At PJW, we understand that defending a driving and motor law offence could be the difference between keeping or losing your livelihood. This could well be the first time you have ever faced a criminal prosecution, and you may be unsure and worried about the proceedings.
You will be concerned about what sentence you might get, and particularly if you could lose your licence.
You can expect a robust, committed defence from our Motoring and driving Offences Solicitors, and reasonable fixed prices so that you can budget throughout your case. We will do our best to help you avoid a driving ban, offering mitigation to the Judge/Magistrates on your behalf. Even if you think you are guilty, you could have a valid and lawful defence to the charge. We make use of experienced scientific experts where possible to challenge the evidence put forward by the Prosecution.
Our Middlesbrough Road Traffic Solicitors will give you straightforward advice in easy to understand language, and we will also support you through what can be a very distressing experience. We will give you advice on what you can realistically expect to happen, including advice on what could happen if you are found guilty and sentenced.
Some general advice and information from our Motoring Law Solicitor Middlesbrough;-
If you are charged or summonsed for this offence it is because you are accused of driving below the required standard of a careful and competent driver. The very generalised nature of the elements required to commit the offence means that sometimes there is broad scope to challenge the charge, depending on the specific nature of the circumstances.
The penalty upon conviction ranges from penalty points to disqualification together with fine, based on your financial means.
If you are summonsed/charged following a road traffic accident, even when you accept liability (at does not necessarily mean that you are guilty of any offence. There is a mass of case law which supports varying defences.
There are a number of charges which arise when there is a suspicion or any evidence that a person has consumed so much alcohol as to be deemed unfit to drive a motor vehicle. Whether it be due to failing to provide an analysis; being drunk in charge or driving with excess alcohol.
Whilst the focus in this area often surrounds the procedures involved and the equipment used, analysis of these areas can reveal flaws in the case against you.
There is a general misconception that any of these offences carry a mandatory disqualification. This isn't quite true.
If you are convicted of driving with excess alcohol then there is a mandatory disqualification for a minimum of 12 months unless SPECIAL REASONS exist. We can identify whether you qualify for special reasons.
Similarly, if you are convicted for failing to provide a specimen for analysis, mandatory disqualification exists. The could be a reasonable explanation for failing to provide a specimen and you may not yourself be aware of this.
Other offences in this area are punishable by penalty points to discretionary disqualifications.
If you are acquitted of any offence then you are entitled to make a claim for all or part of your legal costs from Court Central Funds.
Regularly are individuals charged/summonsed with this offence, which is failure to act within the law whenever an accident occurs when there is injury or damage. The driver is required to stop and provide details (including insurance) to any relevant party. Failure to do so can result in prosecution. The driver is also required to report it to the Police as soon as is reasonably practicable, and no later than 24 hours after the incident. Failure to do so can result in prosecution.
However, there are circumstances when reasons exist for failing to stop and report. The driver may not wish to give their details to another driver; the driver may have been intimidated at the scene, or the driver may not even realise that an accident has taken place and thus felt no need to report to Police.
Given that this offences can carry 10 penalty points, it is worthwhile to ascertain as to whether a defence exists.
This is an offence which is known to have strict liability. You either have it or you haven't. It is no defence to believe that you have insurance if you do not. The law is harsh but if SPECIAL REASONS exist you may not be penalised by heavy fines and 6-8 penalty points.
Perhaps the broadest subject when dealing with prosecutions. Whether you are accused of exceeding the speed limit in built up area, dual carriageway or motorway, there are definitive guidelines which can provide an idea of the likely penalty. Excessive speed may result in disqualification. You may prefer to receive a 7 day disqualification rather than penalty points. There are so many variations.
Mechanical and digital evidence has been known to be faulty and there is a wealth of case law which supports cases where evidence has been successfully challenged. You may wish to challenge yours? You may have been caught speeding more than once on the same day on the same road? You may wish to challenge the fairness of multiple prosecutions?
A speeding conviction may put you on 12 points or more, in which case, consider totting up below.
Conviction results in heavy fines and 3 penalty points. It doesn't matter whether you are parked of driving - if the engine is running then you are liable to prosecution if caught.
As with any prosecution, the strength of the evidence, whether identification; corroboration or telephonic forensic analysis may be of assistance with any defence.
Individuals often defend themselves in relation to these prosecutions. Attending court and explaining why they have failed to provide relevant information. Often disappointed to find that their explanation does not suffice as a defence. Seek advice prior to completing the form. Failing to do so could result in 6 penalty points.
Have you been accused of this where the evidence relates to an eye witness? Do you challenge the credibility of that evidence? Is offence carries penalty points and the court do have the capacity to disqualify.
Subject to your finances, you may qualify for Legal Aid, if the maximum sentence for the offence is imprisonment. These are the offences listed below marked with an asterisk (*). Please ask about Legal Aid eligibility for your case.
So call our Driving Offence Solicitors in Middlesbrough for help and advice on speeding, drink driving, driving with no insurance, driving without a licence, and more serious matters such as causing death by dangerous driving.
Our motoring law experts can help you fight any speeding offence, speeding ticket, penalty points, mobile phone use convictions, speeding tickets.
It's important to know that whether the police wish to interview you at home, in the car or at the police station, that you are entitled to free and independent legal aid. This is not means tested. Often it is this first meeting that is most important and can shape the ultimate outcome of your case. PJW offer free police station attendance 24/7.
These exist when certain criteria are met. Whether it be 'reasonable belief' that you were insured; a very short distance driven when driving with excess alcohol, or responding to an emergency of some sort. Even if you are guilty of an offence, you may escape the penalty which comes with those offences; financial; endorsement and disqualification.
It is common for motorists to find themselves in a position where they have accrued a number of points on their licence and then receive a notice of intended prosecution for speeding, for example, which means that they will accrue 12 points or more.
Every driver's nightmare is to have accrued 12 points or more in any 3 year period. Instant disqualification for a minimum of six months., risk of loss of job, home and impact upon family and dependants.
Please know that there is an alternative route. You may argue EXCEPTIONAL HARDSHIP. You may not even know that it exists. It is our speciality. The Court may adopt other ways of agreeing not to disqualify but to allow a driver to continue driving even when there is an excess of 12 points on your licence.
Even if you are driving on an EXCEPTIONAL HARDSHIP argument and you accrue further points, if we can show sufficient change in circumstances, you may still be allowed to drive. One of the writer's clients was successful in advancing exceptional hardship twice in 12 months, first on 15 points and then on 21 points.
We specialise in this area and have successfully kept people on the road on many occasions, saving their jobs and businesses.
This only applies if you are disqualified for a minimum period of two years, but can result in reinstatement of your licence prior to the original expiration date.
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