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Driving Without Due Care and Attention Charge Discontinued

Cindy Morrison* approached Forrest Williams after she had been charged with driving without due care and attention following an incident in which her vehicle hit another car whilst she was reversing in a hospital car park.  Cindy explained to us at the time that she had been visiting a seriously ill relative, and that the weather had been horrendous, with torrential rain.  Although she had felt a slight ‘tap’, she had inspected both vehicles and could see no damage to either, so had continued on her way.

 

However, the incident had been witnessed by a hospital worker, who had made a note of Cindy’s registration plate and notified the police.

 

Cindy was duly approached by the police, interviewed and charged.

 

As she already had 9 points on her licence, she received a summons to court as the ‘totting up’ of points to (or beyond) the threshold of 12 points meant that she would automatically fall to be disqualified from driving for a period of 6 months.  As Cindy relied on her driving licence to be able to work as a Sales Executive, she had asked us for help in preparing an Exceptional Hardship application as she knew that this was the only way in which she might avoid the court’s automatic disqualification for ‘totting’.

 

However, on the day of the hearing, Cindy’s barrister read through the paperwork provided by the Crown Prosecution Service and spoke with the prosecutor about the charge of driving without due care and attention.  He cited case law and queried whether it was in the public interest to proceed with the prosecution, given the circumstances relating to the offence.

 

In an unusual move, the prosecutor reviewed Cindy’s file while in court and made the decision to discontinue the charge against her.

 

Cindy was delighted with this result.  Not only did this mean that she would avoid the automatic 6 month disqualification as a result of ‘totting’, but it also meant that she would be refunded a percentage of her legal fees.

 

Cindy gave thanks to Forrest Williams, with a special mention to the barrister who represented her at the hearing in Mansfield Magistrates’ Court.  Forrest Williams were proud to be able to inform Cindy that every barrister instructed by the company is hand-selected.  Not only do these professionals have to demonstrate excellent advocacy skills and legal knowledge, but also a dedication to client care that is second to none.

 

If you want further information on Careless Driving/Driving without due care got to our specialist Careless Driving page.

 

*Client’s name changed to protect identity.

 

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Drink Driving Solicitors at Nottingham Magistrates Court

Forrest Williams are specialist drink driving solicitors.  We share our clients’ cases while protecting their identity.

 

When Raymond Digby* first contacted us for help, he was mortified about the fact that he was facing a drink driving conviction.  Raymond explained to us that he held a position of some seniority within a university and that he had told only a couple of people about his forthcoming court hearing.  With no previous drink driving convictions in his 30 years of motoring, Raymond could not believe that he now faced a certain disqualification based on his blood alcohol reading of 134ml.

 

Raymond was reassured from our first telephone conversation that he would be allocated a case worker, who would be his first point of contact regarding his case.  This is a service offered to all clients of Forrest Williams, at the point of instruction.

 

Raymond was also assured of our discretion: ie that the information he shared with us would be handled with sensitivity and not shared with anyone other than his barrister.  This was very important to Raymond, as he did not want his employer to find out about the drink driving charge until absolutely necessary.

 

At the Nottingham Magistrates’ Court hearing, Raymond was disqualified for a period of 14 months, to be reduced by 25% on completion of the drink drive rehabilitation course.  He told us he was very pleased with the professional services of both Forrest Williams and his barrister, who had supported him from first telephone call through to the court hearing.

 

Raymond thanked everyone at Forrest Williams for their support at a very difficult time and also for their discretion in ensuring that all telephone and email contacts were made with due regard for his concern that the motoring matter remain confidential.  We assured Raymond that, once he had instructed us, his concerns became our concerns.

 

As Forrest Williams are well aware, it is not only outcomes that our clients are focused on.  Equally important for many of the people who approach us are the way in which they will be treated as they encounter the court system and how well they will be supported as the hearing date approaches.

 

*Name changed to protect client’s identity.

 

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Drink Driving Solicitors Help Clients With English As Second Language

Gilda Birkin* thought that she would be under the legal limit (35mg – breath) after a night out with work colleagues, during which she consumed two large glasses of wine.  She believed that the time which had elapsed since her drinking alcohol, and the fact that she had consumed several soft drinks, would mean she was safe to drive herself home.

 

However, Gilda was pulled over by the police and given a roadside breath test, which she failed.  She was then taken back the police station and breathalysed again, following which she was charged on a breath reading of 62mg.  Gilda was devastated.

 

She explained to us that such a night out is rare, as she has young children, and that a disqualification of any length would make life difficult for her as she works shifts as a nurse.

 

We at Forrest Williams took a full statement from Gilda and appointed a specialist motoring law barrister to represent her at the hearing at Chesterfield Magistrates’ Court.

 

Gilda was pleased by the outcome – a disqualification of 17 months, which will be reduced by 25% on completion of the drink drive rehabilitation course.  When sentencing, the magistrates took account of Gilda’s extreme remorse, her good character and professional achievements, and also the impact of the conviction on her care arrangements for her children and others.

 

Gilda gave thanks to Forrest Williams for the proof reading service offered as part of the fixed fee agreed at the start of her case. As English is not her first language, Gilda was concerned that any documents handed in to court be of a high standard.  She told us she was reassured to know that all her documents had been critically proof read, and revisions suggested prior to the hearing date, so that amendments could be made where necessary.

 

Forrest Williams are drink driving solicitors who are proud to offer a bespoke service and understand that different clients have very different concerns about the legal proceedings they face.

 

We are big enough to fight for you, but small enough to tailor our services to your specific needs.

 

*Name changed to protect client’s identity.

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