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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