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Motoring Law Defence
Below you'll find information on arguments/reasons that can be used in court for mitigation to motoring offences. If you have any questions that haven't been answered please contact us and we will answer any questions you may have.
Special Reasons Argument:
Many offences such as Driving Without Insurance carry the obligatory endorsement of penalty points. Other offences such as Drink Driving carry a mandatory disqualification. The words ´obligatory´ and ´mandatory´ mean that the court have no choice but to impose the points or the disqualification unless there are extenuating circumstances relating to the commission of the offence also known as ´special reasons´ as to why the defendant should not be penalised.
A special reasons argument will often take place by the hearing of evidence similar to that of a trial. With the extenuating circumstances being established via the cross examination of prosecution witnesses and the giving of evidence on oath by the defendant and other potential defence witnesses.
We will determine if there are ´special reasons´ in your case such as; shortness of distance driven, medical emergency or in cases of No Insurance whether you were misled into believing that you were covered by a policy.
Exceptional Hardship Argument:
As discussed above many offences carry the obligatory imposition of penalty points. If you accumulate 12 penalty points within a period of three years (calculated by reference to the dates of each offence not the date of any sentence hearing) you will face a totting up disqualification. The court can disqualify for any period that it thinks fit subject to a minimum period of 6 months (greater minimum periods exist in certain circumstances).
If you fall liable to a totting up disqualification you will require expert advice and representation if you are to identify and successfully plead ´exceptional hardship´.
This means that the affect of such a ban would not simply cause hardship (its designed to be a punishment!) but it would cause exceptional hardship to you or another person.
Your Motoring Solicitor will know what the Magistrates are looking for if they are to use their discretion favourably and how it should be presented. Examples may include; loss of employment, inability to provide for dependants, the affect that the ban would have on a disabled driver or disabled dependant. Any affect that could be considered ´out of the ordinary´ will be considered for example if a ban would affect a business to such an extent that redundancies could be considered.
If the court is satisfied that you would suffer exceptional hardship as a result of a ban it has the discretion not to impose that driving ban but to deal with the matter by the way of penalty points.
Discontinuance on grounds of lack of public interest:
Your specialist Motoring Solicitor will review the prosecutions case to determine whether it meets the C.P.S ´charging standard.´ Which is a criteria that must be adhered to before a decision to prosecute can be made. We are adept at persuading the C.P.S that it is not in the public interest to proceed with the matter due to exceptional reasons attached to the commission of the offence or to the circumstances of the individual
How much will my case cost?
Our objective is to provide both specialist and realistic advice at a cost that represents value for money. Our fees are clear and easy to understand.
In the vast majority of cases the fee will be fixed at the very outset meaning there are no hidden costs. Payment plans are available to spread the cost.
If Legal Aid is available then we will also be willing represent you.
All initial enquires for advice are free with no obligation. If you wish to speak to one of our professional motoring solicitors about any legal motoring defence issues please call on 0333 011 0515 or leave a message and we'll get back to you.
Our services are available throughout the North West including Liverpool and Wirral.
Free initial advice can consist of a 20 minute telephone call or a 30 minute meeting in our Liverpool office. Which ever suits your needs best.
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