Martyn Prowel Solicitors in Cardiff has an enviable reputation for successfully representing and defending clients involved in the most common motoring offences, such as:
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Speeding |
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Driving other than in accordance with a valid driving licence |
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Driving without insurance |
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Driving without due care and attention |
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Failing to stop after an accident / failure to stop after an accident / failing to give particulars or to report an accident within 24 hours |
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Driving or attempting to drive with alcohol over the prescribed limit |
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Driving or attempting to drive whilst unfit through drink or drugs |
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In charge of a vehicle whilst unfit through drink or drugs |
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Failing to provide a specimen of breath or blood for analysis |
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Failing to comply with traffic directions and signs |
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Penalty Points
Every endorseable road traffic offence attracts a number of penalty points varying from 2 to 11. If convicted, the Court must Order the endorsement of penalty points on the driver’s licence unless there are either “special reasons” for not doing so, or in the case of some offences the fact that a driver did not know of and had no reason to suspect the condition of the vehicle, may have the same effect.
Discretionary Disqualification
In addition, some offences will attract either a “discretionary disqualification” (i.e. the Court may disqualify e.g. no insurance or driving without due care and attention) or a “mandatory disqualification” (i.e. the Court must disqualify e.g. drink driving or dangerous driving).
“Special reasons” mean that a person should not be penalised by endorsement or disqualification. The special reason must:
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Be a “mitigating circumstance”;
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not amount to a legal Defence to the charge;
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be directly connected with the circumstances in
which the offence was committed;
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not relate solely to the circumstances of the driver;
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be a factor which the Court ought properly to take
into consideration when deciding the sentence e.g.
driving in an emergency may amount to a “special reason” not
to disqualify in certain circumstances or the shortness
of the distance driven may be a “special reason” but
not where the driver’s intention was to drive
a longer distance. |
Disqualification
When a driver accumulates 12 or more penalty points within
any 3-year period, he/she will become liable to disqualification
under the penalty points provisions and may be disqualified
from driving in accordance with the following minimum periods:
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6 months if no previous disqualification* is to be taken into account; |
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1 year if one previous disqualification* is to be taken into account; or |
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2 years if there is more than one such disqualification*. |
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* A relevant disqualification means a disqualification of a period of 56 days or more within 3 years of the latest offence. |
In certain circumstances it may be possible to avoid a disqualification if the Court is persuaded that “exceptional hardship” may result. Hardship will often follow the loss of a driving licence but “exceptional hardship” will mean something that is “out of the ordinary”. Examples of what a Court will consider to be “exceptional hardship” include:
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a restriction on mobility for a driver with severe health problems; |
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a threat to the stability of employees if a manager is unable to fulfil their role; or |
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loss of employment, on its own, will not usually amount to exceptional hardship without further evidence of finances, prospects or family circumstances. |
A disqualification is mandatory for certain offences e.g. driving or attempting to drive a vehicle on a road with alcohol above the prescribed limit. For other offences a disqualification from driving will be discretionary e.g. no insurance.
Legal Aid
Please note that Legal Aid will not usually be available for the majority of motoring offences. We will be happy to provide you with a quotation for advice and representation at Court without obligation.
Contact Us
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