Guide to Typical Scenarios
We have helped people facing driving bans or points in all kinds of circumstances, such as Doctors caught speeding when on call in medical emergencies, police and prison officers with special duties, parents of children who cannot get to school if they are banned, people with dependent relatives, parents living separately from children, where employers would lose work and numerous other situations.
There is no “typical client” but our most common defences are identity of the driver or accuracy of the speed testing device, along with technical challenges based on law or procedure. Our specialist knowledge of the handling characteristics of cars and motorcycles along with access to expert evidence from former police accident investigators means that whatever the offence we can provide specialist advice.
We never advise clients to make up defences, but if you have a defence we will advise you of it and give you an honest, clear opinion as to how successful that it is likely to be. Where you do not have a defence, we are skilled at putting forward to the court your personal circumstances so the courts give you as light and fair punishments as possible.
Guilty Speeder: AN, Southampton
I was faced with a summons for driving at a speed of 100mph in a 70mph limit. I was extremely worried about how I could be punished, so decided to contact Motor Defence Team to get advice on where I stood and what the best way forward was.
I accepted the speed alleged, but was concerned about how my day to day life would be affected by any punishment. My biggest concerns were:
Losing my licence would severely affect the business I work in; and
I have a medical condition and need my licence to attend hospital appointments and my GP to obtain prescriptions.
MDT put me at ease straight away. They had my case put off to a more convenient time, without me having to attend Court. This allowed me time to get evidence to support my mitigation. I received detailed guidance from MDT as to what, in my personal circumstances, was relevant to this.
I was advised that the guideline sentence was either penalty points (between 3 and 6) or a disqualification for up to 42 days, along with a fine of 100% of my weekly disposable income up to a maximum of £1,000. With a net income of just under £24,000 a year I was looking at a considerable fine along with everything else.
I sent all of my evidence to MDT in advance of the final hearing. When the day of my hearing came, I met my barrister beforehand to discuss my case. They were extremely good in Court putting forward all of my personal circumstances to the Magistrates so that they could appreciate what effect any punishment would have on me. The Magistrates considered my case and mitigation, then came back with their decision: to endorse my licence with 5 penalty points and fine me a lenient amount of £250. Most importantly for me, they decided not to disqualify me from driving.
I am extremely grateful for all the efforts made on my behalf and thought it was a job well done.
I am a fairly high mileage driver and motorcyclist, and I received my first 3 points in 17 years of driving, for an offence I definitely committed. I accepted my fixed penalty notice, but a week later I got my second Notice, and I was sure I had not been speeding. I contacted MDT and on my behalf they obtained the police photos.
I could not identify the driver. I also did not accept that my car had been speeding on that journey. The Police kept threatening me with Court but MDT were clear throughout with their advice. The summons came through and I was facing points but MDT reassured me I had a sound defence.
The next thing I knew MDT had contacted me saying all charges had been dropped. Without the reassurance of MDT I would now have 6 points on my licence. It taught me a lesson, which is if the points are not fair, fight them. Do not just buckle because if I get another set of points where I do not have a defence then those 3 points I fought off become very important.