Kings Cross Barristers is able to provide legal advice and representation on a range of driving offence charges. The charges range in severity and consequence from receiving points on a driving license to custodial sentences. Driving offences remain the most common of all charges in magistrate’s courts in the UK and effect people of all backgrounds. Statistics reveal that legal representations can dramatically increase your chances of successfully defending a charge or mitigating the severity of a sentence. Our Driving Offence lawyers can provide a range of legal services ranging from providing legal advice, corresponding with the CPS or advocating on your behalf before a Magistrates Court. The range of Driving Offences which we specialise in includes:
Careless and Dangerous Driving
There are a range of scenarios in which an individual may be charged with careless or dangerous driving. For example, going through a red light, undertaking, driving aggressively or other inappropriate road behaviour could result in a conviction resulting in disqualification from driving. Having an expert lawyer represent you in court can dramatically increase your chances of successfully defending a charge by strong cross examination and closing arguments.
It is a criminal offence to drive or be in charge of a vehicle if you are over the legal alcohol limit or under the influence of alcohol. A refusal to provide a breath, blood or urine sample when required by a police officer is also a separate offence. If found guilty of drink driving you could face a driving ban of 12 months or more. Kings Cross Barristers can assist in providing representation in ensuring that your case is put forward and properly defended in court.
Driving License Offences
Driving without an appropriate license can lead to prosecution and the imposition of penalty points, the payment of a fine or disqualification from driving. However, there are circumstances in which a charge is made incorrectly and can be successfully defended. Our driving offence barrister can advise on you how to proceed and provide representation in court if you have been wrongfully charged.
Driving Whilst Disqualified
Driving while disqualified by order of court is a strict liability offence which can lead to serious consequences including imprisonment. However, if you were not driving the vehicle but instead a passenger of the vehicle it may be possible to successfully defend against such a charge. Such a defence will often require strong cross examination of a police officer. Our driving offence barrister has expertise in cross examination and can assist you in defencing such a charge.
Driving without Insurance
Driving without appropriate insurance is also a strict liability offence which can carry a penalty of points your license, a fine and disqualification from driving. There are different types of insurance that are applicable to vehicles that are appropriate for using a vehicle for a business or social, domestic and pleasure. Often, the issue of whether or not an individual was driving without appropriate insurance will depend on the reason for which a vehicle was being used. A court hearing will often involve examination and cross examination to establish the purpose of the vehicle’s use.
Being under the influence of drugs, whether legal or illegal, or being in charge of a vehicle while over the specified limit for certain drugs is a chargeable offence which can lead to a disqualification. If you are over the specified limit, it will not matter whether you feel fit to drive. The police will often use devices to defence whether or not you are over the specified limit at the roadside upon being pulled over. A successful defence will often involve challenging the forensic detail of the tests conducted by the police which will require expert knowledge of the criteria for adducing and relying upon forensic evidence. IF you are facing a charge for drug driving, Kings Cross Barristers can provide you with legal representation to help ensure that you receive a fair hearing and increase your chances of a successful acquittal.
Failure to Name Driver
IF you are the Registered Keeper of a vehicle, and the vehicle is caught by an automated speed camera or traffic signal, a Section 172 notice will be sent to your address requiring you to name the driver who was in charge of the vehicle at the time of the incident. A failure to respond to this notice its own separate offence which can incur 6 penalty points your driving licence and lead to disqualification. It is sometimes the case that you have responded to a Section 172 notice, but for some reason that CPS have not received your response and continue to prosecute. In such circumstances it will be necessary to convince a judge or magistrates that you did in fact respond to the notice. Having a legal representative to advocate on your behalf in court can radically improve your chances of successfully defending against such a charge.
Driving while using a Mobile Phone
It is a chargeable offence to be in operation of a mobile phone whilst driving which including making or receiving a phone call, text message, email or using the mobile phone for any other purpose. If you a supervising a learning driver and using a mobile phone you can also face prosecution. The consequence of using a mobile phone is 6 penalty points on your license and a fine, which could lead to you being disqualified from driving. Defending against such charges will often involve cross examination regarding whether or not you were indeed in operation a mobile phone. Having an expert barrister can radically improve your chances of defending against a charge and being acquitted.
Penalty Points Totting Up
If the points on your license add up to 12 points, you will face disqualification from driving by totting up. If you have had penalty points for motoring offences in the last three years, and are facing another Fixed Penalty or Summons which will take you to the twelve point limit, you’re at risk of losing your driving licence under the totting up rules. If you can demonstrate that losing your driving license would lead to exceptional hardship it may be possible to avoid disqualification. However, proving exceptional hardship is not simple. Kings Cross Barristers will be able to assist you in court in demonstrating that there would be exceptional hardship if you were disqualified from driving and successfully advocate on your behalf in court.