Driving Offence Solicitors Dudley
Specialist motoring lawyers covering Dudley and the rest of the Black Country.
If you are due to appear before Dudley Magistrates’ Court for a Motoring Offence, the Court could endorse your driving licence with penalty points or impose a Driving Ban. In this situation it is highly advisable that you seek expert legal advice from one of our Specialist Driving Offence Solicitors. You can contact Kang & Co Solicitors by calling 0345 222 9955 or by filling out our enquiry form on this page. One of our lawyers will get back to you and provide you with 10 Minutes Free Initial Telephone Advice regarding your pending Driving Offence Prosecution.
Motoring Lawyers for Dudley & The Black Country
Our highly skilled and experienced Solicitors and Barristers have represented motorists for the most serious driving offences such as Causing Death by Dangerous Driving and Causing Death by Careless Driving through to less serious motoring offences such as Speeding, Failing to Provide Driver Details, Drink Driving and making Exceptional Hardship Applications on behalf our clients to avoid a Driving Ban.
Our lawyers are available to advise and represent you at Dudley Magistrates’ Court the for the full range of Motoring Offences.
Drink Driving Lawyers
If you are facing a prosecution for Drink Driving at Dudley Magistrates’ Court, you should seek expert legal advice as soon as possible as a conviction for drink driving will result in a driving ban of at least 12 months.
The Drink Drive Limit
There are strict alcohol limits for drivers and if a person is found to be above these limits, they are likely to be prosecuted for a drink driving offence;
- Breath – 35 micrograms of alcohol per 100 millilitres of breath
- Blood – 80 milligrammes per 100 millilitres of blood
- Urine – 107 milligrammes per 100 millilitres of urine
Court Sentencing Powers (Drink Driving)
Road Traffic Act 1988, Section 5(1)(a)
If a defendant is convicted or pleads guilty to drink driving, they will be disqualified from driving for at least 12 months and up to 36 months, if this is the first offence of drink driving. The Magistrates’ Court can also impose a custodial (prison) sentence of up to 6 months.
Road Traffic Act 1988, Section 5(1)(b)
If a defendant is convicted or pleads guilty to drunk in charge, they could be disqualified from driving for up to 12 months. The Magistrates’ Court can also impose a custodial (prison) sentence of up to 6 weeks.
The offence of speeding is the most common motoring offence, which attracts either penalty points or an immediate driving ban. If you already have points on your driving licence, the accumulation of additional points could result in a Totting Up Driving Ban for which you may wish to make an Exceptional Hardship Application.
Criminal & Regulatory Trials in Dudley
What is a trial?
A ‘trial’ is a contested Court hearing. Trials will take place if there is an allegation against an individual or company, and that individual or company denies the allegation, such matters will usually progress to trial.
As an example, a person (the Defendant) may face a prosecution for careless driving, and the Defendant believes he or she has not committed the offence of careless driving and is not guilty, in such circumstances the Defendant would enter a plea of ‘not guilty’ and the case would be adjourned for a trial to take place.
What is the purpose of a trial?
The purpose of a trial is to establish whether the person or company being prosecuted is guilty of the alleged offence. Using the example mentioned above (careless driving), the purpose of the trial is to establish whether the Defendant is guilty of the alleged offence. Simply because a person pleads not guilty it does not mean that the case is concluded. Trials are a mechanism used to determine the outcome (guilty / not guilty).
What if a person pleads guilty?
If a person or company being prosecuted pleads guilty to an allegation, then a trial will not take place in respect of that allegation. A trial is not necessary when a guilty plea is entered because the Defendant accepts the wrongdoing.
If a Defendant is being prosecuted for several offences, a Defendant may plead guilty to some offences and not guilty to other offences, in such circumstances it will usually be necessary for a trial to take place in respect of the offences the Defendant pleaded not guilty.
If your case is listed for a Criminal Law or Driving Offence trial before Dudley Magistrates’ Court, contact our lawyers and we will be able to assist you.
Sentence Hearings at Dudley Magistrates’ Court
In most circumstances, appointing a solicitor to represent you at Court for your Sentencing Hearing would make a significant difference to the sentence impose upon you by the Court, this is because for most Driving Offences, the Court has discretion upon the sentence it decides to pass.
As an example, a person may have a clean driving licence and has pleaded guilty to (Careless Driving Driving without Due Care and Attention), at the sentencing hearing the purpose of the Court is to pass an appropriate Sentence for the offence. The Court has discretion as to the sentence it imposes for Careless Driving, the Court could impose 3 to 9 penalty points or impose a Driving Ban. In such circumstances, appointing a specialist motoring lawyer would be beneficial because disqualification is possible and there is a range of points which could be endorsed upon your driving licence.
Using the example above, our Specialist Motoring Lawyers would aim to achieve the best possible result, this being the lowest possible sentence for the motoring offence you have been charged with. We would consider the evidence in the case, identify offence mitigation and offender mitigation, we would then present a persuasive case to the Court by identifying positive attributes in the case and why a more lenient sentence would be appropriate. The Court may be considering imposing a driving ban, our lawyers would seek to persuade and influence the Court to impose penalty points, rather than imposing a driving ban.
In another example, an offender may already have 6 active penalty points on his / her driving licence and the offender is now due to be sentenced for Careless Driving. If the offender receives 6 or more penalty points for Careless Driving, the offender will have accumulated 12 points or more on the driving licence and will be regarded as a ‘Totter’. In such circumstances our lawyers would first aim to influence the Court to impose 3 to 5 points for the offence of Careless Driving, as this would avoid a driving ban. In this example if the Court were to impose 6 or more points for the offence of Careless Driving, our lawyers would consider whether it was appropriate to advance an Exceptional Hardship Application on your behalf.
Dudley Magistrates’ Court
The address for Dudley Magistrates’ Court is as follows:
Other Legal Services We Offer
In addition to providing legal representation in Motoring Offence cases, we are also represent clients for the following;
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