Motoring Lawyers Derby
If you have received a Single Justice Procedure Notice or a summons to attend at Derby Magistrates’ Court, call our expert team of motoring lawyers on 01332 987420.
We regularly represent drivers who have been prosecuted for offences such as speeding, driving using a mobile telephone, driving without insurance and drink driving. Our team of specialist motoring solicitors or barristers will review the evidence in your case and advise if you can challenge the prosecution or represent you at Court to help avoid a disqualification. Our barristers can also represent you on appeal to the Crown Court if you feel your case was not dealt with fairly at the first hearing.
If you face a totting up disqualification due to reaching 12 penalty points, you may have grounds to argue exceptional hardship to avoid a ban.
You may also have grounds to argue ‘Special Reasons’ to persuade the Court to avoid adding points or a disqualification on your licence.
We understand how important your licence is to you and we will prepare you case with the utmost care to achieve the best result for you. Your case will be handled by a qualified lawyer from start to finish.
We work on a fixed fee basis without any hidden costs.
Call 01132 987 420 for a no obligation consultation with one of our motoring solicitors or barristers today. Our office is in Derby City Centre. Wherever you are in Derbyshire, be it Duffield, Belper, Ilkeston, we are easily accessible and have ample parking if you need to visit our office.
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Motoring Offence FAQ
Q. I have been charged with drink driving, can I avoid a disqualification?
A. You may initially have grounds to challenge the prosecution and argue that you are not guilty of the offence. Our team can review your papers and advise if you have a reasonable prospect of success. If you are convicted of drink driving, the Court must disqualify you from driving unless you can show that Special Reasons apply. Special Reasons are mitigation circumstances particular to the offence which although they don’t amount to a defence, they may allow a Court to avoid a disqualification and consider imposing points instead. Our team have also successfully argued that a driver was in charge of a vehicle rather than driving, in which case the Court can wither impose 10 points or a ban.
Q. I have received 6 points for MS90 on my record but I have sold the car and the paperwork from the police went to an old address – what can I do?
A. The duty on a keeper of a vehicle is to keep DVLA updated with your current address and to inform of a change of owner. If a Notice of Intended Prosecution is sent to an old address because of a failure to update records, it is not a defence to Failing to Identify a Driver offence. However, if the Court proceedings have taken place in your absence, you have the right to make a Statutory Declaration to have the conviction and sentence set aside and to let you re start the Court proceedings.
Q. I have received a Notice of Intended Prosecution but I don’t know who the driver was, what can I do?
A. If you receive a request for driver details from the police, you are legally obliged to respond. Failure to discharge your duties can lead to 6pp and a large fine. If there is more than one possible driver, we suggest keeping a record of the enquires you have made to narrow this down. You should then provide the police with the relevant contact details for all possible drivers. The case is likely to end up at the Magistrates’ Court where you will need to prove that you made all reasonable enquiries and it was not possible to identify a single driver.
Q. Do I need to tell my insurance company of a driving offence?
A. You will need to check the conditions of your policy to check what must be disclosed and when. For existing policies, you will normally be required to tell your insurance company once you have received fixed penalty points or had points imposed at Court. In most cases, you do not need to advise that a case is pending or that you have been on a speed awareness course.