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Archive for March, 2016

Speeding Case: 85mph in a 50mph

When Olga Green first approached Forrest Williams after being caught driving at 85mph in a 50mph, she made it clear that the most important thing to her with regard to her forthcoming court hearing was doing everything possible to try and avoid a disqualification for her speeding offence.

 

Olga told us that she had been caught by a speed camera on the motorway doing 85mph in a 50mph zone. She explained that she could not give a reason for her speeding offence, and that she believes she may simply have failed to notice the signs indicating a restricted speed limit was in force on that stretch of road.

 

She realised, however, that the speeding offence would be treated seriously by the court as she was travelling at a speed so far over the legal limit.

 

Olga told her case worker that she needed to maintain her driving licence as she travels 40 miles each way to work and then back home every day. In addition, she explained that she has to drive for her work, so she can visit with customers across a wide geographical area.

 

Olga was understandably proud of the fact that, until this point, she had held a clean driving licence. In fact, she had never had any endorsements on her licence since she passed her driving test 10 years ago.

 

Her case worker explained that the penalties for her speeding offence of 85mph in a 50mph would be a fine and either a disqualification within the range 7-56 days OR 6 points. Olga said she would prefer the points, as she could afford to accept them onto her clean driving licence. Her case worker explained that it was not her choice and that the court, in any case, would be looking to punish her.

 

However, when Olga met with Steve Williams in Mansfield Magistrates’ Court for her hearing, he explained that he could mitigate on her behalf and try to persuade the court towards the sentence she could best work around.

 

Steve explained that, as she had been alone in the car at the time of the offence, the weather had been fine and clear and the traffic conditions light, these factors would help.

 

After making his representations to the court, the three magistrates retired briefly to confer and consider sentence. When they returned, Olga discovered that they had taken full account of Steve’s mitigation and, despite her fast speed of 85mph in a 50mph, she was given 6 points instead of the disqualification which she had been dreading.

 

Olga shook Steve’s hand and thanked him profusely. In the worst of circumstances, she said, it was the best possible outcome. 

 

If you need help for a motoring case, speaking to our expert motoring lawyers now on 01623 600645.

 

specialist motoring solicitors in Mansfield

 

Driving Whilst Disqualified: A Case Study

driving whilst disqualified

 

Driving Whilst Disqualified: A Case Study

 

When we took a telephone call recently from Marlon Billson, we recognised his name immediately. This was because just four months ago – in November 2015 – Marlon had been in court for a drink driving offence, which he pleaded guilty to and was subsequently sentenced to a disqualification of two years.

 

Marlon, who had no previous drink driving offences at that time, had been very remorseful and assured us that he fully understood that he was not to drive during his disqualification period. Forrest Williams made him aware that to do so would be a serious offence, with a custodial risk.

 

However, as a result of a situation at work, Marlon made the fateful decision to borrow a friend’s vehicle and collect some building supplies from an empty property which was due to be tenanted the next day. He was stopped by the police as the vehicle he was driving came up as having no MOT. He immediately admitted to the police that he was a disqualified driver and, as such, was not insured to drive the vehicle.

 

Marlon was charged with three offences – driving whilst disqualified, driving without insurance and driving a vehicle with no MOT certificate.

 

When he called us, he was aware that there was a custodial risk and he was very worried about this.

 

He instructed us to act for him and was supported through the process of preparing for the court hearing by Tracy Johnson, the same case worker he had worked with just a few months ago. Marlon told us that he found this continuity reassuring.

 

Once again, Marlon was represented at the hearing by a specialist motoring law barrister, who mitigated on his behalf.

 

His barrister explained to the court that, whilst it was no excuse for him driving whilst disqualified, Marlon’s regular driver had been on holiday abroad and he had been without a driver when the offences took place.

 

Marlon’s barrister assured the court that this was a single occurrence and that it would not happen again. Marlon had, in fact, put in place a system whereby he had a driver to call on at any time.

 

Due to the thorough preparation of Marlon’s case by Forrest Williams, together with the skilful representation of his interests in the court room, a custodial sentence was avoided. Marlon was, instead, ordered to complete 120 hours of unpaid work and his licence was endorsed with 6 points for the no insurance offence. Financial penalties were also imposed.

 

Considering what might have happened at the hearing, Marlon was very relieved and will, in future, abide by the order of the court not to drive whilst disqualified. 

 

Here at Forrest Williams we understand that good people can make mistakes.  If you need a dedicated legal team, call us now on 01623 600645.

 

 

 

Specialist Motoring Lawyers in Mansfield

Tracy Johnson, Paralegal at Forrest Williams Solicitors

 

Alice Barker told her case worker that she had instructed Forrest Williams because they are specialist motoring lawyers in Mansfield, and one of her court hearings was listed at Mansfield Magistrates’ Court.

 

Alice knew her case was complicated, and she told us she was glad that her case worker gave her time to explain what had happened, and also to ask lots of questions during her initial telephone call.

 

Alice explained that she had not just one but four motoring charges, listed at two local courts. The first two charges – failing to notify driver’s details and speeding – happened, she said, as a result of letting someone else drive her vehicle. Although she had informed the police who the driver was, within the time limit, she had been told that she had not completed the form correctly.

 

The second two charges – again failing to notify driver’s details and speeding – were, she told us, the result of her driving her own vehicle but failing to return the completed notice of intended prosecution (NIP) within the time limit due to an administrator who worked within her office not dealing very well with the paperwork side of things.

 

Alice, who runs her own business, explained that she took responsibility for the fact that she had been speeding on the second occasion, but that she honestly believed the NIP which she had completed had been posted back as it should have been.

 

As Alice had 6 points on her driving licence at the time of the alleged offences, her case worker made her aware that she was potentially in a ‘totting up’ situation which may lead to her being disqualified for 6 months on reaching 12 points. This is because the failing to notify driver’s details charges each carry 6 points.

 

Alice’s case worker made her aware that, although we would liaise with the authorities to try and have some of the charges discontinued, we could not guarantee this would work, so we would have to commence full Exceptional Hardship preparation.

 

However, after a period of intensive liaison, both charges relating to the first court hearing were discontinued. Alice was delighted.

 

Shortly afterwards would come the hearing at Mansfield Magistrates’ Court. Prior to the hearing, her case worker continued to liaise with the authorities, making them aware that Alice would plead guilty to the speeding charge but requesting that the second failing to notify driver’s details also be discontinued, for the reasons given above.

 

Alice was once again delighted when her case worker informed her that, subject to Alice pleading guilty to the speeding charge, the failing to notify driver’s details charge would be withdrawn at court.

 

So, as a direct result of skilful and persistent liaison by Forrest Williams, specialist motoring lawyers in Mansfield, Alice’s potential 12 points was reduced to just 3, for the speeding charge she admitted in court.

 

Alice said the results were better than she had dared to hope for, and that she would definitely recommend Forrest Williams to anyone worried about multiple charges and more than one hearing date. 

 

Looking for specialist motoring lawyers in Mansfield?  Call our expert team now on 01623 600645.

 

specialist motoring solicitors in Mansfield

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