Drink Drive; Excess Alcohol
There has been recent appeal on the meaning of ‘providing a urine sample’. The driver was a hospital patient and unable to provide a blood specimen but agreed to provide urine. Complications arose in providing the necessary two samples. Ultimately, the appeal was dismissed but it raised interesting questions on…
Firearms Act
In the recent Court of Appeal case, their lordships quash a conviction and rejected an argument that an Italian starting pistol was a firearm; it having been modified. Andrew Henley has been involved in a number of cases involving firearms licences and classification in both Magistrates’ and Crown Courts in…
Examples of Business Prosecutions in Surrey
In July 2012, at the Redhill Magistrates’ Court, a trader was fined for offences under the Licensing Act 2003 in relation to the sale of alcohol to a person under the age of 18. In June 2012, at the Staines Magistrates’ Court, for possession and exposure for sale of counterfeit…
Motoring Offences in Guildford
Each year the police target drink drivers in Guildford and surrounding areas. So, when you book your party, ensure you make appropriate arrangements for transport to your home at the end of the evening, or stay overnight. The minimum ban for an offence of drink/driving is 12 months. The worst-case…
Recent Increase in Speeding Prosecutions
We have seen a recent increase in police prosecutions for speeding in and around Guildford, Surrey. According to legislation, roads in built-up areas with street lighting that is not more than 200 yards apart will normally be restricted to 30 mph. If you don’t see speed signs in roads of…
Complicated Aspects of Road Traffic Procedure
I attended Redhill Magistrates Court to deal with a client charged with an offence of speeding; he had already accrued 9 penalty points and was about to receive at least three more, making him a totter. What dates do you use to calculate a three year period for the purpose…
Removal of Disqualification!
A person disqualified from driving for more than 2 years may apply to have his or her licence returned! Certain conditions apply but call for advice.
Benefits of a conference
Recently I represented a client at the Maidstone Magistrates’ Court. He had accrued 12 points on his license and was expecting to be disqualified. To the lay person, there seemed little chance of a successful outcome. We had a long conference, during which I discovered that material existed which allowed…
The importance of a conference (Limited disclosure of prosecution evidence and an unwillingness by the courts to agree to an adjournment)
Why is a conference necessary before attending court? I attended the Milton Keynes Magistrates’ Court at a first appearance on a drink/drive case. The prosecution disclosure of evidence was minimal, and the court refused to grant an adjournment for me to properly consider the evidence. This situation has been created…
Totality Principle
There is a legal concept called the ‘Totality Principle’ that works in favour of a defendant when a number of matters are heard at the same time; he or she will receive a lesser overall sentence. Dealing with offences in a piece-meal manner will do the client no favours. I…