Road Traffic Offences
Road traffic law is a highly technical and statutory area of law and one where numerous challenges can be made in order to avoid endorsement with penalty points and disqualification. We have expertise and experience of road traffic legislation, rules of evidence, and court procedure and defects if picked up upon can avoid a conviction. Evidence can also be challenged with regard to recollection and accuracy. Road traffic offences are often not ‘open and shut cases’ and there is a positive outcome we can achieve for you. Obtaining quality legal advice at an early stage can make all the difference. We will do everything in our power to protect and preserve your driving licence.
We are instructed on a daily basis on the following most commonly encountered areas
Exceptional Hardship – endorsement with penalty points will invoke the totting up provisions where 12 penalty points are incurred within a 3 year period then a 6 month disqualification would be imposed. In such situations this can be avoided. We regularly present an exceptional hardship ground at proof where the court has discretion not to impose such a disqualification. Some examples of those whom we have successfully plead exceptional hardship include: taxi drivers; bus drivers; carers of the infirm; those with family residing in areas with no public transport.
Special Reasons – If there is unusual circumstances leading to the commission of the offence existing at the time, such as a medical emergency. This allows the court a discretion not to impose a disqualification and/or endorsement.
Timing Objections – Although not that common the procurator Fiscal has to serve a summons within 6 months of the commission of the offence and if the time limit is over looked this can this can provide a bar to prosecution.
Procedural Errors – the police could take a sample incorrectly and the evidence as a consequence becomes unreliable or inadmissible.
Persuading the court not to disqualify on speeding charges where the speed is particularly excessive.
Taking dangerous driving cases to trial and securing acquittals or alternatively obtaining convictions of careless driving in order to avoid obligatory disqualification.
Avoiding revocation of licence for New Drivers – We will conduct a thorough review of your case to decide the best and most realistic approach. We will provide you with an open and honest assessment of your case.
In certain cases where we feel the evidence is weak we can negotiate with the procurator fiscal to withdraw your case.
In cases where we are of the view there is a realistic chance of defending your case we will use our technical expertise, tactical awareness and access the best experts to present a strong and robust defence.
Some cases are ‘open and shut cases’ and proceeding to trial is not always the best option. If the best course of action is to negotiate a plea of guilty due to a negligible chance of success we will advise accordingly. You can make an informed decision on the best way to proceed. Contesting such a case may increase the penalty and increase your legal fees. We will however minimise any sentence imposed by way of mitigation. We aim to provide a first class service at a reasonable cost.
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