1. Speeding appeal
L Thomas, Appeal from Northallerton Magistrates Court
Mr Thomas’s wife telephoned us in a panicked state after her husband had been disqualified from driving for 6 months having reached 12 penalty points, a situation that would have resulted in him losing his job. We telephoned him whilst he was still at Court following the initial decision and advised him about the best course of action. An application to suspend his disqualification from driving pending his appeal was successful so he was allowed continue driving whilst his appeal was ongoing. Following our intervention and preparation, his appeal against disqualification was successful at the Crown Court.
What Mr Thomas said: “Your reassurance, support and knowledge of traffic offence cases was very key as my whole world would have collapsed if I had lost my licence today. Liam was excellent in representing me and I must say that without you and him I would not be in the fortunate situation I am now in.”
2. Permitting use of vehicle without insurance – acquittal
L Mohammed, Hertfordshire Magistrates Court
Mr Mohammed, a salesman, had been charged with permitting the use of his vehicle without insurance, an offence that carries 6-8 points on conviction and potential disqualification from driving. This came about after he had nominated a driver from abroad in response to a request for identification of the driver under s172 Road Traffic Act 1988. The police had then asked under what circumstances the nominated driver had been driving but failed to caution him before doing so or explain that his responses would be used as evidence. Mr Mohammed’s responses to the written questions put to him by the police were excluded due to the unfairness caused by the approach taken by the police. The case was therefore dismissed due to a lack of admissible evidence.
What Mr Mohammed said: “What impressed me initially was that my call was answered late on a Saturday evening – I was expecting an answering service. I was given the advice I needed immediately and this remained consistent throughout the whole case. The charge against me was dismissed following legal argument. I could not be more satisfied with the service I have received from Kenway Miller Solicitors.”
3. Driving without due care and attention
B Patterson, Peterborough Magistrates Court
Mr Patterson, a farmer, was charged with driving without due care and attention following an accident which resulted in a plough being transported by his tractor colliding with a pedestrian which caused head injuries. He decided to enter a guilty plea to the offence, which carries between 3-9 penalty points on conviction. After representations were made on his behalf, the Court endorsed 3 points on his licence and a small fine which was the best possible outcome.
What Mr Patterson’s wife said: – “Brian was satisfied it was the minimum he could have hoped for under the circumstances. We would also like to thank your supporting staff who have been very helpful and quick to respond to queries. So many solicitors and their staff leave answer phones to take messages and take hours or even days to respond, which isn’t very helpful. Thank you again and in the nicest possible way, hope not to have to call on your services again.”
4.Speeding – acquittal
A Walker, Nottingham Magistrates Court
Mr Walker, a chief executive and businessman, contacted us after he had pleaded guilty to a charge of speeding which left him at risk of disqualification under totting up. Noticing that the charge against him had been drafted incorrectly, we applied successfully to have his plea set aside and the matter was fixed for trial. At the trial, numerous aspects of the evidence against him did not come up to the required standard. Following representations by Matthew Miller, Solicitor, it agreed to offer no evidence.
What Mr Walker said: “When I first made contact following my guilty plea I thought it would be case of doing what we could to avoid disqualification so to avoid any penalty at all surpassed my every expectation. Your knowledge of the technical aspects of the law was excellent and you were always available to answer my queries.”
5. Speeding – acquittal
Mr A Constantine, Norfolk Magistrates Court
In a case that was widely reported in the local and national media, Mr Constantine was acquitted after it became apparent that the speed camera which captured the offence had overestimated his speed by over 30mph.
What Mr Constantine said: “I would, and have been heartily recommending Kenway Miller Solicitors to any motorists facing prosecution. From the first moment I spoke to Hilary, and throughout the entire 11 month process of my case, both herself and Mathew Miller were colossal in their support and professionalism. It was refreshing to have encountered a company that genuinely cares, and I cannot thank them enough for their assistance in helping me achieve the best possible result.”
