Loopholes or Competence??

According to the press there are lots of legal loopholes that cunning motoring law specialists use to get guilty drivers “off” their offences. However, as any good motoring law solicitor will tell you, these are not loopholes-it is a case of applying the law as it stands.

This month we highlight some cases from Emmersons Solicitors Motoring Law casebook. 

In the first case ”Steve”, following the news that his wife was about to leave him, decided to drive to the pub to drown his sorrows. A situation that we see a lot of at Emmersons. Luckily for him he hadn’t drunk too much. When he left the pub he was immediately pulled over by the police. Steve was breathalysed but was not found to be over the limit. Not to be deterred the police officer then summonsed him with using his telephone whilst driving. Believe it or not this matter was dealt with by way of a full trial. I was able to prove that Steve had a hands free kit in the car and that he had been using that at the time.

Steve had been very worried as he needed his licence for his work which involved him driving all over the country. Legal Aid had not been available but I was able to obtain a Defendant’s Costs Order meaning that Steve received most of his legal costs back from the State.

In another case “Jen”, owned a business. She was extremely busy and had a lot of personal issues affecting her. Her car had been flashed by a speed camera and she had been asked to confirm whether or not she was the driver. Because of all of the other issues that she was dealing with, Jen didn’t get round to responding. This landed her in Court and she was faced with losing her licence as she already had points. She was extremely distressed when she first contacted Michael Robinson, thinking that she may lose her business.

I was able to plead Exceptional Financial Hardship on behalf of Jen. She was the owner of the business, she was the main driving force (excuse the pun) in bringing in business and a number of employees were reliant upon her for their living. If she lost her licence it was likely that some of them would lose their jobs. It was to protect those employees that lead the Court to allow Jen to keep her licence. Even though she now had 12 points on her license she could continue to drive.

As I always say “It’s Law not Loopholes.” 

If you need help to keep your motor running then contact Michael Robinson on 0191 567 6667 or amrobinson@emmersons-solicitors.co.uk.

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