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Case Studies

Case Study One – Bath Magistrates Court
At Bath Magistrates Court Mr D was facing two allegations of speeding and two allegations of failing to provide drivers details as to the identity of the driver under section 172 of the Road Traffic Act 1988. Using our solicitor not guilty pleas were entered in relation to all matters. Owing to representations from our solicitor just before the Trial took place the prosecution agreed to withdraw the two matters of speeding and the Trial was therefore just in relation to the two matters of failing to give information as to the identity of the driver. At the Trial the solicitor from Motoring Law Defence persuaded the Magistrates that Mr D had never received the original forms asking him to identify the driver as he was no longer living at the address which they were sent to and therefore he couldn’t have returned these forms duly completed within the set time.

Outcome
Mr D was found not guilty and a Defendants Costs Order was ordered and Mr D received back all of the costs which he had paid to the solicitor at Motoring Law Defence.

Case Study Two - Bath Magistrates Court
Mrs H contacted our solicitor from Motoring Law Defence because she had been accused of speeding and also not returning the form identifying who the driver was within the set period of time. Not guilty pleas were entered in relation to both matters at Bath Magistrates Court. Before the Trial took place the solicitor from Motoring Law Defence managed to persuade the prosecution to withdraw the matter of speeding and just concentrate on the matter of failing to give the drivers details. In the Trial itself the solicitor from Motoring Law Defence very effectively argued that Mrs H’s postal service was not working properly and therefore she simply had not received the form asking her to identify who the driver was in the first place and therefore she could not have completed this. Mrs H’s husband also gave evidence at the Trial to say that their postal service was far from adequate.

Outcome
Mrs H was found not guilty before Bath Magistrates Court. An application for her costs from central funds was made by the solicitor from Motoring Law Defence and she received all the costs back that she had paid for her solicitor’s work in full.

Case Study Three - Bristol Magistrates Court
Mr MH contacted our solicitor from Motoring Law Defence because he had been accused of speeding and also not returning the form identifying who the driver was within the set period of time. Not guilty pleas were entered by our solicitor at Bristol Magistrates Court in relation to both matters. The solicitor from Motoring Law Defence made written representations to the Crown Prosecution Service to discontinue all matters against MH as there was clear evidence that the form asking for the identification of the driver had been sent to the wrong address.

Outcome
The solicitor from the Crown Prosecution Service dropped the case against MH in the light of the written representations from Motoring Law Defence and therefore there wasn’t even a Trial. Mr MH then received a payment from central funds for all the money which he had paid to Motoring Law Defence.

Case Study Four - Chippenham Magistrates Court
Ms B was accused of drink driving before Chippenham Magistrates Court. Our solicitor from Motoring Law Defence on her behalf made written representations to the Crown Prosecution Service asking whether they would accept a plea to being drunk in charge in return for withdrawing the matter of drink driving which carries a mandatory ban. The Crown Prosecution Service accepted this offer from the solicitor.

Outcome
The matter of drink driving was withdrawn and replaced by a matter of being drunk in charge. For this matter Ms B received points on her driving licence but was still able to drive.

Case Study Five – Bath Magistrates Court
Ms L was charged with failing to provide a specimen of breath at the Police Station. She instructed a solicitor from Motoring Law Defence and entered a not guilty plea at the court. At Trial at Bath Magistrates Court the solicitor from Motoring Law Defence managed to show with the help of a medical expert that at the Police Station she had been in a state of heightened anxiety and was therefore not able to provide the breath sample because of the stress she was under.

Outcome
The Magistrates recognised that she had a reasonable excuse and she was found not guilty and was therefore able to keep her driving licence.

Case Study Six – Bath Magistrates Court
Mr AB was found by the Police approaching his vehicle in a drunken state. The police asked him to give a roadside breath test and he refused. The Police charged Mr AB with being drunk in charge of a motor vehicle and refusing to comply with the roadside breath test. Mr AB instructed a solicitor from Motoring Law Defence. Our solicitor entered not guilty pleas before Bath Magistrates Court in relation to both matters at court. Matters then progressed towards Trial. Bath Magistrates Court ordered that the Prosecution should give Motoring Law Defence certain information. Shortly before Trial the solicitor from Motoring Law Defence telephoned the Crown Prosecution Service and pointed out that they had not given the documentation to them which the court had asked them to and pointed out how they would be open to criticism for this if matters went to Trial. The Crown Prosecution Service therefore accepted our solicitor’s offer of a guilty plea to the matter of failing to give the roadside breath test in return for the matter of being drunk in charge being discontinued. There was therefore no need for a Trial.

Outcome
In relation to the matter of failing to comply with the roadside breath test Mr AB just received four penalty points on his licence and was still therefore able to drive.

Case Study Seven – North Avon Magistrates Court
Mr SW was accused of careless driving at North Avon Magistrates Court in Yate.  With the help of our solicitor matters progressed to trial.  At the trial at North Avon Magistrates Court the prosecuting solicitor said that Mr SW had performed a U turn in his car and had driven carelessly as he had knocked someone off their motorbike.  Our solicitor, however, managed to persuade the Magistrates that the motorcyclist was in fact at fault as he had been speeding. 

Outcome
North Avon Magistrates Court found Mr SW not guilty and he was able to continue to drive.  Our solicitor made a successful application to retrieve some of the costs he had paid to us. 

Case Study Eight – Staines Magistrates Court
MG was accused before Staines Magistrates Court of drink driving.  After advice from our solicitor a ‘not guilty’ plea was entered.  Our solicitor then put pressure on the prosecution shortly before trial because they had failed to disclose relevant information.  Owing to this the prosecution withdrew the drink drive allegation.

Outcome
No action was taken against MG who kept his driving licence.  A successful application was made by our solicitor to retrieve some of the costs MG had paid us. 

Case Study Nine – North Avon Magistrates Court
ML was accused before North Avon Magistrates Court in Yate of driving without a licence and using a mobile phone while driving.  After advice from our solicitor he pleaded guilty to both offences.  After persuasion from our solicitor the magistrates chose not to disqualify ML from driving and instead just imposed four penalty points.  

Outcome
ML was not disqualified from driving. 

 

Solicitors representing clients at Magistrates Courts and Police Stations throughout the South West at locations including: Bath l Bristol l Chippenham l Swindon l Stroud l Salisbury l  Taunton l Weston-Super-Mare l Yeovil l Cardiff l Newport l Gloucester Cheltenham l Reading l Winchester l Basingstoke l Oxford l Southampton l Portsmouth Bournemouth l Poole & Exeter

 

 

Solicitors representing clients throughout the South West at locations including:
Bath l Bristol l Chippenham l Swindon l Stroud l Salisbury
Taunton l Weston-Super-Mare l Yeovil l Cardiff l Newport l Gloucester l Cheltenham Reading l Winchester l Basingstoke l Oxford l Southampton l Portsmouth l Bournemouth Poole l Exeter