Road Traffic Law

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Testimonials


I attended Edinburgh Justice of the Peace court for trial and was met by Mr Walker at the doors of court. He had just finished speaking with the Procurator Fiscal and had pointed out the Crown's evidential difficulties. Fortunately the Procurator Fiscal was able to take a pragmatic view and he decided not to call the case in light of the evidential issues.
, Edinburgh

When i was charged with ‘Drunk in charge of a vehicle’ I didn’t know what to do or who to contact. Fortunately I’ve known one lawyer for a number of years so contacted him immediately. I explained my situation to which he replied immediately ‘ If there’s anyone that can help you its a personal friend Graham Walker’. Obviously at first i was dubious of such a high recommendation so quickly but it soon became apparent it was the right choice. Living on a small island on the west coast of Scotland isn’t practical at the best of times never mind trying to win a court case with your lawyer, the court and residence all in different places. Having said this Graham and his team weren’t phased by the logistics in the slightest and pressed on with the case straight away to a fantastic standard. One of Grahams juniors Simone travelled to the scene of the incident to photograph the scene,interview witnesses and appreciate the logistics of the offence. Simone couldn’t be faulted in any aspect of the investigation. She went through everything with a fine toothed comb and came across genuinely on my side of the argument and determined to get the best outcome possible.Knowledgeable and professional throughout, Simone is a real credit to Graham and Road traffic law as a company. Graham Walker drove 3 hours to get to court for the case not to go on trial and he didn’t bother in the slightest. Again, the main concern was my case and getting the best possible outcome. The second time he made the 3 hour drive the trial went ahead. It was at this time i witnessed him stand in front of the court room and ‘grab the bull by the horns’ so to speak. With his eloquent manner and calm demeanour it wasn’t long before the fiscal and witnesses were on there back feet wondering what to ask next. This was the theme from the outset and subsequently he won the trial with an impressive portfolio of questions and techniques. Graham,Simone and I’m sure the rest of there colleagues at Road Traffic Law are exceptionally well educated in the given department and couldn’t provide a better service. If anyone has been charged with a road traffic offence theres only one company that will give you the service and confidence to win your case and thats road traffic law. Impeccable service form start to finish.
, West Coast Of Scotland
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

penalty_points

Speeding the Facts

I have received a fixed penalty but do not intend paying because i was NOT speeding. What happens next and will I now get a higher sentence if convicted?

If you fail to pay a fixed penalty fine within 28 days, the fine will automatically increase by 50%. If you fail to pay that, a summons is issued for you to attend court. Due to the fact that these tickets were designed to save time, expense and inconvenience to the court you may safely assume that most Magistrates will normally increase the fine and often sometimes the number of points endorsed on the licence. Presumably you want to defend the case since you say you were not speeding. You need advise on the merits of your defence. Give us a call to discuss your case in detail and we will advise you on the merits of your case. Call free on 0800 612 9597 for FREE advice.

I have just been flashed for speeding, again. I have 9 penalty points on my licence and write to ask if this means I will be banned. I drive approx 20k miles per annum as an IT support worker in my own business. If I lose my licence the business will go down the pan.

If your nine points are within 3 years of the present offence (Going from offence to offence dates) then yes you are due to be disqualified under “Totting up procedures” All is not lost as you may be able to argue that “exceptional hardship” would occur if you lost your licence. If you can persuade the court that others would be affected badly, e.g. lose job, mortgage, business etc etc then you may persuade the court to impose the points but refrain from disqualification. You need experienced help to win such an argument as it is very difficult to persuade Sheriffs not to impose the disqualification that the law says they should impose!

If I am caught speeding by a camera and my photo is taken, do I still need to pay the fine?

Is there a technical defence to this charge even although the police have a photograph of you speeding? Yes, there can be several. One example is that the police have 14 days to serve a Notice of Intended Prosecution (Unless Hire Car or Company Car situation), Time bar of Copy Complaint, admissibility of your answer to the NIP etc etc. We need more information to enable you to make an informed choice about how to proceed. just give us call on 0800 612 9597.

I received a fixed penalty notice for speeding last May but ignored it. I have not received anything else, have I got off with it?

It looks like this case will indeed be time barred and will fall. If you do receive a copy complaint in the next few weeks then you should instruct your lawyer raise a plea to the timebar issue. Alternatively just attend court and when your case calls you will be asked to plead Guilty or Not guilty. Reply that you wish a debate to be fixed on the basis of timebar. If the Sheriff asks you why explain that proceedings have been taken out with the statutory time limit of 6 months and therefore the Crown are precluded from advancing their case by statute. We will be pleased to assist should the matter proceed. If the Crown can provide an explanation regarding the delay they may still be able to serve a competent complaint on you. Issues that might arise are that It was a company car, You have moved address since the incident. It was a rental vehicle etc

I’ve got a sp30 on my licence approx 4 years ago, can they be removed now, or does it need to be on for 5 years?

Only needs to be on for 4 years. Relevant for prosecution for 3.You can have them removed now. The charge remains as a conviction but cannot be taken into account as far as totting up provisions

I sent away my details on a suspected speeding offence, video van, 77 in a 60. I don’t think i signed it or i think it was in the wrong section, i have been sent an offer of £60 3 pts, what next?

You now have to decide if it worth defending and if you are going to engage a lawyer to defend the case. The unsigned NIP means that the prosecutor will have a document that is of very little use to him if they decide to prosecute. The unsigned NIP may provide an adminicle of evidence that you can be questioned about (If you give evidence) If you do not give evidence it will be difficult for the Crown to prove a speeding case against you. When/If the case is reported to the PF they may take the view that under s172 you have failed to name the driver and charge you with failing to provide as opposed to speeding. My own view is that if you can afford to engage a layer then you should do so as soon as possible.

Hi, I am an IT worker travelling accross Scotland and England most weeks. I had earlier this year been pulled over by a patrol car in Scotland and they clocked me at 99mph using a Kustom Pro Laser III. Weather was “poor”, visibility “reduced” and traffic flow “moderate” as described in my “description of Locus”. I have recently received the charge of speeding and need to reply to the court. Is there a chance I may lose my license or is it more likely I will get points and a fine? I have 3 points already from being caught by a mobile speed camera doing 81 on the M74.

Hi, I am afraid that it depends upon what area of Scotland that you were prosecuted for speeding in! Some Sheriffdoms are more lenient than others. Since you were below the magic 100mph I would expect you to receive a 6pp endorsement and a fine in most areas.

Recent Case Results

Speeding Dumbarton Justice of the Peace Court

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