News

9 September 2009

Keeping drivers on the road - A track record of success for the Beswicks motoring offences team

The Beswicks motoring team has helped hundreds of drivers to stay on the roads.

The key to avoiding a driving ban or significant penalties is to take legal advice at the earliest opportunity. 

Call us on 01782 205 000 as soon as you receive any notice from the police,
or complete our motoring offences enquiry form,  and we will call you.

Here is a small selection of our success stories.

Caught speeding

  • A successful company director with businesses in England and Scotland was summonsed for speeding on a motorway in his new Bentley. Existing penalty points meant that he faced mandatory disqualification for six months under “totting up”.  Given his responsibilities to his many employees, we successfully argued ‘exceptional hardship’ and the client escaped disqualification.
  • A client, who already had nine penalty points and was summonsed for a further speeding offence thereby triggering a mandatory disqualification of six months under the “totting up” provisions.  He needed his driving licence to keep his job as an area manager, travelling throughout UK. We successfully argued ‘exceptional hardship’ on his behalf and saved his driving licence despite reaching 12 points.
  • One of our clients was summonsed for speeding when travelling at 40 mph in a 30 mph zone, having been caught by a mobile speed camera. Our client was adamant that signs were showing 40 mph. Following lengthy research, site visits and witness statements from local people, the prosecution accepted that signage was incorrect and the case was discontinued.
  • Beswicks acts for a number of footballers and a player-coach was summonsed for speeding. This offence meant automatic disqualification for a minimum 6mths under “totting-up” provisions and would have serious consequences on his ability to do his job properly.  We persuaded the court to impose a short disqualification of just 14 days and our client was able to continue with his career.
  • Two professional footballers were summonsed for speeding in excess of 100mph and both faced mandatory disqualification under “totting-up” provisions. On each occasion, we persuaded the court to impose short disqualifications for just seven days for the offence itself rather than for six months under “totting up”.

Drink-driving

  • A client was arrested on suspicion of drink driving and taken to the police station, where he provided a specimen of breath. He was only just over the prescribed limit of 35 and was charged.  A detailed review of evidence, including the CCTV of the custody suite, showed the client consuming throat sweets in front of the police officers who conducted the breath test procedure.  This occurred within 10 minutes of the procedure and is contrary to Intoxilyser Operators Guide. We argued a breach of mandatory requirements and reasonable doubt was established as to the reliability of the breath-test reading and our client was acquitted of the offence.
  • Our client had failed to provide a sample of breath at the police station and was charged with this offence.  We insisted on disclosure of CCTV film from the breath-test procedure room and noted that the officer conducting procedure had failed to ask our client if he had any medical reason for not providing a sample of breath, which is a breach of procedure.  Our client suffered from asthma and would have mentioned this, if asked. The prosecution offered no evidence at trial and the case was dismissed.

Requirement to name driver (s172 notice)

  • A client was summonsed for speeding and failure to notify the identity of the driver. Although the client responded to the summons, it was never received by the police. We persuaded the prosecution to withdraw the offence of ‘failure to notify the identity of the driver’ and they received four penalty points and small fine. The client’s case was funded by legal expenses insurance.

Driving without insurance

  • A client was summonsed for driving without insurance in his daughter’s car. His daughter had purchased insurance over the internet and believed that the transaction had been completed, so told her father that he was insured to drive.  However the transaction had not completed successfully and we successfully argued ‘special reasons’ not to endorse our client’s licence.
  • An international footballer was arrested and charged with four offences, including driving without insurance or a licence. He had mistakenly believed that his native driving licence permitted him to drive in this country. We persuaded the prosecution to withdraw all charges except one licence offence, after written representations were made to the prosecution explaining the situation and providing documentary evidence of the mistake made. 

 Driving without due care & attention (careless driving)

  • A long distance lorry driver was accused by traffic police of using a hand held mobile phone on a motorway.  He was acquitted at trial when the police evidence was discredited.
  • When a client was a accused of careless driving, we requested CCTV film which clearly confirmed our client’s version of events and the case was dropped after a ‘not guilty’ plea was entered.
  • A 17-year old client had a car crash when he collided into an on-coming vehicle and was summonsed for driving without due care & attention. We persuaded the prosecution to agree that our client should attend a Driver’s Improvement Course. He received no penalty point or a conviction and was awarded defence costs.

Other motoring offences

  • A client was summonsed for the offence of having tinted windows beyond the darkness legally permitted. A rectification notice should have been issued by the police, rather than summoning our client. On this basis, the case was thrown out of court and defence costs were paid.
  • A company director was summonsed for driving through a red traffic signal. Although, our client drove over the line at the traffic signal he stopped before reaching the path of other traffic and had no intention of travelling any further. Our client was found ‘not guilty’ at trial and defence costs were awarded.

The key to avoiding a driving ban or significant penalties is to take legal advice at the earliest opportunity. 

Call us on 01782 205 000 as soon as you receive any notice from the police,
or complete our motoring offences enquiry form,  and we will call you.

We defend drivers all over the country.

 

 

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