Cunninghams Solicitors » Speeding Offences

Excess Speed – 102mph on the Motorway

cunninghams — Thu, 29 Sep 2011 10:01:25 +0000

Paul recently represented Mr T at Gloucester Magistrates Court in respect of an allegation of speeding. Mr T had instructed Cunninghams Solicitors having been summonsed to Court for driving at 102mph on the motorway. This offence carries 6 penalty points or a 7-56 day disqualification. Mr T already had 6 penalty points endorsed on his licence and was therefore at risk of a disqualification under the totting up procedure, for accumulating 12 points or more in a 3 year period, for a minimum of 6 months. A period of disqualification for six months would have been disastrous for Mr T’s business.

Paul advanced powerful mitigation on behalf of Mr T and reiterated the fact to the Magistrates that they should look at the offence in isolation, and not at the number of points already endorsed on a defendants’ licence. Ultimately, Paul persuaded the Magistrates to sentence Mr T to a short period of disqualification of 14 days. Mr T was delighted with the result.

Speeding in Yorkshire – Successful Appeal

cunninghams — Tue, 02 Aug 2011 11:42:39 +0000

Paul was instructed by Mrs S following a conviction for speeding at Doncaster Magistrates Court for which she was not represented by Cunninghams Solicitors. Paul advised Mrs S that based upon the prosecution evidence she should never have been convicted and advised that there were very strong grounds to appeal the conviction.

The appeal took place before Doncaster Crown Court, South Yorkshire. Doubt was created by us to ensure that the prosecution could not provide the case beyond reasonable doubt and the appeal was successful.

Mrs S’s conviction for speeding was quashed and following the successful appeal, the Court ordered a defendants’ costs order to be made.

Speeding – over 100mph on Motorway – no ban imposed

cunninghams — Thu, 21 Jul 2011 14:54:29 +0000

Paul was instructed by Mr L, who was summonsed to appear before the court for driving in excess of 100 miles per hour on the motorway. Mr L was at risk of a period of disqualification of between 7-56 days. Representations were made on behalf of Mr L before Hemel Hempstead Magistrates Court. The Magistrates were persuaded to impose penalty points instead of a period of disqualification, which could have resulted in the loss of Mr L’s job.

Speeding – Disqualification Avoided

admin — Sun, 10 Apr 2011 09:19:19 +0000

Paul was instructed by Mr S who appeared before Hereford Magistrates Court. Mr S had been summonsed to Court for an offence of speeding which would have resulted in him being disqualified for a period of six months under the totting up procedure. An exceptional hardship argument was advanced and was ultimately accepted by the Magistrates. This means that although Mr S has 12 penalty points endorsed on his licence, he was not disqualified from driving.

Accused of Speeding in excess of 100mph

admin — Mon, 23 Aug 2010 12:22:13 +0000

Tom was recently instructed by Mr K who was charged with speeding and summonsed to appear before Bodmin Magistrates Court, Cornwall. Mr K was accused of travelling in excess of 100mph on a motorway. Regrettably, Mr K’s driving licence was already endorsed with 9 penalty points. One option available to Mr K was for us to justify to the Court a short period of disqualification and, thus, inviting the Court to impose such a penalty would have the advantage of avoiding a longer period of disqualification as a result of having more than 12 penalty points on his licence.

We were able to persuade the Court who disqualified Mr K for a period of 21 days and fined him £545. When a Court imposes any period of disqualification they are unable to endorse penalty points.

Speeding

admin — Sun, 18 Jul 2010 12:59:02 +0000

Carl Millar represented Mr M at Worcester Magistrates Court in May 2010. Mr M was accused of speeding at 111mph on the motorway. The Magistrates Court Guidelines suggest a period of disqualification of between 7-56 days or endorsement of 6 penalty points on the defendant’s licence. In this particular case, Mr M already had 6 endorsable penalty points. The danger was that he would receive a further 6 points and accumulate 12 penalty points which means that he would face disqualification under the totting up procedure.

Carl Millar was able to persuade the Magistrates to disqualify him for the offence alone. The matter was further complicated by the fact that the Magistrates Court Guidelines go up to speeds of 110mph and Mr M was off the scale. The Magistrates were persuaded to disqualify him for the offence alone and disqualified him for a period of 35 days. The sentence was a better outcome than receiving 6 penalty points and then facing a possible 6 months disqualification under the toting up procedure.

Speeding

admin — Fri, 04 Jun 2010 18:35:19 +0000

Carl Millar recently represented Mr M at Sheffield Magistrates Court.

Mr M was alleged to have travelled at 90mph in a 50mph zone. Magistrates Court Guidelines suggest a period of disqualification of between 7-56 days or that the defendant’s driving licence should be endorsed with 6 penalty points. However, Mr M was off the scale of the guidelines as the guidelines are only up to a speed of 85mph. Therefore, Mr M realised that he may face disqualification beyond the 56 days.

Strong mitigation was presented on behalf of Mr M in relation to the impact of disqualification and his ability to continue to earn a living. The magistrates were persuaded by the mitigation presented by Carl and Mr M was only disqualified for a period of 21 days.

Speeding

admin — Fri, 04 Jun 2010 18:33:09 +0000

Speeding

admin — Tue, 23 Feb 2010 19:18:05 +0000

Carl Millar recently represented Mr T at Newcastle under Lyme Magistrates Court in Staffordshire. Mr T already had 6 endorsable penalty points on his licence. The accusation was that he was travelling up to 120mph and he was obviously concerned that he would receive a further 6 points which meant that he could be disqualified under the totting up procedure. Normally, the magistrates would disqualify a defendant for a minimum period of 6 months under the totting up procedure if 12 penalty points or more are accumulated within a 3 year period. Carl Millar was able to persuade the magistrates to disqualify the defendant based upon the single offence alone and he was disqualified for a short period of 14 days.

Speeding and Failing to Furnish Information – Charges dropped

admin — Fri, 02 Oct 2009 21:57:05 +0000

Cunninghams Driving Defence Solicitors recently represented Mr R from Oxford who was charged with offences of speeding and failing to furnish information. Upon close scrutiny of the summons, Cunninghams Driving Defence Solicitors identified that the police had not lodged the papers with the Magistrates Court within the 6 month time limit. The charges against Mr R were withdrawn and he was granted a defendants costs order, entitling him to partial reimbursement of his fees