Forrest Williams - 24 Hour Motoring Lawyers

Is It Too Late To Get A Solicitor?

Posted on: May 20th, 2015 by steve

Is It Too Late To Get A Solicitor?

Probably not!

We are used to dealing with clients who seek our advice very close to their Court date, and in particular we helped one client last week despite his last minute call to us for assistance. Charged with speeding – at nearly double the speed limit – he knew a ban was highly likely so had been doing his very best to ignore the situation. He contacted us on Tuesday morning to ask for help – believing his case was due in Mansfield Magistrates Court on Thursday.

We immediately began preparing his case, working with him to build the strongest possible case we could. A quick call to the court to check a few details brought the realisation that actually he was in court the very next day! Understanding that the client needed to know that we had his case in hand we wanted our Senior Partner, Steve Williams to cover it, and feeling that the client would feel even more worried with the case even closer we asked the court if they would consider moving the case to the Thursday, which they agreed to do.

A case can be prepared in 24 hours if really necessary but 48 is always better and if you want to give us 72 or more then that can be really helpful!

We were able to reassure the client that we had his case in hand and that we were going to fight for him – no promises were given but he knew we would do our very best. Our client had no excuse for his speed, he was running late for work and as he worked shifts the early start meant the roads were clear so he was just sailing along making up time. He knew it was wrong, he just needed to try and limit the long term damage this could cause. It was a momentary lapse in an otherwise clean driving history. Together we compiled a portfolio of evidence to show the court the negative impact a disqualification, however short, would have on him and those around him.

The client had his licence endorse with 6 points – a fantastic result for a speed which suggested a disqualification of up to 56 days – especially considering the lack of mitigating factors to explain why he was doing that speed.

For this client a last minute call for help was a wonderful investment – his licence was safe, there was no risk to his job, or to the support he offered his parents. We were able to help him.

We like to think that we can help every person that contacts us. We understand that for most people this is their first time dealing with the courts, and that it can be intimidating and terrifying.

I had a wonderful conversation with a lady who rang for advice on Friday – also due in Mansfield Magistrates and absolutely petrified that she too was going to lose her licence, her job, her house. She’d been driving for 20+ years, never had an accident, never had a ticket before – charged with 36/30 and called to court. A quick review of her papers and a chat and it was clear that this was a simple misunderstanding – she’d paid the fine and returned all the necessary police forms but had got confused about what to send back and hadn’t included her driving licence – so the matter was passed to the court. I explained the process and she was in tears with relief. She didn’t need a solicitor in court with her – but she did need to talk to someone who could tell her what was going on – instead of listening to horror stories from friends or researching on the internet.

If you are charged with an offence give the Forrest Williams team a call on 01623 397200. It’s never too late to ask for advice – even if you’ve just been convicted and want to know if you can appeal – we will promise to answer your questions open and honestly.

New Car Seat Laws In The UK

Posted on: May 13th, 2015 by steve

Helen Newman of Forrest Williams

Are you Seatbelt Savvy?

Hi, I’m Helen. I’m a paralegal. I’m a Mum of two. And generally I like to think of myself as fairly law abiding. Until recently that is. When I realised that I had potentially been breaking the law with my choice of car seat for my 12 month old son.

Do you know about the new car seat laws in the UK?

Anyone with children will know that they like to change the guidance on well, pretty much everything! Wean them at 3 months/4 months/6 months… put them down to sleep on their front/on their back… It’s a minefield of advice and confusion and just general murkiness. I always worked on do what is best for you. With my daughter I followed everything they told me religiously, went to all the classes going, read everything they gave me, and now with my second child, I’m much more relaxed. I mean my daughter has made it to 5 and is fit and healthy so I can’t have done anything too terrible! I’ve just been following the guidance I was given with her and adapting it to meet the needs of my son.

Not once did I realise that there were new EU safety Regulations on child car seats. Not once did I think to check if my car seat was weight based or height based – I mean who knows the difference?! I was shocked when I realised that it had changed so I had a chat with a few of my mummy-friends and can honestly say that not one of them knew about the changes.

The penalty for not using a seatbelt, or using the incorrect seatbelt is a fine of up to £500. As a basic rule if there is a seat belt then you must use it. Reading through the guidance there are exceptions but for me my priority is the Child-Seatbelt section.

