MOTORING! HOW SMART IS YOUR LEGAL CHAUFFEUR?

Written by admin
March 21st, 2019

How many times do you hear lawyers refer to cases “Only motoring” or “Some motoring rubbish”? This shows the lack of regard that many practising in the Crown and Magistrates’ Courts have for cases that arise out of road traffic legislation. Only when it is themselves, a close friend, or a family member, do they suddenly realise the devastating effect that some extra points or a six month ban can actually have. Then, and sadly, only then, is it time for some lawyers to put on their thinking caps and start to look for those famous “loopholes”.

At The Johnson Partnership I am pleased to say that all our lawyers are well-versed in all aspects of road traffic law. This is easy to claim, but it is something on which we are happy to be put to the test.

Not only are there the complexities that arise when the Prosecution fail to prove the necessary elements of a particular offence, but there are also questions that surround a court not imposing any points on someone’s licence because they found “special reasons not to endorse”. On a separate level, the whole issue of being allowed to continue driving with twelve points because the court have found the loss of a licence will cause “exceptional hardship” is an area of the law that is far too easily taken for granted and actually needs to have some serious thought and preparation applied on behalf of those who want to make this claim.

Matters can get even more complicated when a driver has two potential claims for “exceptional hardship” in two separate courts at the same time, but can only advance the same mitigation once in any three year period.

Move aside of course the question of what is and isn’t worth taking to the Crown Court on appeal.

Do not assume that every lawyer must be a road traffic expert, simply because it is the sort of area of law where very few people go to prison. In some respects, the opposite is true, because there isn’t the potential clang of the prison gates to focus the lawyer’s mind.

If you have road traffic or motoring issues that are going to see you appearing before a court anywhere in England or Wales you are most welcome to get in touch with The Johnson Partnership either by phone or by email to get proper assistance with what is when all is said and done a proper problem.

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Categories: Road Traffic Law

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