In each case, unbeknown to them, they had been caught by a speed camera. The documents in each case had gone to previous addresses and they had never received the documentation. As a consequence of failing to respond they had both been found guilty in absence, had been fined and had their licenses endorsed with penalty points.
They successfully set aside the convictions, the Prosecution had then re-issued the summons alleging that they had failed to provide the necessary information leading to the identification of the driver responsible for committing the original speeding offence.
We successfully argued in each case that it was not reasonably practicable for them to have been able to supply the information and they were acquitted, furthermore, we successfully applied for an Order for Costs. If they had been convicted their licenses would have been endorsed with six penalty points and they would have been fined.
Kristian recently represented a client at Northallerton who had acquired 12 penalty points on his driving licence and faced a ban. His licence was crucial to his employment and if he had been disqualified he would have lost his job. We successfully argued mitigating circumstances based upon ‘Exceptional Financial Hardship’ and was permitted to keep his licence. He can however only use this argument once.
Have you found yourself in a similar situation? If so, please contact our Criminal Department. We can provide you with advice and if necessary, make arrangements to represent you at a competitive fee.
Last week we represented a Defendant who was before the Court for a Public Order Act offence where he had allegedly sworn at the Police. He had some mental health issues and the Officer concerned had dealt with him in a heavy handed, unsympathetic manner.
We successfully defended the case and he was acquitted. In this case Legal Aid had been granted. It might have been difficult for him to defend the case himself as the Police Officer had to be skilfully cross examined. The Police are not always blameless and if you find yourself in that situation you should seek advice from us.
Finally, last week we mitigated a case on behalf of a client who had committed an offence of attempt burglary whilst on licence. He could quite easily have been recalled to prison or indeed imprisoned for this offence. We presented a strong case in advance with some cogent and compelling personal mitigation. Unusually the Magistrates were persuaded to depart from the Sentencing Guidelines and our client received a conditional discharge and therefore has not been recalled to prison.
The festive season is upon us, the alcohol will be flowing. The Police will be randomly carrying out road side breath tests. If you find yourself in trouble call us.
Please contact our criminal team at our Burnley office, which is conveniently located across the road from the Police Station and Magistrates Court, on 01282 450144.
We also operate a 24 hour help line and will be available throughout the whole of the Christmas period on 07866458396.