Archive for February, 2014

Drink Driving Suspect Delighted No Charge Brought Against Him

Posted on: February 21st, 2014 by steve

DRINK DRIVING – Relief When Not Charged

Forrest Williams recently assisted a male motorist who had been involved in a collision and subsequently bailed to return to York Police Station towards the end of 2013.

Following the collision, the police attended the scene and breathalysed our client who was subsequently offered the statutory option to give either a blood or urine sample. Our client opted to give a blood sample.

Our client asked if Steve Williams, senior partner of Forrest Williams, would attend York Police Station with him. Steve was happy to do this and met with our client at the station, where they had a short discussion about the case before going into an interview room with two police officers.

Steve reminded our client during the interview to mention to the police officers that, following the collision, some of the contents of a bottle of vodka had been consumed in the car while waiting for the emergency services to attend the scene. This was noted by the officers as it constitutes what is referred to as ‘post driving consumption’, and it would have had a bearing on whether or not our client was over the legal limit when actually driving the car.

Several stressful months of waiting followed, during which our client became very worried about the possibility of being charged with a drink driving offence. During this time the team at Forrest Williams offered regular support and reassurance, in the form of phone calls and emails.

During this waiting period, our client’s own blood sample results came back as 225ml, which placed him in the third category. If found guilty of a drink driving offence with a reading this high, and given the fact that he had a previous drink driving offence within the last 10 years, the Magistrates’ Sentencing Guidelines suggest penalties of a low level to high level community order and a disqualification period of 36-52 months.

Our client was understandably anxious about this and contacted the Forrest Williams team often for support.

Then one day, almost 5 months after the collision, our client received a call from an officer at York Police Station saying that no charges would be brought against him. After all the waiting and worrying, it took a little time for this news to fully register. Our client called to thank Steve Williams for his support and representation within the police station and also to thank all the Forrest Williams office staff for their ongoing contact through what had been a very difficult period of his life.

WOULD YOU LIKE REPRESENTATION AT THE POLICE STATION FOR A MOTORING OFFENCE?

CALL US ON 01623 397200

Failure To Provide A Specimen of Breath For Analysis

Posted on: February 21st, 2014 by steve

FAILURE TO PROVIDE A SPECIMEN OF BREATH FOR ANALYSIS – 7 Day Disqualification Imposed By Westminster Magistrates Court

At a recent hearing at Westminster Magistrates Court, our client (currently serving in the armed forces) was delighted when the presiding District Judge disqualified him from driving for 7 days, as well as imposing the usual financial penalties (fine, costs and victim surcharge).

Our client, who disputed the fact that he had been driving the vehicle in question, had originally intended to enter his not guilty plea at the hearing, which would have meant that the matter was adjourned for trial. The District Judge listened to the case and agreed that there were Special Reasons not to disqualify him. This was on the basis that he was not driving.

However, the specialist motoring law barrister who represented our client at the hearing liaised with the prosecutor and the District Judge, making them aware that our client’s military career was at stake should he be disqualified from driving for an extended period.

There followed liaison with our client’s commanding officer, as a result of which a very favourable character reference was faxed through to the court. The commanding officer confirmed that our client’s career would not be jeopardised if a very short disqualification was imposed by the court.

As our client was about to be posted abroad, it was decided – following a short discussion – that the best way forward would be to plead guilty, but with mitigating circumstances.

The District Judge imposed a 7 day disqualification in light of the fact that a very favourable reference had been received and also because full mitigation had been advanced by the barrister, based on a detailed statement prepared within our offices.

Our client confirmed he could work around a 7 day disqualification and said he was delighted to have the matter resolved before being posted overseas. He told us that he was very concerned that he would lose his job as a result of an extended disqualification, and that he was very relieved that the Forrest Williams team had been able to help him to avoid this.

INITIAL ADVICE ALWAYS FREE: 01623 397200

Exceptional Hardship Application Won At Sheffield Magistrates Court

Posted on: February 21st, 2014 by steve

EXCEPTIONAL HARDSHIP FOUND – Case Fully Prepared In Just 4 Working Days!

An excellent result for a client last week in Sheffield Magistrates Court, who managed to retain her driving licence despite having ‘totted up’ to 12 penalty points within a 2 year period.

Our client had told us that she had been deeply affected by a traumatic incident, which had meant that she had had to stop work and give up her accommodation.

The client’s specialist motoring law barrister initially addressed the bench as to whether the most recent speeding matter (35mph in a 30mph zone) could be dealt with by way of a short disqualification, or whether they would be imposing 3 penalty points. While not common practice for a minor speeding offence to be dealt with by way of a disqualification, this can be requested and at times can work in a client’s favour. After consideration, the bench confirmed they felt it appropriate to impose 3 points – which meant the client was definitely in a ‘totting up’ situation.

A full Exceptional Hardship argument was advanced by the barrister, as prepared in our offices within just 4 working days – one of our quickest preparation periods as the client had appointed us very close to the hearing date and was adamant the hearing should not be adjourned.

The chair of the bench discussed the evidence with the barrister, following which the bench retired to consider their position. Upon returning, the bench confirmed that they found that Exceptional Hardship would exist if the client were to be disqualified from driving for a significant period of time.

In an unusual turn of events, the bench confirmed they would disqualify the client from driving for a period of 7 days, confirming that after this period had expired her licence would be clean again.

Even the barrister was pleasantly surprised by this outcome. Not only had the automatic 6 month disqualification through ‘totting up’ to 12 (or more) penalty points been avoided, but our client had avoided having to ‘carry’ the 12 penalty points on her licence until they started to come off.

Our client told us that she was delighted with the result. She can now move forward with her life, taking up the offer of a new job and moving into her own property.

Another very satisfied client who tells us that she would not hesitate to recommend our services – especially when time is of the essence!

INITIAL ADVICE IS ALWAYS FREE: 01623 397200

Motoring Advice Blog

Archive for February, 2014

Drink Driving Suspect Delighted No Charge Brought Against Him

WOULD YOU LIKE REPRESENTATION AT THE POLICE STATION FOR A MOTORING OFFENCE?

CALL US ON 01623 397200

Failure To Provide A Specimen of Breath For Analysis

INITIAL ADVICE ALWAYS FREE: 01623 397200

Exceptional Hardship Application Won At Sheffield Magistrates Court

INITIAL ADVICE IS ALWAYS FREE: 01623 397200

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