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.

Archive: Criminal Defence

Card Pulling Driver Escapes Jail in the Crown Court

This driver, represented in the Crown Court by Barrister Harry Bowyer, had been pulling his card to avoid taking his breaks in order to get home early. He had pulled his card some 28 times (More than 6 false records are sufficient to qualify for a trip to the Crown […]

Criminal Defence Comments Off on Card Pulling Driver Escapes Jail in the Crown Court
Prosecution Dropped for Operator Charged with Licence Lending with Intent

Millicent Dooher, barrister, represented this operator before the Magistrates’ Court following an offence of licence lending with intent. The Operator contended that there was no intent for the lending of the licence, having accepted that another was using his licence at the time. Following discussions, the Prosecution agreed to offer […]

Criminal Defence Comments Off on Prosecution Dropped for Operator Charged with Licence Lending with Intent
Fines Only for Driver with 9 Tacho Offences, Including Using a Manipulation Device

This driver, represented by Millicent Dooher, was prosecuted for 9 tachograph offences, the most serious of which being the use of a manipulation device to allow him to work over his hours without any information being recorded on the tachograph. Following submissions, the Court imposed fines for 4 of the […]

Criminal Defence Comments Off on Fines Only for Driver with 9 Tacho Offences, Including Using a Manipulation Device
HGV Driver’s 56 day Disqualification Vacated and 6 Penalty Points Imposed Instead

This Driver, represented before the Magistrates by Millicent Dooher, faced sentence for a speeding offence and a careless driving offence. The Driver had requested that the matter be dealt with by penalty points or a hearing convened. The Courts made a decision in his absence to disqualify him for 56 […]

Criminal Defence Comments Off on HGV Driver’s 56 day Disqualification Vacated and 6 Penalty Points Imposed Instead
Dangerous Driver in Head on Collision Escapes Jail

This driver, represented in the Crown Court by barrister Harry Bowyer, was charged with dangerous driving as a result of a head on collision occasioned by an overtaking manoeuvre undertaken by the defendant. The defendant pleaded guilty at the earliest opportunity and expressed appropriate remorse and the judge, despite a […]

Criminal Defence Comments Off on Dangerous Driver in Head on Collision Escapes Jail
Card Pulling Driver Escapes Immediate Custody at the Crown Court

This driver, represented by barrister Harry Bowyer,  faced sentence for 20 false record offences in the Crown Court. The Guideline cases suggest that immediate custody appropriate for more than 6 such offences on a guilty plea. After hearing mitigation the Judge decided that the defendant could be dealt with by […]

Criminal Defence Comments Off on Card Pulling Driver Escapes Immediate Custody at the Crown Court
Truck Driver Acquitted by Jury of the Importation of £11.2 Million of Cocaine after Crown Court Trial

This driver, represented in the Crown Court by barrister Simon Clarke, was acquitted after a 4 day trial in the Crown Court after being charged with the importation of 140 kilos of cocaine that was found in his truck. The Jury was back in 50 minutes with a not guilty […]

Criminal Defence Comments Off on Truck Driver Acquitted by Jury of the Importation of £11.2 Million of Cocaine after Crown Court Trial
Driver acquitted of money laundering charges in France

This driver was charged with money laundering and failing to declare more than €10,000.00, following French authorities discovering 9,000 in the vehicle and a further €9,500 in a concealed compartment in the vehicle. SBC instructed French lawyers and at court, the driver was acquitted of all charges.

Criminal Defence Comments Off on Driver acquitted of money laundering charges in France
Prosecution Offer No Evidence Against Defendant Without a Viable Defence

This defendant, represented in the Crown Court by barrister Harry Bowyer, was charged with assaulting an emergency worker. He had been charged with a motoring offence (hence SBC involvement) and was being booked in at the Police Station. The defendant had told the arresting officers and the custody sergeant that […]

Criminal Defence Comments Off on Prosecution Offer No Evidence Against Defendant Without a Viable Defence
Operator Dealt With by Fine of Only £250.00 For Two Offences Involving Photocopied Operator Licence Discs

This operator, represented by barrister, Millicent Dooher, was facing prosecution for 2 offences of making and possessing a document closely resembling an Operator’s Licence disc, namely a photocopy of the authorised discs. This matter is an either way offence: if dealt with at the Crown Court, it carries up to […]

Criminal Defence Comments Off on Operator Dealt With by Fine of Only £250.00 For Two Offences Involving Photocopied Operator Licence Discs

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