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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.
Appeal Driving Ban »
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.
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.
Dangerous Driving »
It is very important to note 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.
Death by Careless Driving »
Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.
Drink Driving »
Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.
The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person. We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.
Driving Bans »
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.
In any offence of no insurance the main factor in the courts mind will be if the offence was committed deliberately or without knowledge. Correct representation on your behalf in court can have a real difference as to any penalty that may be imposed by the court for no insurance.
Driving Without 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.
We have defended in a significant number of prosecutions in relation to drug driving offences with a high degree of success. The prosecution will regularly seek to convince a Court that simply because a person has traces of a drug within their system, then they must automatically be unfit to drive a motor vehicle. Experience tells us that this is not necessarily the case.
Drug Driving Offences »
The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations. If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately. We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle. There are, and success may well depend upon the speed with which you act when you are prosecuted. Contact us immediately.
Failing to Identify Driver »
In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.
Failure To Stop »
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.
HGV Driving Offence »
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.
There are however circumstances when a person can successfully argue that the police did not carry out correct procedures or in all the circumstances the failure to provide a specimen for analysis was with reasonable excuse. If charged with this you will need the assistance of a specialist drink driving lawyer.
Refusing Breath Test »
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.
It is imperative that as soon as you get this you contact us without delay.
We can discuss your potential problem and the best way to deal with it from that point onwards.
Notice of Intended Prosecution »
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.
Refusing Roadside Breath Test »
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.
Speeding Ticket »
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.
We also understand that maintaining a driving licence with as few points as possible is crucial to your livelihood.
We are able to fully advise and represent you in relation to specific offences surrounding the private hire vehicle and the Hackney Carriage.
Taxi Offences »
If a person has had a driving ban for 3 years then they can make an application for removal of the driving ban after 2 years has been served. For any driving ban in excess of 3 years then an application can be made after half of the ban has been served. This actually means that a person with a 4 year ban can apply to remove the ban after 2 years just like if the ban had been initially for 3 years!
Reduction of Driving Ban »