So here it is, my advice and guidance to you – taken directly from the gov.uk website in the hopes that you won’t get caught out by this:

Children must normally use a child car seat until they’re 12 years old or 135cm tall, whichever comes first.
Only EU-approved child car seats can be used in the UK. These have a label showing a capital ‘E’ in a circle.

Seats, as reported above, can be Height based or Weight based – and this is where I believe parents could, very innocently and unintentionally, fall foul of the law.

Height-based car seats

Height-based car seats are known as ‘i-Size’ seats. They must be rear-facing until your child is over 15 months old. Your child can use a forward-facing car seat when they’re over 15 months old.

Your child’s weight does not matter in a car seat of this type.

Weight-based car seats

Weight-based car seats must be rear-facing until your child weighs more than 9kg. Which seat they use after then will depend on their weight.

Child’s weight Type of Car seat

9kg to 18kg Rear or forward-facing baby seat

15kg to 25kg Rear or forward-facing child seat (booster seat)

Over 22kg Booster cushion

So as you can see, height doesn’t come into it at all!

There are few exceptions where a child can travel without a car seat:

In a licensed taxi or minicab children under 3 years of age can travel without a child’s car seat or seat belt, but only on the back seat while children aged 3 years or older can travel without a child’s car seat if they wear an adult seat belt.
In a private car if it is an unexpected, necessary and short (all of which to me seem very subjective) journey, then a child over 3 years of age can use an adult seat belt but you can’t take children under 3 in a vehicle without a seat belt or the correct child car seat (except a taxi or minicab).
If there is no room for a third child seat then children over 3 years can sit in the back using an adult belt. If the child is under 3 then they must be in a child car seat. If there’s no room for a third child seat in the back of the vehicle, the child must travel in the front seat with the correct child seat (remembering to switch the airbags off if necessary).
If the vehicle does not have seat belts a child over 3 can travel in a back seat without a car seat and without a seat belt if the vehicle doesn’t have one. But children under 3 must be in a child car seat. If there’s no seat belt, they can’t travel.

If you are unsure about the type of car seat you have then any of the major suppliers should be able to help you – generally I have been informed that the new Height Based ones are clearly marked with an ‘I’ on them and will have been a recent purchase (probably post July 2013 when the new regulations came into effect).

Exceptional Hardship in Willesden Magistrates Court

Posted on: May 7th, 2015 by steve

Katie Forrest of Forrest Williams

Exceptional Hardship in Willesden Magistrates Court

Zandra Willows appeared in Willesden Magistrates’ Court today where the District Judge considered her Exceptional Hardship application.

Zandra first approached Forrest Williams in a panic the day she received a summons for a speeding offence that had happened several months ago. As there had been no offer of a Fixed Penalty Notice, she wrongly assumed the matter had gone away and had forgotten about it.

Then, out of the blue, she received a postal requisition notice informing her of her hearing date and warning her that she faced a possible disqualification from driving.

A paralegal at Forrest Williams advised her that, as she already had 9 points on her driving licence at the time of the speeding offence, she was in a ‘totting up’ situation and would be disqualified for a period of 6 months unless she was able to make a successful Exceptional Hardship application.

Not surprisingly, Zandra had no idea how to set about preparing such an application. As she told her case worker during their first conversation, she had never appeared in court before. She was, in fact, terrified of what was going to happen next.

Once we had reassured Zandra that she had grounds with which we could build a strong application, she started to feel a weight lifting from her shoulders. Not only did she need her driving licence in order to do her job, but also to make regular access visits to her children, who reside with her ex-husband.

In addition, Zandra’s elderly parents also rely on her as a driver, for hospital appointments and shopping trips, etc.

Whilst the District Judge was prepared to punish Zandra for her ‘totting up’ of points, he also had to take into account to effect of a 6 month disqualification on those family members who relied on her as a wage earner and a driver.

It was this that influenced the District Judge to find in Zandra’s favour and allow her to keep her licence today.

Zandra said she was deeply appreciative of all the assistance and support she had received from Forrest Williams and thanked them for keeping her on the road.

If you are at risk of a totting up ban, call our expert team now on 01623 397200 for a free 30 minute consultation to discuss your case.

Motoring Advice Blog

Is It Too Late To Get A Solicitor?

New Car Seat Laws In The UK

Exceptional Hardship in Willesden Magistrates Court

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