An Interesting Drunk In Charge Case For Motoring Solicitors

Posted on: February 10th, 2014 by steve

Even Solicitors & Barristers can be surprised by the court!

Another great result for a client last week, albeit much sooner than expected. The client was facing a Drunk In Charge allegation and was pleading Not Guilty on the basis that he would not have driven until such time as his alcohol level would have been under the limit – in effect he was going to ‘sleep it off’ in his car after a row with a partner.

The client attended City of London Magistrates Court and was met by one of our expert Barristers who ran through the events of the day and explained what would happen next. When going into court the Judge tried to put pressure on our client to change his plea to one of Guilty – indicating that he would not disqualify him if he entered a Guilty plea that day. Following a brief consultation with Counsel our Client maintained his Not Guilty Plea. The Barrister indicated that all prosecution evidence was accepted and that the only witness at the Trial would be the client himself.

Amazingly the Judge indicated that he had a bit of time and would hear the matter immediately! No adjournment necessary.

Luckily our Expert Barrister was able to reassure the client and the matter was heard with the Judge even indicating that the Barrister need not present a closing argument as he had reached a decision – Client found Not Guilty, costs order awarded.

A wonderful result for a great client, due largely to the professionalism and experience of our Expert Barrister. A less confident Barrister may have refused to allow the case to be heard that day – costing the client more money and causing a lot more stress.

Do you need help with a motoring matter? Contact us!

INITIAL ADVICE IS ALWAYS FREE: 01623 397200

Drink Driving Special Reasons Short Distance: How Far Is Too Far?

Posted on: February 7th, 2014 by steve

Helen

How far is too far?

Drink Driving. We all know it means a disqualification but what if you only drove a very short distance? What if you only moved the car for a really good reason? What if you had to move the car for safety/to stop it being impounded/because it posed a hazard?

There are 3 ‘Special Reasons’ where you can ask the courts not to impose a disqualification even though you are pleading Guilty to Drink Driving.

One of these is Shortness of Distance Driven, so how far is too far?

We often get people contacting us to say they only drove ½ a mile, or they were only going to be in the car a couple of minutes – but in truth there is no specific distance that is too far or rather, that is the right distance – every case has its own merits and every court will assess each case individually and sentence accordingly. Why you drove, when you drove and where you drove can be just as important as how far you drove.

If you think you may have grounds to try and avoid a disqualification give our team a call on 01623 397200, we’ll listen to you and give you feedback as to the likelihood of your application being successful. It can’t hurt to check and we always promise to be honest with you.

Helen Newman
FORREST WILLIAMS

Charged With Driving Without Insurance – I Thought I Was Covered

Posted on: February 7th, 2014 by steve

“But I thought I was covered!”

Car Insurance. We all know it’s a legal requirement, though most of us have it not because the law requires it but because we want it there for peace of mind – for the ‘just in case’ situation – that’s why we pay for Fully Comprehensive Cover instead of just the 3rd Party Cover the law requires.

So what happens if you find out that you’re not covered?

For most people once they discover an issue with their policy it’s too late and they are charged – but that’s not to say that it’s too late for help.

The penalty for Driving without Insurance is 6-8 points and up to a £1,000 fine – so what can you do to avoid this?

Check your policy cover. Price comparison websites are brilliant, but it’s important to remember that the cover they are quoting for may not be identical.

We were recently contacted by a client whose previous policy (business) allowed him to drive any other vehicle with the owner’s consent with 3^rdparty cover. At renewal time he decided to save a few pounds and changed providers, not realising that the new policy did not offer the same level of cover. Unfortunately this only came to light when he was stopped by the police and charged with Driving without Insurance. An expensive lesson to learn.

Check your bank statements. Not many of us can afford to pay the increasingly high premiums in one lump sum every year and take advantage of the option to spread the premiums out across the year. Unfortunately this can mean that a missed payment suspends your cover so it’s important to take time each month to make sure that those direct debits have gone through. If in doubt contact your Insurer.

But what if it’s not your responsibility? What if someone else sorts out the Insurance? Then you might have a defence to driving without insurance.

Driving without Insurance is, in many ways, quite a Black & White issue – you either are insured or you’re not. However there is a little known ‘Grey’ area – when you have been misled into believing you were insured. You cannot assume that cover is in place – that is insufficient – but if you can show that you were led to believe that cover was in place then that could be enough to persuade the courts not to impose any further penalties.

If you think this could apply to you then give our offices a call on 01623 397200 and our team would be happy to have an informal, free chat with you about your situation and advise you further.

Motoring Advice Blog

An Interesting Drunk In Charge Case For Motoring Solicitors

INITIAL ADVICE IS ALWAYS FREE: 01623 397200

Drink Driving Special Reasons Short Distance: How Far Is Too Far?

Charged With Driving Without Insurance – I Thought I Was Covered

Forrest Williams TV