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It can seem like there is a whole industry devoted to providing advice to those facing road traffic prosecutions. We will not make false promises. We will give you realistic advice and our aim is to get you the best possible result for a reasonable amount of money. We will advise you about funding your case and in some circumstances legal aid may be available or a duty solicitor can represent you at court free of charge. If you pay privately we will usually be able to offer a fixed fee for representation. Call us to arrange to speak to a solicitor.
We are able to offer advice and representation for all motoring offences. This includes the following:
PENALTY POINTS - KEEPING YOUR DRIVING LICENSE
Many people only experience the criminal justice system when they are at risk of losing their driving licence. If you receive 12 points on your driving licence you can be subject to a 6 month driving ban. The best way to avoid this is obviously not to get the points in the first place – this could mean persuading the court to use their discretion not to impose the points to reach this limit. The court also has a discretion to impose a shorter discretionary driving ban and in some cases it may be that a shorter ban is preferable and more just than a 6 month ban. Another way to avoid losing your licence is to convince the court that you or others would suffer exceptional hardship if you lost your licence. An example of this could be that you have caring responsibilities that require you to make frequent car journeys and to lose your licence would impact others. Another example could be that you have a disability which is such that you would be particularly badly affected by losing your licence.
This is a serious offence and carries a mandatory driving ban. Depending on the reading punishment can range from a fine to a prison sentence. There are a small number of defences to this offence, for instance, that you consumed the excess alcohol after you were driving, or that you were not driving on a road or in a public place. As well as defences there are also special reasons that if accepted can result in you not receiving a driving ban. Special reasons hearings are like trials and involve giving evidence on oath. A special reason could be that you only drove due to an emergency or that your drinks were laced. If you do not have a defence or a special reason argument it can still make a difference to your sentence if you are explain to the court the reason for your driving and the effect that a sentence or ban will have on you and others. The court has some discretion in sentencing. We can advise you on your options. Contact us to discuss your case.
DRUNK IN CHARGE
This is an allegation that you were in charge of a motor vehicle and intended to drive whilst over the alcohol limit. This is often charged when people are “sleeping it off” in their car and have the keys in the ignition – perhaps to listen to the radio or have the heater on. It is a defence if you can show that you had no intention to drive until your alcohol limit was below the legal limit. If convicted you could receive 10 penalty points or a driving ban.
It is now a criminal offence to have quite low levels of both illegal and prescription drugs in your system whilst driving. It used to be that the prosecution had to show that your driving was impaired but this is no longer the case. We can advise you on any possible defences and represent you at your hearing. The penalties for drug driving are a minimum 12 month ban and a fine to a prison sentence
This is a serious offence that can be heard in the Magistrates Court or the Crown Court and can result in a prison sentence. The allegation is that the manner of driving falls far below the minimum acceptable standard expected of a competent and careful driver. The CPS give examples of the type of driving that may be charged as dangerous. This includes but is not limited to: driving whilst feeling sleepy; driving aggressively; driving a vehicle knowing it has a dangerous fault; being distracted by using a mobile phone; driving whilst not being able to see clearly. It is important to receive legal advice if you are interviewed or are charged with this offence. In some cases we may be able to make representations for the charge to be reviewed or you may have a defence. Call now to speak to a solicitor to discuss your case or to arrange police station or court representation.
DEATH BY DANGEROUS OR CARELESS DRIVING
It is awful for everyone involved, including the driver, when somebody dies as a result of a driving incident. The police quite rightly take these cases very seriously and specialist police officers are usually involved in both the interview and prosecution of these offences. Often there is a lot of media attention. We have experience of representing people facing these allegations. However bad you feel about what has happened and may wish to co-operate with the police as much as you can it is imperative that you obtain legal advice from the earliest stage possible. Decisions made early on in the investigation can impact on how these matters are finally dealt with. If necessary we are able to instruct experts to analyse your case and test the prosecution evidence. Call us to discuss your case with a solicitor or to attend for interview.
Tildens is a trading name of Tildens Ltd. | Authorised and regulated by the Solicitors Regulation Authority. SRA NO: 633830 | Terms and Conditions
Director: Sarah Smith. Registered in England and Wales | Company Number: 10334130 Registered Office: 95, Ditchling Road, Brighton, BN1 4ST