Kent Traffic Law Recenzje 

Odpowiedź od Kent Traffic Law

31 sty 2024

Clients in receipt of a Notice of Intended Prosecution often say that they have been caused significant anxiety wondering how to deal with it and that they are very fearful of the likely outcome. Obviously, depending on the gravity of the offences being investigated, outcomes can vary from a criminal record to disqualification plus, of course, a criminal sanction. That's enough to keep most people awake at night. Unsurprisingly, you needed help and contacted me to see what could be done. When one receives an NIP, typically, for example, citing careless and / or dangerous driving, often combined with Failing to Stop and Report, there is usually the option of providing a response for the police to take into account before determining the next steps. In this case, having met to take detailed instructions from you, I drafted an account based upon your instructions. Having had many years experience of both prosecuting and defending in the courts I can often help craft an account which avoids aggravating the situation. Those who don't take expert advice run the risk of sending back accounts which actually make their situation worse! (as they don't understand the laws of evidence and procedure nor the specific material elements of the offences alleged). In your case, whilst remaining absolutely true to your instructions, we drafted an account for you to send back to the police. I was hoping that the most serious allegations would be dropped but did not expect you to contact me within a few weeks to say you had been informed that the whole enquiry had been dropped! Thus, in your case, the enquiry didn't even get off the ground. All of the worst potential consequences were avoided at a stroke. One never knows how the police will react to a defence response but a skilfully crafted, yet honest account, which avoids aggravating one's situation is usually worth considering. I am pleased you obtained such a welcome outcome. Thank you for posting your review.

Odpowiedź od Kent Traffic Law

15 sty 2024

Many motorists complete Single Justice Procedure Notices choosing the option of 'Guilty' but don't wish to attend. Sometimes this is unrealistic. Sometimes, though, there is a realistic chance of avoiding the requirement to attend court and with it the risk of disqualification by sending off an account which the Single Justice finds persuasive. In your case, you wanted to tread carefully and avoid being required to attend court if possible. We arranged an appointment and went through the circumstances of your case and background mitigation carefully before sending off a carefully framed summary of your mitigation. In due course the court wrote back confirming the strategy had succeeded without a ban or the need to attend court! I was pleased to see this outcome. Thank you for your review.

Odpowiedź od Kent Traffic Law

10 sty 2024

It is not unusual to be contacted by parents whose sons or daughters have found themselves in trouble with the police. To have to go to court is a shock and the anxiety arising from the uncertainty of the whole procedure can be extremely stressful. In such circumstances, it is important not to panic but to obtain experienced and calm advice. It is much more likely that you will obtain an acceptable outcome at the end if you take and follow sound advice from the very beginning. I was pleased to see that a particularly favourable outcome was obtained in your daughter's case. Thank you for your review.

Odpowiedź od Kent Traffic Law

Zaktualizowano 23 gru 2023

Penalty Points Disqualifications can cost a motorist his livelihood. In your case you had spent years building up a business you would have lost had your received the expected length of ban. Thankfully, the court accepted all of the defence submissions which meant that you received a short ban, which wiped your licence clean of points, and enabled you to keep your business going. You gave me permission to write a case study of your case which can be seen here

https://kenttrafficlaw.co.uk/penalty-points-disqualification-a-case-study-2/

Thank you for your review.

Odpowiedź od Kent Traffic Law

19 gru 2023

All motorists are at risk of having a Notice of Intended Prosecution drop through the letterbox notifying them that they are under investigation for offences such as careless driving and failing to stop after an accident. Sometimes they are aware of having been involved in an incident and sometimes not. The instinctive reaction for many is to fire off a defence or even counter allegations without understanding the relevant law and procedure. This can, potentially, unwittingly increase the likelihood of prosecution. In your case you engaged me and we went through matters together carefully before crafting a response based upon your instructions and my knowledge of the law. I am pleased to say that justice was done and the case dropped meaning that you no longer face the risk of prosecution with all the costs and stresses that that might have entailed (not to mention, for many, the risk of loss of livelihood that could have followed). I am pleased for you. Thank you for your review.

Odpowiedź od Kent Traffic Law

19 gru 2023

Sometimes it is the parents that initially get in touch with me concerned for their sons or daughters and the trouble they have got themselves into. Often they don't seek to deny anything; they accept a mistake has been made but they want to ensure that their child is carefully and properly represented in court so that they are not punished more harshly than they deserve. I was pleased that this was achieved in this case, that the mitigation was accepted in full, and that, consequently, your son received the most lenient penalty that could have been sought. Thank you for your review.

