What does success look like in a Magistrates Court?
Two recent cases highlight how success can be achieved in road traffic prosecutions in the Magistrates’ Court. Managing Partner, Stephen Halloran, successfully defended both clients, though the outcomes were very different. This case study explores how our success rate is not always about “winning” outright but rather achieving the best possible result for each client under the circumstances.
The background
The first case involved a speeding offence where the client faced potential disqualification from driving. We advised the client to request a hearing rather than using the Single Justice Procedure Notice route.
The second case involved multiple charges arising from a traffic accident, including:
- Driving without due care and attention,
- Failing to stop after an accident, and
- Failing to report an accident.
In both cases, the clients were at serious risk of losing their driving licences.
Our approach
From the outset, we pursued a meticulous strategy focused on thorough investigation and careful consideration of all available defences.
Case 1:
The evidence initially appeared to point toward a conviction. However, our detailed review revealed a significant issue with the prosecution’s case. The offence occurred in a temporary speed restriction area during roadworks, but the Local Traffic Order used to prosecute our client was incorrect. Moreover, the time limits to amend the charge had lapsed.
We formally invited the local Traffic Prosecution team to review their decision to charge and highlight these fundamental errors before the first Magistrates’ Court hearing.
Case 2:
In this case, our client pulled out from a junction and collided with another vehicle. Due to the specific circumstances of the incident, our client was unaware of the collision.
Before the first hearing, we secured dashcam footage from the other vehicle, which confirmed our client’s fault. After reviewing the evidence, we advised the client to plead guilty to driving without due care and attention and failing to stop. We then contacted the prosecution and negotiated the withdrawal of the failing to report charge in exchange for a guilty plea to the other two charges. This agreement was confirmed before the court date.
The hearing
Case 1:
The prosecution accepted our arguments and withdrew the charge before the scheduled hearing date, so our client was not required to attend court. This saved our client the additional legal costs. The only application that the Magistrates needed to consider was the request we had lodged for his costs to be paid, which was granted.
Case 2:
The court hearing focused on ensuring our client, who relied on her car, retained her driving licence. We presented a compelling argument to minimise the penalties.
The verdict
Case 1:
The charge was withdrawn, and our client avoided disqualification.
Case 2:
The Magistrates accepted our approach and imposed five penalty points and a fine, allowing our client to retain her licence. The outcome exceeded initial expectations.
Final outcome
Both clients faced significant risks of disqualification but achieved their ultimate goal of retaining their licences.
When clients ask about our “success rate,” they often refer to achieving not guilty verdicts. However, success is better defined as obtaining the best possible outcome for the client based on the evidence. By that standard, we consistently deliver exceptional results.
Our dedication to providing outstanding legal representation is reflected in the following testimonials:
“A fantastic experience, extremely knowledgeable. I highly recommend this firm.”
“Wonderful service and great communication with us all. Thank you so much for all your help!”
With expertise in handling even the most challenging road traffic cases, our solicitors are ready to provide you with tailored legal support. Contact us today to speak with our experienced team about your case.
