Criminal Defence Archives | Page 2 of 8 | 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

DVSA Take no Action on False Record Offences after Representations by SBC

Laura Newton represented a HGV driver, who was invited to an interview under caution in respect of suspected tachograph false record offences. In taking instructions and gathering evidence to present at interview, we were able to persuade the DVSA investigating officer that there were real questions about the reliability of […]

Criminal Defence Comments Off on DVSA Take no Action on False Record Offences after Representations by SBC
Driver with 33 False Records Escapes Immediate Imprisonment at Crown Court

This driver, represented at the Crown Court by barrister Harry Bowyer, managed to acquire two driver cards which he used to extend his driver’s hours in order to try to save his failing business. He pleaded guilty at the earliest opportunity and had taken particular care not to corrupt his […]

Criminal Defence Comments Off on Driver with 33 False Records Escapes Immediate Imprisonment at Crown Court
Prosecution Drop Case Involving Driver Not Recording Positioning Journeys.

The driver in this matter, represented at the Magistrates’ Court by barrister Harry Bowyer. The driver had been taking journeys by car to meet his truck and had failed to record the car journeys as “other work.” At the first appearance the defendant pleaded Not Guilty and a trial date […]

Criminal Defence Comments Off on Prosecution Drop Case Involving Driver Not Recording Positioning Journeys.
HGV driver with 6 false record offences gets fine of £100 per offence.

This HGV driver had been found to have driven without a card, creating a false record. Millicent Dooher represented him before the Magistrates on this matter. Usually, 6 or more offences are sent to the Crown Court, where the Court can look at imposing a custodial sentence. Millicent persuaded the […]

Criminal Defence Comments Off on HGV driver with 6 false record offences gets fine of £100 per offence.
DVSA Discontinue Prosecution Against PSV Driver

A driver avoided Court after DVSA was persuaded to discontinue a prosecution. Our client had been prosecuted for a number of alleged offences, including using a PSV without a Licence, without a CPC and without a Tachograph. The driver had been using an empty minibus to carry items around a […]

Criminal Defence Comments Off on DVSA Discontinue Prosecution Against PSV Driver
Van Overloaded by 57% – Fine Reduced Substantially

In this case was a removals company, represented at the Magistrates’ by barrister Harry Bowyer, had over estimated the amount that their van could carry without being over loaded. The fines for overloading are draconian as the initial fine covers the overload and the first 10% of that load with […]

Criminal Defence Comments Off on Van Overloaded by 57% – Fine Reduced Substantially
“Boy Racer” – Jury Returns “Not Guilty” Verdict to Count of Dangerous Driving

This defendant, represented by Barrister Harry Bowyer was charged on an indictment, along with three others, on a single count of dangerous driving. The allegation was that they had been seen by police racing along the A38 at speeds of over 100mph. The driving complained of lasted less than 2 […]

Criminal Defence Comments Off on “Boy Racer” – Jury Returns “Not Guilty” Verdict to Count of Dangerous Driving
Company with 41.83% overload escapes with a £1500 fine

This company, represented at the Magistrates court by barrister, Millicent Dooher, had been stopped by the DVSA and found to have a 30.86% overload on the vehicle and 41.83% overload on the second axel. The sentence for an overload is a level 5 fine (unlimited). The fine is calculated for […]

Criminal Defence Comments Off on Company with 41.83% overload escapes with a £1500 fine
Prosecution Drop 28 Charges Under the Forgery and Counterfeiting Act 1981 after SBC Representations

This Company Director, represented in the Crown Court by barrister Harry Bowyer, was charged with 28 offences of using a false instrument and three offences of making a false record. He had reported his driver card as lost and applied for a replacement. When he found the original instead of […]

Criminal Defence Comments Off on Prosecution Drop 28 Charges Under the Forgery and Counterfeiting Act 1981 after SBC Representations
TfL Private Hire Licence Retained by Driver Following Allegation of Dangerous Driving

Written representations were made by Millicent Dooher, barrister, to Transport for London following an allegation of dangerous driving and 15 safety related complaints arising from this driver’s conduct over 3 years. Through the representations that were made, Millicent was able to convince TfL to allow the continuation of this driver’s […]

Criminal Defence Comments Off on TfL Private Hire Licence Retained by Driver Following Allegation of Dangerous Driving

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