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12 Point Cases

Recent Cases

The following is just a sample of the work we carry out in a twelve month period. Your privacy is important to us. We have protected identities by use of initial only.

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March 2020

R v G Guildford Magistrates’ Court

Having been detected travelling at 81 mph on the M3 whilst a temporary speed limit of 50 was in place, Mrs. G faced what would have been a ruinous disqualification. By persuading the court of the effects on Mrs. G’s livelihood, and her employees, Ashley was able have the case dealt with by the imposition of penalty points only.

February 2020

R v E Wirral Magistrates’ Court

Having reached 12 points, Mr. E faced a 6 month ban. Ashley was able to prove to the court that would lead to the loss of his employment and, given his age, the prospect of the end of his working life. The court accepted that this would cause an ‘exceptional hardship’ and did not impose the disqualification.

R v R Shrewsbury Crown Court

Mr. R had been convicted of drink driving at the Magistrates’ Court and Ashley was instructed by specialist motoring solicitors to appeal the conviction. Ashley was able to show the Crown Court that the police had not proved that the car park he was on was either a ‘road or a public place.’ The conviction was quashed and Mr. R was awarded his costs.

January 2020

R v L Caernarfon Crown Court

Mr. L, a company director, had been convicted of failing to identify a driver and disqualified for 6 months. Ashley was able to prove to the Crown Court that the notice requiring him to identify the driver had been served on his company instead of him. The court was not satisfied that he had ever seen the notice. The conviction and disqualification were both quashed.

R v T Wellingborough Magistrates’ Court

Charged with drug driving, Mr. T challenged the results of the blood test. The prosecution only served its expert evidence a few days before trial, far too late for the defence to be able to prepare evidence in reply. The court ruled the prosecution evidence inadmissible. The prosecution applied to adjourn the case, but this was refused. The prosecution case therefore collapsed and Mr. T was Not Guilty and awarded his costs

December 2019

R v W Loughborough Magistrates’ Court

By challenging the way in which a blood sample had been taken in a drug drive case, Ashley was able to secure an acquittal and Mr. W’s costs

November 2019

R v D Taunton Magistrates’ Court

In the highest sentencing bracket for speeding, Mr. D faced an immediate disqualification or, perhaps even worse for a new driver, 6 penalty points and a revocation of his licence. By showing the court the effect this would have on his career, Ashley persuaded the court to take the exceptional course of sentencing in a different bracket and imposing only 5 penalty points. On occasions, even a slight difference in sentence can make a huge difference outside of court.

October 2019

R v R Romford Magistrates’ Court

Mr R was charged with drink driving and faced a minimum 3 year ban. Ashley was able to show that some of the alcohol he had consumed had been when the car had been parked after the police had seen it being driven. Expert evidence showed that this was the alcohol that had tipped Mr R over the limit. The prosecution accepted a Guilty Plea to an ‘in charge’ case instead of driving. instead of a ban, the court imposed penalty points only.

R v H Wellingborough Magistrates’ Court

Mr. H had driven his vehicle without insurance and had to plead Guilty. However, Ashley was able to prove to the court that the fault lay not with him, but with the insurance company. Mr. H had fully believed that he was insured. The court imposed an absolute discharge – no points, no fine, no costs.

September 2019

R v V Bodmin Magistrates’ Court

By challenging the class of vehicle involved in a speeding case, Ashley was able to secure an acquittal. The police were unable to show that the vehicle was a panel van instead of a car, which would have lowered the speed limit for the road. If he had been convicted, Mr. V would have been disqualified as he would have got to 12 points

August 2019

R v P Bromley Magistrates’ Court

Mr. P had been charged with using his mobile phone whilst driving. By pointing out all of the inconsistencies and problems in the police evidence, Ashley persuaded the C.P.S. to drop the case before it even came to court. Mr. P was also awarded his costs.

R v S Chester Crown Court

Mr. S, a prominent former sportsman, had been unexpectedly sentenced to an immediate prison sentence for failing to provide a specimen of breath in a drink drive case. Ashley was contacted that afternoon by a very concerned specialist motoring solicitor for guidance. The appeal was lodged that day and Ashley ensured a bail application was listed by the Crown Court the very next day. Ashley conducted the  application, was successful and Mr. S was bailed pending his appeal. The appeal was later successful, with a suspended prison sentence being imposed.

July 2017

R v P Peterlee Magistrates’ Court

Although Mr. P had to plead guilty to drink driving, Ashley was able to show the court that the distance driven was so short that a disqualification was not required. The court agreed that this amounted to a ‘special reason’ not to disqualify.

R v T Derby Magistrates’ Court

Mr. T was charged with drug driving but was adamant that he should not have been over the limit. Once the scientific evidence was challenged, the police had to obtain a full expert report, together with all of the analytical data. Once the police did this, it was realised that there was a problem with the evidence. The case was dropped, and Mr. T was awarded his costs

June 2019

R v A Wirral Magistrates’ Court

By challenging the adequacy of the signage on the road, Ashley was able to secure an acquittal for Ms. A and to avoid the inevitable disqualification which would follow.

May 2019

R v W Workington Magistrates’ Court

By pointing in writing, well in advance of trial, out all the errors in procedure made by the police in a case of failing to provide a specimen of breath in a drink driving case, Ashley was able to persuade the C.P.S. to drop the case which would have led to a minimum 3 year ban if there had been a conviction

April 2019

R v R Wimbledon Magistrates’ Court

The prosecution simply failed to warn the expert witness to attend court to give evidence that Mr. R was over the drug drive limit. The case was dropped and Mr. R was awarded his costs

R v E Bradford Crown Court

Ashley was able to overturn a 6 month ban by satisfying the Crown Court that exceptional hardship would be caused.

March 2019

R v H Wirral Magistrates’ Court

Ashley was able to show that Mr. H had been misled into believing that he was insured to drive a vehicle when, in fact, he was not. The court accepted that this amounted to a special reason not to endorse any points or impose any fine.

Motoring Law Barristers | Motoring Offences | Speeding | Drink Driving | Insurance Offence | UK