Licence saved for Totter

Mr C was charged with a 2nd offence of driving without insurance. He had a previous conviction for speeding as well, so now had 15 points on his licence. He was single, a hard worker with 2 jobs, but needed his driving licence to stay in work. As a result of extensive questioning Stephen discovered substantial points to support the argument that he should not be disqualified as it would cause “Exceptional Hardship”. Mr C was delighted with the result

“Stephen that was wonderful. I am glad I was recommended to come to you. You saved my bacon . Loss of my driving licence would have been devastating. I can see why you have such a good reputation. Thanks for your help.”

Mr C

Young Driver found Not Guilty of Driving without Insurance

A 20 year old boy was charged with driving without insurance. He was asked by his employer to drive the Van down to a supplier during a job to collect extra materials. His employer assured him he was insured.to drive. the vehicle under the company insurance. When stopped police advised him the vehicle had never been insured. Our client was devastated, especially as imposition of 6 points would have meant revocation of his licence as a new driver. CPS argued that he should have asked to see the policy of insurance before driving and by failing to do that could not be said to have reasonably held the belief the vehicle was validly insured. The court accepted our argument that it was reasonable for a young man who had been working with his employer for several months , and promptly paid his wages to trust his employer to tell him the truth. Our client was rightly found not guilty.

WARNING NOTE : Courts are imposing higher burdens on persons who wish to use this defence so before driving someone else’s car always check you are validly insured.

TESTIMONIAL

"A fair reliable and completely knowledgable solicitor stephen is" we would highly recommend him to friends family and colleagues" Stephen is to the point and will not give up until he fully understands your case and needs and will be persistent but to the point, Stephen had minimal time to put together our case but he did this to a high and successful standard that we are truly grateful for.

Thank you Stephen

Driver escapes ban - 3 speeding allegations and failure to provide information conviction

In December I was in the depths of despair. I had received 6 penalty points when a case for failing to provide information as to driver was proved in absence and fined over £1000. I then received 2 further speeding summonses which meant I could be disqualified from driving. I did not know what to do. I contacted several solicitors on line but received no replies. 0n 10th December a colleague recommended Stephen Thomas. He arranged to see me on 12th December and acted very quickly. He applied to set aside the conviction and points.  He assisted me avoid the imposition of penalty points for the 2 speeding offences. Matters were finally concluded on Friday 23rd Feb when I went to court with him. The court set aside the original conviction, I pleaded to the speeding allegation, was fined £100 and received 3 penalty points. What a relief!! My life is no longer on hold. I cannot recommend Stephen Thomas  enough, particularly for his tenacity, ability to work quickly and legal advice. Many thanks Stephen

NG

New Highway Code changes 2022


Do you know the changes to the Highway Code which came into force on 29th January 2022? You need to!

S38(7) Road Traffic act states that a breach of the Highway Code can be relied upon to establish criminal or civil liability.

This means it is IMPERATIVE that every road user, particularly a driver, is familiar with the new changes to the Highway Code, which are extensive. Quite apart from the new offences that have been created, breach of the Code can be relied upon to support a Charge of Careless, Inconsiderate or Dangerous Driving. The court can disqualify or impose points and that could bring you into “totting” territory for a minimum ban of 6 months driving. 

Among the things motorists may not be aware of are:

1.     Any handheld use of a mobile phone while driving, including taking pictures or videos or changing the song being listened to is now explicitly banned and could attract a £200 fine.

2.     Number plates, lights and indicators must be clean and clear. Failure to keep them visible could attract a huge £1000 fine.

3.     People using an electric vehicle charging point must park close to the charge point and avoid creating a trip hazard from trailing cables, display a warning sign if possible and return charging cable s and connectors neatly.

Below is a summary of the main points of the new Highway Code.  For more details, please see gov.uk/driving and transport

4.     Everyone is expected to behave responsibly and look out for others. But a new ‘hierarchy of road users’ prioritises those who are most vulnerable in the event of a collision and gives those who pose the greatest dangers to others the greatest responsibility. The new hierarchy is: pedestrians, cyclists, horse riders, motorcyclists, cars and taxis, vans and minibuses, buses and HGVs.

5.     If pedestrians are crossing or waiting to cross at a junction or a zebra crossing, other traffic should give way.

6.     Cyclists should not overtake pedestrians or horse-riders closely or at high speed in shared spaces. People walking should take care not to obstruct pathways.

