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Client Charged With Failing To Notify Driver’s Details Has Case Dropped

Debbie Viner first approached Forrest Williams when she received a summons for a charge of failing to notify driver’s details, which related to a minor speeding offence.

Debbie told us that when she received the notice of intended prosecution (NIP) paperwork several months ago, she had replied immediately with the response that the driver on the date in question could have been either herself or her husband. The road mentioned on the NIP was one they both travelled regularly, and they both shared use of the same car. She had, she told us, made all reasonable checks to try and find out who the driver was, but had drawn a blank.

Debbie told us that she was not willing to nominate a driver, without being sure of the identity, as there had been several high-profile cases in the news recently where it had become clear that the person nominated was not actually the driver on the date in question.

Forrest Williams agreed to liaise with the authorities on Debbie’s behalf, setting out her case and detailing the steps she had taken to try and identify the driver. In fact, Debbie had contacted the police on several occasions with a request for photographic evidence, in the hope that this might help her to identify the driver. No reply was ever received.

After a protracted period of liaison that saw a not guilty plea entered, and the trial date approaching rapidly, a decision was finally taken by a Senior Crown Prosecutor at the Crown Prosecution Service to discontinue the charge on the basis of lack of evidence.

It should be noted that the decision to discontinue was made just three days before the trial was due to be heard.

Although a little too close for comfort, a late decision is not unusual when liaising with the CPS. Forrest Williams have much experience of how to conduct these negotiations and would therefore encourage anyone worried about a charge of failing to notify driver’s details to contact them immediately on 01623 600645. It may be possible to argue your case and avoid the need for additional fees as a result of attendance at court.

Debbie was overjoyed about the outcome and said she would recommend the services of Forrest Williams to anyone in a similar position. She said she would not have had the confidence to liaise with the authorities, or known who to contact. As this particular example shows, negotiations can escalate from conversations with the police to the senior ranks of the CPS before a decision is made. Having the confidence and professional skills to liaise at this level are key to getting the best outcome.

If you have been charged with failing to disclose driver’s details, call our expert team now on 01623 397200 for a free review of your case.

Case Study: Driver Caught Speeding At 110mph in 70mph Avoids Ban

Case Study: Driver Caught Speeding At 110mph in 70mph Avoids Ban

 

The relief that Anya Holmes experienced immediately after her hearing at Nottingham Magistrates’ Court was not for herself. Anya had been at pains to explain to her case handler at Forrest Williams that she was most concerned about the effect a disqualification would have on her young daughter, who was very ill and needed ongoing, regular medical attention.

 

Anya did not dispute that she had been speeding on the date in question but explained that she was conscious of running late for work, knowing the company she was temporarily employed by had a harsh late arrival policy.

 

Her recorded speed of 110mph in a 70mph zone was at the very top of the third (most serious) category, so punishable by way of a fine and either a short disqualification of 7-56 days or 6 penalty points.

 

Although Anya was proud of her clean driving licence, she realised that to accept the court’s preferred penalty of a disqualification would mean that she would struggle to take her daughter to hospital at short notice, as and when needed. (Her daughter’s illness meant regular and often unpredictable visits to both the GP surgery and the local hospital.)

 

During the hearing, Anya’s barrister mitigated forcefully on her behalf, detailing the severe medical problems her daughter had encountered so far in her young life, including a cardiac arrest followed by a medically-induced coma which resulted in a brain injury.

 

Whilst the magistrates could not condone speeding, they were minded to award 6 points and a financial penalty instead of a disqualification, due to the impact the latter would have on her daughter.

 

Anya told us that she had learned a valuable lesson, and that she will be mindful of her speed in future. She was grateful to the court for taking her personal circumstances into consideration and told Forrest Williams that she would not have been able to speak up for herself in the way her barrister did during the hearing. Anya felt that her instruction had been money well spent, as she achieved her preferred outcome and felt fully supported throughout the period leading up to – and including – her court hearing.

 

If you have been charged with speeding, call our expert team on 01623 397200 for a free review of your case.

Case Study: Speeding Client Avoids Ban

Kira Donaghue was expecting to be disqualified for up to 56 days at Mansfield Magistrates’ Court this week, and had travelled to her hearing by public transport, in readiness for this ban (which she knew would take immediate effect).

Kira had been charged with a speeding offence – 56 mph in a 30 mph zone – but she had an unusual explanation when she first contacted Forrest Williams for help. It was not something we had heard before, but we listened carefully and quickly realised that Kira was not simply trying to excuse her unlawful behaviour, as people might expect.

Shortly before the speeding offence took place, Kira told us that she had been given a new company car, which was an Audi. Prior to this she had been driving a much older Ford.

Whilst Kira accepted that there would be a period of adjustment from one car to the other, she soon became concerned about the speedometer display in the new Audi. Due to its design, it was very difficult to accurately read what speed she was travelling at.

After the speeding offence, Kira – who had maintained a clean driving licence for over 25 years – started to do some research online. She was shocked to discover that other drivers had also been having problems with the speedometer display of the new Audi, and that the design problem had been acknowledged by the manufacturers.

After some investigation, Kira discovered how to set a digital speedometer on the dashboard, which was much easier to read whilst driving.

Following the advice and support of her case handler, Kira came to court with documentary evidence of the Audi’s speedometer problem.

She was represented at the hearing by an experienced motoring law barrister, who advanced mitigation and ensured that each magistrate had a copy of the paperwork to refer to.

It was clear that Kira had the sympathy and understanding of the bench, from the comments that were made.

The magistrates were minded to sentence Kira by way of a fine and 6 penalty points, which means she can continue to drive as before without disruption to her work and other commitments.

Kira told Forrest Williams she was delighted with this outcome, as she had been dreading a disqualification of almost 3 months’ duration.

She told her case handler that she had felt fully supported throughout the period of preparing her case for court, and thanked Forrest Williams and her barrister for their hard work, which had led to this much-appreciated result.   

If you have been charged with speeding or any other motoring offence, contact Forrest Williams now to get the experts on your side.  Call us now on 01623 397200.

 

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