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Motoring offences - how a lawyer can help

Date: (17 January 2012)    |    

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Duncan Lewis:A, provide motorists who feel they have been wrongfully accused of a traffic offence with specialised advice. Solicitors can provide an efficient, friendly service that will be invaluable in guiding their clients through the often-complex legal proceedings and making sure that they are able to get their case across in the best possible manner.

There is a wide variety of possible traffic offences, and the lawyers will have expert knowledge and experience in handling each of them. The main categories of offence under which the police commonly seek to bring a prosecution are drink driving, speeding, failure to identify the driver, insurance offences, dangerous or careless driving, driving ban appeals, failure to provide a specimen and penalty points on the license.

Of course, the lawyer cannot guarantee an acquittal, but what can be guaranteed is that if there is a reasonable defence against the charge then the full facts relating to it will be presented in court and a vigorous defence mounted on behalf of the defendant. If the defendant makes the decision to enter a plea of guilty, as sometimes has to happen because of the detailed circumstances, then the lawyer with be able, in many cases, to make a good case for the most lenient sentence to be passed.

In motoring offences there is often room for the defence of a ‘reasonable excuse’, even in situations where, for example, the defendant has refused to supply a specimen at the roadside or in the police station, which would seem like a clear case of deliberate failure to cooperate and obvious culpability. However, consider that this could have been caused by anxiety, stress or some sort of medical condition and it becomes rather less obvious.