Criminal Defence Archives | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Category: Criminal Defence

Driving a Truck or Bus now an Aggravating Feature for Causing Death by Dangerous Driving

The Sentencing Council has published revised sentencing guidelines effective from the 1st July 2023 for a number of motoring offences including Causing Death by Dangerous Driving and Causing Death by Careless Driving. Sentencing guidelines for motoring offences published – Sentencing (sentencingcouncil.org.uk) The sentencing ranges for Causing Death by Dangerous Driving […]

Criminal Defence Also posted in Criminal Defence | Tagged | Comments Off on Driving a Truck or Bus now an Aggravating Feature for Causing Death by Dangerous Driving
Bounce Back Loans and The Traffic Commissioner

In several recent Public Inquiries in which we have been involved Traffic Commissioners have shown an unhealthy interest in “Bounce Back” loans taken out by operators at the beginning of the Covid 19 pandemic. These loans were taken out under rules requiring that the maximum amount loaned must be equal […]

Criminal Defence Also posted in Criminal Defence, How to Stay Compliant with the Traffic Commissioner, Public Inquiries | Comments Off on Bounce Back Loans and The Traffic Commissioner
5 Ways for Directors and Transport Managers to Stay out of Prison

One of the less obvious perks of being involved in the Transport Industry is quite how easy it is to find yourself in a criminal dock facing charges that could alter your life forever. It is often the case that the director or transport manager was oblivious of the cause […]

Criminal Defence Also posted in Criminal Defence | Comments Off on 5 Ways for Directors and Transport Managers to Stay out of Prison
Using a Mobile Phone at the Wheel – DPP v Ramsey Barretto Judgement

The Appellant in this case was caught using a mobile telephone to film an accident as he was driving past. The High Court held that for the purposes of a prosecution under Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) […]

Criminal Defence Also posted in Criminal Defence, Driver Conduct Hearings, How to Stay Compliant with the Traffic Commissioner | Comments Off on Using a Mobile Phone at the Wheel – DPP v Ramsey Barretto Judgement
What Does Offence Code SP30 Mean?

You receive a Single Justice Procedure Notice (SJPN) or Notice of Intended Prosecution (NIP) and see code SP30. What does this mean? Is it for exceeding a statutory speed limit on a public road or for exceeding a 30 mph limit in particular? It is a common misconception that SP30 […]

Criminal Defence Also posted in Criminal Defence | Comments Off on What Does Offence Code SP30 Mean?
Unlimited Fines Mean Unlimited Fines!

Some people may have been surprised by the £86,000 fine that Ant McPartlin received for drink driving. Level 5 fines are now unlimited for cases committed after the 13th March 2015. Defendants are sentenced according to their means which must be declared to the Magistrates on a form or, in […]

Criminal Defence Also posted in Criminal Defence | Tagged , , , | Comments Off on Unlimited Fines Mean Unlimited Fines!
HGV Drivers, Mobile Phones & the Traffic Commissioner – 5 Things You Need to Know

Using a phone behind the wheel is a serious offence, and more so for truck drivers. Below are 5 things all HGV drivers, operators and Transport Managers need to know:   1) Committing this Offence is Easier than You Might Think As a professional driver you will almost certainly know […]

Criminal Defence Also posted in Criminal Defence, Driver Conduct Hearings, How to Stay Compliant with the Traffic Commissioner | Comments Off on HGV Drivers, Mobile Phones & the Traffic Commissioner – 5 Things You Need to Know
Facing Court for Overloading Your Truck? 5 Things You Need to Know

Facing prosecution for driving or operating an overloaded goods vehicle? Received papers from the Magistrates Court? Unsure what you should do next? Here are 5 things you need to know:   1) Both the Driver and Operator can be Charged It is not just the driver of an overloaded vehicle […]

Criminal Defence Also posted in Criminal Defence | Tagged , | Comments Off on Facing Court for Overloading Your Truck? 5 Things You Need to Know
HGV Driver Caught Speeding? – 5 Things You Need to Know

Every driver knows that exceeding the speed limit is a criminal offence which can lead to penalty points, a fine and a driving ban. For truck drivers however, the position is even more serious. If you are caught speeding and hold an HGV drivers’ licence you can expect to face […]

Criminal Defence Also posted in Criminal Defence | Tagged , , , , , | Comments Off on HGV Driver Caught Speeding? – 5 Things You Need to Know
Tachograph Offences – An all too Common Nightmare Scenario

  Consider the following scenario:   You are the operator of a small general haulage business running 6 trucks. So far business has been good to you. You employ 10 drivers and hope to increase to 8 trucks within a year or so. You are your own Transport Manager, but […]

Criminal Defence Also posted in Criminal Defence, How to Stay Compliant with the Traffic Commissioner, Tachograph Offences | Tagged , , , , , , , , | Comments Off on Tachograph Offences – An all too Common Nightmare Scenario

Ask a Question

Let us know how we can help. Just provide a brief outline of your query.







    Free Consultation Motoring Law