6.Failure to provide a specimen for analysis – successful appeal
Mr C Jackson, Bolton Crown Court
Mr Jackson contacted Kenway Miller a short time before his trial in the Magistrates Court when he was still being represented by an extremely well-known firm of motoring solicitors. Dissatisfied with the level of their fees and the fact they had advised him to plead guilty, he decided to instruct us to defend him instead. Unfortunately he was convicted following trial in the Magistrates Court partly because there had not been sufficient time for us to properly prepare his case before trial and obtain expert evidence. An appeal to the Crown Court was lodged and the disqualification imposed was suspended. The appeal took some months to be heard and an expert report was obtained in relation to the performance of the Intoxilyser device. This suggested that the instructions given by the police about how to blow into the device may have been the reason for its failure to detect a valid specimen of breath. Mr Jackson’s appeal against conviction was allowed.
“I contacted Kenway Miller Solicitors back in early 2015. I spoke to very polite/knowledgeable and helpful lady named Hillary, as soon as the conversation got underway I knew instantly I had found the right legal team to assist me in my court battles. I tried a very well known law firm previously, who offered very little reassurance in my case. As the case went ahead I was kept fully informed and advised every step of the way. My options were also well advised and explained in detail. My case went on for over one year and was full of none stop obstacle’s/hurdles from the prosecution/police. Matthew compiled a great defence for me even though all odds were stacked against me. Matthew attended Bolton Crown Court on my behalf, battled it out and WON my case.”
7. Failure to provide information – acquittal
Mr J Fraser, St Albans Magistrates Court
Mr Fraser was charged with failure to furnish information having following a speeding offence involving his vehicle. He had nominated his wife as the driver of the vehicle and she in turn had nominated him even though he was not the driver. We made representations to the Crown Prosecution Service to the effect that there was insufficient evidence. On the day of the trial it agreed to offer no evidence and the case against him was dismissed.
What Mr Fraser said: “Kenway Miller were there every step of the way in helping and assisting in every detail of my case, without fuss or hassle, but with excellent support, advice and answers whenever I needed it. Their attention to detail and personal service deserves special mention as I felt nothing was too much trouble and no question or call went unanswered.”
8. Failure to provide information – successful appeal to Crown Court
Mr D Bennett, Bristol Crown Court
Mr Bennett instructed us after he had been convicted of failure to furnish information in his absence, resulting in the number of penalty points on his licence reaching 9. We considered the case papers and noticed that the charge he had been convicted of was invalid, as the alleged offence occurred on a date before the expiry of the 28 day period within which he could respond to the request for driver details. We lodged an appeal to Bristol Crown Court on his behalf which was successful, the conviction was overturned and the points removed from his licence.
What Mr Bennett said: “I have had occasion to instruct Matthew at Kenway Miller on a number of occasions in relation to minor speeding offences and the level of service and expertise he has provided has been absolutely second to none resulting in me being acquitted. I could not recommend him highly enough.”
9. Driving without due care and attention, no further action taken
Mr B Wells, Wiltshire
Mr Wells was involved in a collision with a motorcyclist after turning out onto a side road from an industrial estate. He instructed Kenway Miller to liaise with the police and represent him during his interview. Four months after the accident, and having received written representations from us following the interview, the police decided to take no further action against him.
What Mr Wells said: “Kenway Miller Solicitors provided a high quality,client-centred and professional service throughout, I have no doubt that this resulted in what was a very successful outcome to my case.”
10. Failure to provide a specimen for analysis – acquittal
N Moran, Manchester
Mr Moran was charged with failure to provide a specimen following his admission to hospital following an accident. He had suffered head injuries during the accident and an issue was raised in relation to whether he had the capacity to consent to and understand the procedure for obtaining a specimen of blood. An expert medical report was obtained following which the prosecution discontinued the case before the trial.
What Mr Moran said: “I owe a massive thank you to Matthew at Kenway Miller for the way he handled my case and I will have no doubt in recommending him to any family or friends in the future.”