7.     Cyclists should make themselves as visible as possible by riding in the centre of their lane on quiet roads, in slower moving traffic and when approaching junctions. They should leave 1m clearance when passing parked vehicles to avoid being hit by an opening car door.

8.     Drivers and passengers should open doors using their opposite hand i.e. left hand to open a door on their right. This technique, known as the Dutch reach, encourages people to turn their head and look over their shoulder so they can see others in their path.

9.     At roundabouts, motorists should give priority to cyclists, horse riders and people driving horse drawn vehicles and should not try to cut across their lane.

10.Drivers overtaking more vulnerable road users must leave 1.5 to 2 metres distance, depending on their speed.  It’s ok to cross a double white line if necessary, if the road is clear. Drivers should wait and not overtake if it’s unsafe or they can’t keep that distance.

11.Drivers should not cut into the path of cyclists and horse riders. At junctions and when changing lanes, they should wait for a safe gap before carrying out their manoeuvre.

12.Motorists must not cross the white line at traffic lights. Doing so could cost a £100 fine and penalty points.

The Law on E scooters

Did you know you require a valid driving licence and insurance to use an E-Scooter on the road? Police stopped a client using his E-scooter on the road. He was breathalysed and found to be over the legal limit. He appeared at Wimbledon Magistrates’ Court, where the magistrates banned him from driving for 1 year, reduced to 9 months if he completed the Drink Drive rehabilitation course successfully. He was also fined. An E-scooter is a motor vehicle because it has an electric motor with 2 wheels aligned along the direction of travel controlled by the handlebars. You must also wear a protective helmet as it is defined as a motor bicycle for the purposes of the Motorcycles (Protective Helmets) Regulations 1998.

 Stephen handled my drink drive case in December.  This was my first offence and I was very glad to have someone of Stephen's experience and skill handling my case. He was always contactable and walked me through the whole process.  I was very pleased with the outcome, thanks in no small part to Stephen's input and handling of the case. I would certainly recommend Stephen.

Many thanks

Ross

New driver keeps licence

New drivers who get 6 penalty points within 2 years of taking their driving test will have their licence automatically revoked and have to take a new test. I recently represented a young man who was potentially facing this situation, as he was charged with driving without due care and attention, having overtaken a police car while speeding. I was able to persuade the court to impose a 21 day ban instead of imposing points. This was crucial as it enabled him to keep his job.

Man travelling at 145 mph keeps job

Recently a young man came to see me. He was white as a sheet and advised he was stopped for speeding at 145 mph. he was scared stiff about what could happen. The case was thoroughly prepared. The Magistrates at Sevenoaks advised they had never had to deal with a case like this.

Joe was a lucky lad, he received a 72 day ban and was fined.£430. He agreed to me posting this story on my web-site. He wanted people to know it is just not worth taking the risk and always to focus on your speed limit. the length of the ban meant that he was able to keep his job.  

Man travelling at 107mph not banned

Cambridge magistrates’ court decided not to ban a young man with good career prospects from driving in October. He was rushing to his fiancée’s award ceremony having been held up earlier in the day. The Magistrates said they would normally disqualify, but having considered all of the mitigation entered felt they could take a lenient view and imposed 6 penalty points with a fine.

Man travelling at 120mph gets 14 day ban

The client, JB, wrote: “Many thanks for representing me last week. I now understand what you mean by “preparation, preparation, and preparation”. The case was fully prepared and your delivery in court superb. I was wrong, I have learnt by mistakes. A ban for longer than 14 days would have caused serious difficulties for me. Thank you so much for your help. I would recommend Stephen to anyone who needs help. He gives a first class service.”

Man gets reduced ban

A man charged with drink-drive faced a 22 month ban.  As a result of mitigation entered on his behalf the ban imposed was the minimum – 12 months reduced to 9 months upon completion of DDR course.

“Stephen came highly recommended from a high end Law Firm and recently represented me in a drink driving case. It only took one meeting for him to put the case together, thanks to his professionalism and knowledge he managed to significantly influence the court decision for both the ban and the financial penalty. Thank you Stephen for all your help, I will no doubt recommend you to anyone requiring assistance in your field of expertise.” – A D. Vice President.