian had been struck and injured by our client driving a car. We were able to argue on the facts alone that the pedestrian had caused the accident and technically (through the use of an accident reconstruction expert) that there was no reliable evidence that our client had been speeding prior to, during or immediately after the accident. He had indeed avoided a fatality by his quick evasive actions. Costs in excess of £6,000 were recovered.

...and finally, remember the quote from Abe Lincoln:

" A man who represents himself has a fool for a client."