Speeding on the M25 in Surrey
Speed cameras on the M25 in Surrey have not been working due to technical and legal difficulties. The M25 is 117 miles long with around 500,000 drivers using it every day; it is one of the busiest roads in Europe. The speed cameras on the gantries have not been working…
Negotiation
I recently represented a client at Aldershot Magistrates’ Court who faced two charges: failing to stop after an accident and failing to report an accident. The sentencing range for these two offences is between 10 penalty points and disqualification. My client was a new driver and faced losing his licence…
Complexity
Charges: Using a hand held mobile phone/driving otherwise than in accordance with a licence/failing to give name and address. The case was heard at Staines Magistrates Court. The background facts of this case were considerably complex. It is an unfortunate fact that the CPS is an underfunded and overworked organisation….
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…
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.
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…
Defence Costs
On 1 October 2012, the Government will limit the recovery of defence costs to the legal aid rates. Which means, when the CPS pursue a worthless prosecution and a privately paying defendant obtains an acquittal, he or she can only recover from the Government what the lawyer would have been…