Odpowiedź od Kent Traffic Law

8 gru 2023

It isn't often that the prosecutor in court behaves disreputably although I am bound to say that on this occasion I thought her conduct was unacceptable. However, fortunately we were very well prepared and the merit of the submissions made on your behalf were, in the end, accepted by the court. I was pleased you obtained the outcome you sought. Thank you for your review.

Odpowiedź od Kent Traffic Law

8 gru 2023

When I met your son you also attended and we went through the prosecution case papers carefully. It was clear your son didn't agree with everything the police accused him of although he had decided to plead 'Guilty' to all of the offences. I then took full instructions upon your son's mitigation and advised you of the likely procedure in court. On the day we all met early and our case was called on first in the list (as we were ready first). You saw for yourself how the prosecution advocate tried to twist the truth to make matters look worse for your son. Thus I had no choice but to challenge the prosecution advocate's approach in open court. This was totally unexpected. You saw how I dealt with it and, fortunately, the court disregarded the prosecutor's contentions in the end. I was very pleased your son wasn't cheated out of the result he deserved. Thank you for your review.

Odpowiedź od Kent Traffic Law

15 lis 2023

When a motorist receives an NIP suggesting a series of criminal offences have been committed this can be an unnerving experience. You are usually obliged to identify the driver and have the option of providing an account as to what happened. The difficulty arises in that if you do no more than identify the driver you are doing nothing to deter the police from prosecuting you based upon the allegations that have already been made. However, if you write out an account in your own defence, without understanding the relevant law or procedure, you are at risk of aggravating your position (by making admissions contrary to your interest) and thereby, literally, making prosecution more likely. Having spent many years prosecuting such cases I am in a position to advise a client on how best to respond including how to frame an account, based upon instructions, which put the suspect's conduct in the best possible light. In this way you can maximise your chance that the police will, having considered matters, opt to take no further action. Thus, at a stroke, you will have avoided the risk of prosecution and conviction with all the costs that that might entail. I am very pleased that in your daughter's case this was the outcome. Thank you for your review.

Odpowiedź od Kent Traffic Law

31 paź 2023

In a 50mph limit the top bracket, for sentencing purposes, starts at 76mph when the guideline ban is up to 56 days. However, if you are regarded as driving at 'grossly in excess' of the speed limit the 56 day disqualification guideline limit may no longer apply; it is up to the court. At not far off double the speed limit this was the risk (as I advised you at the outset). However, when we met, well in advance of the hearing, I took your full instructions and advised you upon steps to take which would improve your chances at court. You took these steps and yesterday, in court, I represented you (if I am booked for court I personally attend - always). Fortunately, the court accepted everything that was said on your behalf and, as they said when sentencing, it was clearly a finely balanced decision to come down in your favour and not disqualify you at all. I am pleased you obtained this result. Thank you for your review.

Odpowiedź od Kent Traffic Law

29 wrz 2023

Your case followed a typical process; the initial telephone call and review (without obligation) followed by a face to face meeting, to prepare for court, and then I appeared in court to represent you (I don't use agent solicitors or barristers: I personally appear in every case in which I am booked as my clients want continuity of advice and representation from start to finish). As a new driver we needed to avoid the endorsement of 6 penalty points that would have resulted in revocation of your licence (and loss of job). We either wanted an immediate but short disqualification or, ideally, the endorsement of only 5 points. Fortunately, the court concurred with all that was said on your behalf and they obliged us with the most lenient penalty possible which, I am glad to say, has enabled you to continue with your chosen career. Thank you very much for your review.

Odpowiedź od Kent Traffic Law

11 wrz 2023

Drug Driving offences are taken very seriously by the courts especially when repeat offending occurs. However, in all cases there is mitigation arising out of the circumstances of the offence itself and out of the personal and business background of the Defendant. In your son's case we met face to face to establish the extent of the mitigation well in advance of the hearing date. We then met at court early on the day his case was listed in order to go through any last minute issues. Finally, the mitigation was presented to the court and, as you saw, it was accepted in full which was why your son received such a lenient sentence. Thank you for your review.

Odpowiedź od Kent Traffic Law

24 sie 2023

When a client calls who is at risk of loss of licence I usually review their situation / prospects without any sugar coating. In your case I believed saving your licence would be difficult from the outset. This view was confirmed once we had met for a formal consultation during which the groundwork preparation was laid for the day your case would be heard in court. When your case was heard today you were well prepared and the court gave us a fair hearing. When they said 'exceptional hardship' had been made out they also stated that it was a 'marginal case'; ie we had only just got over the line. This is why it is so important to take such care in the preparation and presentation of your case. You never know which detail could prove to be determinative of the final outcome. Thank you for your review.

