Motoring offences
Michael Batty has been advising clients in respect of motoring matters for over twenty years. He regularly advises clients facing prosecution for a wide range of offences.
Within the last twelve months he has also advised a number of goods vehicle operators facing public inquiries before the Traffic Commissioner in connection with alleged breaches of their operator’s licences.
Road traffic offences
Recent examples of our work include:
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Careless driving: Obtaining the discontinuance of proceedings against a HGV driver whose vehicle collided with a car after he fell asleep at the wheel. Through thorough investigation it was established that he was suffering from sleep apnoea which had not been previously diagnosed. The CPS discontinued and the client obtained an order for costs out of Central Funds. |
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Dangerous driving: Securing the discontinuance of proceedings against a client who, having initially been subject to an investigation in connection with an allegation of dangerous driving, was charged with careless driving following an incident on the A14. Medical evidence obtained proved the client had been affected by a rare symptom of malignant hypertension (high blood pressure) which could not have been anticipated and which led to the accident. The CPS discontinued and the client obtained an order for costs out of Central Funds. |
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Drink driving: Representing a client who had pleaded guilty to a drink driving offence, the second within ten years. The alcohol breath reading was nearly three times the legal limit. A low level community order with a supervision requirement was secured along with a disqualification order for a period less than that recommended by the Magistrates’ Court Sentencing Guidelines. |
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Speeding offence: Helping a company director alleged to have driven at 125mph on the A14 and A11 to avoid disqualification. |
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Using a mobile phone whilst driving: Representing a client who had pleaded guilty to using a mobile phone whilst driving and assisting her to avoid a penalty points disqualification on the basis of exceptional hardship to not only the client but also her business, its employees and customers. |
Public Inquiries before The Traffic Commissioner
Recent examples of our work include:
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Advising two road haulage companies in connection with public inquiries before The Traffic Commissioner as to whether their goods vehicle operator’s licences should be revoked, suspended or curtailed. In both cases the Commissioner decided to only issue a formal warning. |
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Advising a waste management company. The Traffic Commissioner ordered a systems audit and curtailed the licence authorisation from 22 vehicles to 20 for a limited period of only 6 months which did not impact upon the company's business in any way. |
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Advising a road surfacing business in connection with a public inquiry before The Traffic Commissioner. The Commissioner accepted a variety of undertakings from the client and in return issued only a formal warning. |
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