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Disgraceful!
Driver avoids disqualification after driving 77mph in 30mph speed limit!
Principal Solicitor, Neil Davies, has again secured a very exceptional result for a motorist travelling significantly in excess of the speed limit.
Our client appeared before Trafford Magistrates Court, charged with driving at 77mph in excess of the 30mph speed limit in force. At this speed, the Magistrates Courts Sentencing Guidelines provide that motorists driving at a speed of between 51 and 60mph should be disqualified from driving for 7-56 days ) with the possibility of 6 penalty points, but with a strong emphasis on disqualification.
In court the District Judge confirmed that this was an offence which was “off the scale” in terms of the sentencing guidelines and that any disqualification should be far in excess of 56 days.
In these circumstances Mr Davies, did not accept the invevitability of a lengthy period of disqualification and made submissions that the endorsement of 6 penalty points would in fact act as a longer term deterrent to his client as these points would remain on his licence for 3 years, in contrast with any period of disqualification which would leave no lasting deterrent once the period of disqualifcation was served. He further submitted that dealing with the case in this way would avoid our client from losing his employment, which relied on his ability to drive.
Following some deliberation the District Judge agreed and dealt with the case by way of a fine (£180) and 6 penalty points.
This case is one in a long line of cases in which Neil Davies, has been able to avoid disqualification on behalf of clients who were caught driving significantly above the speed limit, including avoiding disqualification of a driver travelling at 113mph on a dual carriageway. These cases affirm that there is no such thing as a lost cause or the inevitably of disqualifciation.
If this article raises issues which affect you, please feel free to contact us for a free consultation.
I do sometimes wonder how solicitors can sleep at night.
Surely most people could contrive such a defence?
Principal Solicitor, Neil Davies, has again secured a very exceptional result for a motorist travelling significantly in excess of the speed limit.
Our client appeared before Trafford Magistrates Court, charged with driving at 77mph in excess of the 30mph speed limit in force. At this speed, the Magistrates Courts Sentencing Guidelines provide that motorists driving at a speed of between 51 and 60mph should be disqualified from driving for 7-56 days ) with the possibility of 6 penalty points, but with a strong emphasis on disqualification.
In court the District Judge confirmed that this was an offence which was “off the scale” in terms of the sentencing guidelines and that any disqualification should be far in excess of 56 days.
In these circumstances Mr Davies, did not accept the invevitability of a lengthy period of disqualification and made submissions that the endorsement of 6 penalty points would in fact act as a longer term deterrent to his client as these points would remain on his licence for 3 years, in contrast with any period of disqualification which would leave no lasting deterrent once the period of disqualifcation was served. He further submitted that dealing with the case in this way would avoid our client from losing his employment, which relied on his ability to drive.
Following some deliberation the District Judge agreed and dealt with the case by way of a fine (£180) and 6 penalty points.
This case is one in a long line of cases in which Neil Davies, has been able to avoid disqualification on behalf of clients who were caught driving significantly above the speed limit, including avoiding disqualification of a driver travelling at 113mph on a dual carriageway. These cases affirm that there is no such thing as a lost cause or the inevitably of disqualifciation.
If this article raises issues which affect you, please feel free to contact us for a free consultation.
Neil Davies, Principal Solicitor
I do sometimes wonder how solicitors can sleep at night.
Surely most people could contrive such a defence? 0
Comments
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Pretty standard mitigation.
If you can prove a ban will cause hardship to others you can escape with points.
Happens everyday.0 -
Driver avoids disqualification after driving 77mph in 30mph speed limit!
Principal Solicitor, Neil Davies, has again secured a very exceptional result for a motorist travelling significantly in excess of the speed limit.
Our client appeared before Trafford Magistrates Court, charged with driving at 77mph in excess of the 30mph speed limit in force. At this speed, the Magistrates Courts Sentencing Guidelines provide that motorists driving at a speed of between 51 and 60mph should be disqualified from driving for 7-56 days ) with the possibility of 6 penalty points, but with a strong emphasis on disqualification.
In court the District Judge confirmed that this was an offence which was “off the scale” in terms of the sentencing guidelines and that any disqualification should be far in excess of 56 days.
In these circumstances Mr Davies, did not accept the invevitability of a lengthy period of disqualification and made submissions that the endorsement of 6 penalty points would in fact act as a longer term deterrent to his client as these points would remain on his licence for 3 years, in contrast with any period of disqualification which would leave no lasting deterrent once the period of disqualifcation was served. He further submitted that dealing with the case in this way would avoid our client from losing his employment, which relied on his ability to drive.
Following some deliberation the District Judge agreed and dealt with the case by way of a fine (£180) and 6 penalty points.
This case is one in a long line of cases in which Neil Davies, has been able to avoid disqualification on behalf of clients who were caught driving significantly above the speed limit, including avoiding disqualification of a driver travelling at 113mph on a dual carriageway. These cases affirm that there is no such thing as a lost cause or the inevitably of disqualifciation.
If this article raises issues which affect you, please feel free to contact us for a free consultation.Neil Davies, Principal Solicitor
I do sometimes wonder how solicitors can sleep at night. Surely most people could contrive such a defence?
The part in red is rubbish anyway
the disqualification would need declared just like the points0 -
Hard to say quite how bad this is without knowing the specific roads involved. There's a whole world of difference between a 30mph residential side street and a 30 mph rural single carriageway with no houses for miles around, just some roadworks that currently do not have people at work.
Got any more information on the two cases?0 -
as GAz says..pretty standard mitigation....and one which any person is capable of submitting themselves, without recourse to an expensive lawyer.
Whilst a ban may well have to be declared to an insurer.....penalty points have the effect of emplacing a cumulative effect.
In other words, if the defendant subsequently failed to comply with the Law, then the totting-up process might be invoked?
[Although, given sufficiently persuasive mitigation, this, too, can be replaced by more points.]
[I once taught a'driver to Cat C test standard...and he had 18 points on his licence. He retained his licence due to his mitigation, being, the type of job he'd signed up to.]
However, what is often overlooked is, a mitigation plea can only be submitted once......ie for one type of excuse only.
So, if the person concerned decides he's 'got away with it'...and goes out to flout the Law again....and tries to rely on the same mitigation....they will be grossly disappointed!
Often, the 'ban' versus 'points' issue is used on the reverse..ie someone who may suffer from a revocation or loss of licence due to existing points numbers......could go for a ban instead?
Mitigation, and the discretion of the Law is there for all of us to use, not just a select few.No, I don't think all other drivers are idiots......but some are determined to change my mind.......0 -
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Standard solicitor stuff. The guys sleeps well because he worships the God of £££ and has no conscience because he thinks the application of defence in law is more important. Think about it: Would he act for the speeding driver if the guy didn't pay him?The man without a signature.0
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The money he gets paid is enough to buy an awful lot of Horlicks, hence he doesn't have any problems getting to sleep0
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However, what is often overlooked is, a mitigation plea can only be submitted once......ie for one type of excuse only.
So, if the person concerned decides he's 'got away with it'...and goes out to flout the Law again....and tries to rely on the same mitigation....they will be grossly disappointed!
What planet are you on? - Just this year the DM revealed that one driver has 33 points on his licence and that there are others with 30:
http://www.dailymail.co.uk/news/article-2301955/Driver-keeps-licence-despite-racking-THREE-TIMES-number-points-needed-automatic-ban.html
Do you really think that you can only 'get away with it' once? I found the above story while looking for the one I read last year where someone had 56 points. Face it the law is soft on some people and the more they push the more of a pushover the law is.0
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