CASES INVOLVING ACCIDENTS OR NEGLIGENT
These types of case involve a number of different
scenarios ranging from driving without due care and attention
to causing death by dangerous driving. There are other types
of cases in between such as dangerous driving and causing death
by careless driving. The less serious types of case are dealt
with in Magistrates’ Courts.
The more serious cases may be referred to Crown Courts for
hearing by a judge and jury.
In general terms, driving without due care and attention occurs
when the standard of driving falls below that of a reasonable
driver. Examples include minor road traffic collisions. Dangerous
driving occurs when the standard of driving falls far below the
level of driving expected of a reasonable driver. Examples will
include grossly excessive speed, serious accident and police
chases. A conviction for this type of offence will lead to a
driving disqualification and a re-test at the end of the period
of disqualification.In addition to the above offences, the law
requires you to stop and exchange details and to report any accident
to a police station. If you fail to comply with these obligations,
you face being prosecuted for failing to stop after an accident
or failing to report the same. For more information
on any of the above accident or negligent related offences
or for representation in a Magistrates’ or
Crown Court please feel free to get in touch to discuss your
TAXI CAB LICENCE HOLDERS
We have experience of attending Council disciplinary
hearings and have conducted appeals against the revocation
of licences in the Magistrates’ and Crown Courts.
If you are a taxi driver
and have issues with your licence or for representation at
a council meeting, Magistrates’ or
Crown Court, please do not hesitate to contact us to discuss
We have outlined above some of the more common offences which
may apply to you. However, there are hundreds of offences for
which you may have to appear in Court. We cannot cover every
single offence here but will be happy to discuss with you any
query that you may have or indeed to provide you with representation
in a Magistrates’ or Crown Court.
COMMONLY ANSWERED QUESTIONS
My employer had given me a vehicle to use and I have been told
that I am insured to drive the same. It now appears that I am
What should I do?
A person who is driving a company vehicle and has been told that
they are insured should plead not guilty.
I am facing a disqualification for having
twelve or more points on my licence.
Does the Court have to disqualify me?
The Court has a limited discretion not to disqualify
you from driving if there is exceptional hardship that arises.
This must be exceptional hardship and not merely hardship. You
will need to provide evidence to the Court to support your case.
For help with this please feel free to call
Are there any circumstances in which
the Court has discretion not to impose penalty points or to
There are some very limited circumstances available.
The Court will have to hear evidence as to the circumstances
and also announce reasons as to why it has decided not to impose
points or a disqualification. Examples may include driving in
an emergency, driving whilst honestly believing that you were
insured and issues such as drinks being laced. If you feel that
any of these circumstances may apply to your case then please
feel free to give us a call.
I am a new licence holder and am due
in Court for speeding. I understand that the Court may revoke
my driving licence. Is this true?
The Court cannot revoke your driving licence.
Only DVLA at Swansea has this power. They will do so if you attain
six penalty points on your driving record within the first two
years of driving. The Court will therefore decide how many points
to impose for the offence. If this leads to six points or more
being on the licence then the licence holder will be written
to by DVLA and the licence will be revoked. The Court should
not generally impose six points for an offence when they are
not considering disqualification for the offence itself as revocation
has the same effect as a driving ban in any event. We have assisted
many young and newly qualified drivers to retain their entitlement
to drive. If you feel that your driving licence is at risk of
being revoked then please feel free to contact us.
GETTING IN TOUCH
We hope that this information has been of interest and
assistance to you. Please remember that we are a specialist motoring
practice from whom you can be confident of receiving the best possible
advice and assistance in relation to your enquiry. We are appearing
before Courts to represent people on a daily basis and will be
happy to discuss your case with you.
Please feel to give us a call without obligation
to discuss your requirements. Call or
email us at any time.