court victory Archives - Keep My Driving Licence https://keepmydrivinglicence.co.uk/tag/court-victory/ Driving Defence Solicitors Wed, 21 Apr 2021 09:31:32 +0000 en-GB hourly 1 https://wordpress.org/?v=6.1.7 https://keepmydrivinglicence.co.uk/wp-content/uploads/2019/10/cropped-Untitled-32x32.png court victory Archives - Keep My Driving Licence https://keepmydrivinglicence.co.uk/tag/court-victory/ 32 32 LATEST COURT VICTORY – DISQUALIFICATION AVOIDED FOR SPEEDING OVER 100MPH https://keepmydrivinglicence.co.uk/2019/05/speeding-solicitor-guildford-surrey-court-victory/ Fri, 24 May 2019 14:01:49 +0000 https://keepmydrivinglicence.co.uk/?p=210117 The post LATEST COURT VICTORY – DISQUALIFICATION AVOIDED FOR SPEEDING OVER 100MPH appeared first on Keep My Driving Licence.

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Place: Guildford Magistrates Court

Offence: Speeding

Defence: Mitigation

Carl Millar was instructed by Mr E, who faced a disqualification period of up to 56 days for travelling at 108mph in a 70mph speed restriction area.

Mitigation was presented to the Court in an effort to try and persuade them to not disqualify at all and, instead, give Mr E penalty points. The Court were persuaded by the argument and imposed 6 penalty points instead of a driving ban. Mr E required his car to commute to the salon that he works, and also to convey his equipment with him. The court accepted the arguments put forward and Mr E was delighted that he was not disqualified.

 

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LATEST COURT VICTORY TOTTING UP – BATH MAGISTRATES COURT – DISQUALIFICATION AVOIDED https://keepmydrivinglicence.co.uk/2019/05/totting-up-solicitor-bath-latest-court-victory/ Fri, 24 May 2019 12:17:04 +0000 https://keepmydrivinglicence.co.uk/?p=210103 The post LATEST COURT VICTORY TOTTING UP – BATH MAGISTRATES COURT – DISQUALIFICATION AVOIDED appeared first on Keep My Driving Licence.

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Place: Bath Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar was instructed by Mr I, who faced disqualification for a minimum period of six months under the totting up provisions.

Exceptional hardship was advanced on Mr I’s behalf and the Court were persuaded by the arguments. In the circumstances, they did not disqualify him at all from driving.

Mr I was concerned about being disqualified from driving and the impact that this would have upon his business. He had real concerns that the company that he owned would go into liquidation and that he would have to make staff redundant. He was concerned about the collateral damage following on from that, and also concerned that he would not be able to meet his mortgage payments as he did not have any savings to fall back on.

The Court were persuaded by the arguments put forward by Millars Solicitors and he was not disqualified from driving under the totting up provisions.

 

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LATEST VICTORY – DISQUALIFICATION AVOIDED TOTTING UP https://keepmydrivinglicence.co.uk/2019/05/latest-victory-disqualification-avoided-at-sheffield-magistrates-court/ Fri, 24 May 2019 09:01:42 +0000 https://keepmydrivinglicence.co.uk/?p=210095 The post LATEST VICTORY – DISQUALIFICATION AVOIDED TOTTING UP appeared first on Keep My Driving Licence.

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Place: Sheffield Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar from Keep My Driving Licence part of Millar’s Solicitors was instructed by Mr W who faced disqualification for a minimum period of six months under the totting up provisions.

Mr W pleaded guilty to using a handheld mobile telephone. At the time of the incident, he had 6 penalty points on his driving licence. The Court gave him a further 6 penalty points for the offence of using a handheld mobile telephone, and he was now therefore a “totter”.

Powerful mitigation was advanced on behalf of Mr W. In short, a period of disqualification for six months would have meant that his position of employment would be untenable. This would have a significant impact upon his wife and children who were dependant on his income in order to put a roof over their heads. There were real concerns for Mr W that his house may be repossessed.

Another argument undertaken was that Mr W was an electrician working for the local authority in his area. We advanced exceptional hardship to the general public at large.

We relied upon the case of Cornwall v Coke. In that case, the defendant’s appeal was allowed and Judge Lee stated that hardship to the public is a mitigating circumstance, and indeed is a rather stronger mitigation than hardship to the offender, and that therefore the Magistrates did have a discretion to not disqualify in the circumstances.

Mr W was not disqualified and was naturally delighted.

 

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Latest Court Victory – Stockport Magistrates Court – Failure to Provide https://keepmydrivinglicence.co.uk/2019/01/failure-to-provide-court-victory-stockport/ Tue, 22 Jan 2019 17:35:07 +0000 https://keepmydrivinglicence.co.uk/?p=209573 The post Latest Court Victory – Stockport Magistrates Court – Failure to Provide appeared first on Keep My Driving Licence.

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Place: Stockport Magistrates Court, SK1 3DQ

Offence: Failure to provide

Defence: The Crown had not complied with the disclosure rules

Millars Solicitors represented Miss C before Stockport Magistrates Court on 4th January 2019.  Miss C was charged with failing to provide a specimen of breath for analysis.  We successfully persuaded the Court that her final reply on the prescribed MGDDA form was meant as an agreement to comply and not a refusal.  The Crown Prosecution Service had not provided relevant disclosure that had been requested.  At trial, the Judge accepted that the Crown had not complied with the disclosure rules and the case against Miss C was dismissed and she was therefore not disqualified at all from driving.

If you would like advice call our expert team now on 0800 999 5535 or submit your case here

 

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