Odpowiedź od Kent Traffic Law

6 sie 2023

In many situations court outcomes are necessarily uncertain (as in your case). We knew from the outset that yours was a difficult case and that very careful advance preparation and persuasive presentation would be necessary to maximise your chance of a positive outcome. Thankfully all the effort proved worthwhile. Thank you for your review.

Odpowiedź od Kent Traffic Law

22 lip 2023

Whenever someone faces a court hearing which will involve mandatory loss of licence (or possibly an even more severe penalty) I always speak to him or her during an initial call without charge or obligation. This enables both parties to form a view and ask relevant questions so that if we decide to work together there are no misunderstandings. During this initial conversation I will be frank and open. Once we decide to work together I find that face to face meetings to go through the prosecution papers (which I obtain for the client from the cps in this type of case) are preferable to build mutual understanding and to try to ensure that nothing is missed. Bear in mind that when the stakes are high even seemingly small details as to how the case is prepared can have a big effect. I give advice at this stage with regard to any preparatory steps that are likely to put the client in a better position in advance of the court hearing. Then, on the day in court, I personally attend. I don't delegate court attendance to local solicitor agents or junior barristers as most firms of solicitors do. Although we have met before I usually arrange to meet the client early at court just to ensure that we are fully prepared and to answer any last minute questions from the client. I then put the client's case across as persuasively as possible in order to try to secure the most lenient penalty possible in the given circumstances. I was very pleased to see that in your case this approach worked as well as hoped. The court seemed to accept everything that was said on your behalf both as to the facts of the case and as to your background mitigation which was why, in the end, they dealt with you so leniently. Thank you very much indeed for posting such a carefully considered review.

Odpowiedź od Kent Traffic Law

Zaktualizowano 15 lip 2023

It can be difficult to know how best to reply to Single Justice Procedural Notices for speeding especially if the speed is such that disqualification from driving is one of the sanctions that the Single Justice may consider. In your case you were fearful that you would be required to attend court and be disqualified from driving. Sometimes, a well crafted letter of mitigation can bring the matter to a halt with points and a fine without even having to go to court. I was pleased your case was resolved without a ban and without the legal costs or stress of a court appearance. Thank you very much for your review.

Odpowiedź od Kent Traffic Law

27 cze 2023

I always speak to clients on the phone without charge at the outset to try to ensure that we understand each other and that I am likely to be able to help. To ensure maximum understanding we then arrange a meeting which is usually face to face to go through the case in detail and to answer any questions. If I am booked for court I personally attend to ensure continuity of advice and representation from start to finish. I find that this process usually maximises the client's chance of a favourable outcome (which I am pleased was achieved in your case). Thank you for your review.

Odpowiedź od Kent Traffic Law

Zaktualizowano 8 cze 2023

In this case advice had already been given by solicitors that a disqualification could not be avoided. However, having taken full instructions it became clear that there was a 'story to tell', by way of mitigation, that, if believed, could, possibly, mean a ban could be avoided. Fortunately, the court accepted the defence version of events. Depsite 'Guilty' pleas to a series of offences the court elected not to disqualify at all. Thank you for your review.

Odpowiedź od Kent Traffic Law

6 cze 2023

Even the strongest case can be contested but sometimes this will achieve little more than prolonging proceedings and increasing legal costs. Insisting upon a trial also means that the Defendant will lose 'credit for the guilty plea' ie his sentence will be more severe. Therefore, it is always worth carefully considering whether any apparent errors in the charge sheet can easily be overcome by the cps simply by seeking to amend the charge at court. This is what happened in this case as the underlying evidence all showed that the charge sheet errors were simply that ie errors which in no way actually misled the defence as to the merits of the case. Unless the defence can show it would have been disadvantaged by the amendments the court will usually allow them. This is what happened in your son's case. Fortunately, the court then gave due weight to his full co-operation as the minimum level ban of one year, which is mandatory upon conviction, was imposed. This is unusual in a case where the car has been flipped over and the road was blocked which underlines that your son, in fully co-operating from start to finish, had adopted the best approach given his circumstances. The court also allowed him to take the Drink Drive Rehabilitation course which means he will be back on the road after only 9 months! I am pleased he received the result you sought. Thank you for your review.