Many motorists will at some point face prosecution for a road traffic offence. Whether this be as a result of an accident or being caught by a speed camera it is important that the issue is dealt with properly. If that motorist is a director or senior employee in your business, how will your business cope if they are disqualified or banned from driving?
Our Business Defence Solicitors can help directors and business owners against all types of road traffic offences and all DVLA issues regarding driver licensing.
We have seen many instances where motorists have taken poor advice from friends, internet forums and self-declared experts when trying to escape the consequences of a road traffic offence.
Recent examples of the consequences of failing to take proper advice:
- Speeding cases where notices to provide driver details have been ignored or not properly completed leading to the imposition of 9 penalty points rather than the 3 which would have been imposed had the notice been properly complied with.
- Deliberately failing to comply with a police drink drive procedure resulting in a 24 month disqualification and unpaid work instead of a 12 month ban and a fine that would have been imposed had the procedure been complied with.
- Claiming someone else was driving in relatively minor motoring offences resulting in imprisonment and a lengthy disqualification instead of receiving penalty points and a fine.
We provide expert advice as to what road traffic defences are available and the likely success in contesting a matter. Our solicitors have extensive experience in successfully contesting road traffic cases.
Specific examples of when you may need representation include:
Contesting a driving offence – We routinely defend a variety of driving offences from speeding through to dangerous driving and primarily focus on defending Directors, Business Owners and Sports Stars. Whether the case requires the expert cross-examination of witnesses or the application of complex legal principles our solicitors have the specialist knowledge and experience to successfully defend these cases.
Contesting drink drive procedures – If the police have not properly followed the rules relating to drink diving investigations the procedure may be invalid. Our solicitors have recently successfully defended a matter in which a seemingly minor deviation in the breathalysing procedure resulted in the defendant being found not guilty.
Avoiding a discretionary disqualification – Many offences carry a discretionary disqualification. Even if you intend to plead guilty to an offence you may still require legal representation to argue against a driving disqualification.
Arguing “Exceptional Hardship” – Most motorists will be aware the receiving 12 penalty points overs a 3 year period will make the liable to a driving disqualification as a “totter”. However a disqualification can be avoided if it is successfully argued that a disqualification would result in “exceptional hardship”.
Arguing “Special Reasons” – Although you may be guilty of a road traffic offence it is possible to avoid penalty points or a disqualification if it is successfully argued that there were “special reasons” why the offence was committed. This is can be a complicated argument and previous cases have determined many instances of what can be regarded as a “special reason”.
If you are or someone in your business is prosecuted for a motoring matter you will be facing the possibility of a financial penalty, increased insurance premiums and in some instances a driving disqualification. This could make a massive impact on your business day to day. Our expert business defence motoring lawyers can advise you as to the likely success in avoiding these consequences and provide expert representation in court.