Motoring Solicitor

If a person is convicted, at the Magistrates Court, of a road traffic offence then that person has an automatic right of appeal to the Crown Court.  There is also an automatic right of appeal from the Magistrates Court to the Crown Court if a person feels that the sentence that has been imposed by the Magistrates Court is wrong or unduly harsh.

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

If you have been involved in a road traffic accident that wasn't your fault, you may be entitled to compensation.

At Rupert Wood & Son we pride ourselves in giving honest and practical advice to our clients following an accident.

We will consider the merits of your claim, and as long as the claim has reasonable prospects of success, then we will deal with the matter on your behalf under a No Win No Fee agreement.

The purpose of any defence to dangerous driving is to obtain an acquittal.  If this is not possible it may be open to us to argue, on your behalf, that you should face a less serious charge of say, careless driving, which can be dealt with in the Magistrates Court and attracts lower maximum penalties.

It is very important to note also that, just because the police and the Crown Prosecution Service are of the opinion that a driver is at fault, that is not automatically the finding of the Court. At Trafficlawyer4u solicitors we have extensive experience of defending in cases, which have arisen as a result of a road traffic accident. We have access to highly skilled and experienced forensic and traffic examiners who are able, once again to consider all of the evidence in the case and on many occasions will reach a finding which is different to that of the police.

In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation. A detailed examination of the prosecution case can reveal defects to prevent a driving disqualification.

If you are prosecuted for no insurance this will be heard in the Magistrates Court.  Once the prosecution have proved the basic elements of the offence of driving with no insurance, it is up to the defendant  to establish that he was driving with no insurance.

There has been a huge recent increase in the number of police prosecutions against drivers alleged to be guilty of driving whilst unfit because of drug use.

It is a highly specialised area of law and the penalties imposed by the courts in relation to breaches of the law by commercial road haulage operators can be high.

This offence usually relates to the motorist who has provided a positive preliminary test (roadside breathtest) and has been taken back to the police station to provide a further specimen for evidential purposes and fails to do so.

If there are to be any proceedings against you for a road traffic offence you should receive a Notice of Intended Prosecution usually through the post. You may even have been notified this by a police officer you stopped you.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’  Such an offence can cover several situations where a person has not cooperated with a preliminary test, but usually relate to a defendant being physically or mentally incapable of providing it or to so would entail a substantial risk to his health.  The inability to cooperate with a preliminary test, if caused by drink or drugs will not be a defence. If you face prosecution for this traffic offence you need a specialist drink drive lawyer to best represent your interests.

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

As the driver of a taxi, we at traffic lawyer4u understand you are probably at far greater risk of a Road Traffic prosecution than any other road user simply due to the number of hours spent and miles covered on the road.