Prosecutions alleging death by careless or dangerous driving
Both of these offences are extremely serious for all those involved including drivers, employers, and insurers. They require sensitive handling and the ability to understand and analyse expert evidence on accident reconstruction. The team has a formidable reputation defending the most serious motoring offences throughout England and Wales, successfully defending coach drivers, HGV drivers and motorists who have been prosecuted for these offences.
Prosecution following serious or catastrophic injury
The team has a comprehensive understanding of the importance of these cases from the driver’s perspective, as well as the inevitability of a high-value civil claim. The team is regularly involved in providing not only advice to the lay client in relation to the criminal offence, but also the appropriate advice to the insurance client to enable appropriate reserves to be put in place, as well as liability considerations.
Prosecutions by VOSA or involving tachograph offences
It is essential that any company or individual who is being investigated or prosecuted by the Vehicle and Operator Services Agency (VOSA) has access to specialist legal advice at the earliest opportunity as the consequences of a conviction can have far-reaching implications. Members of the team have an intimate knowledge of this area and have appeared in a number of cases involving investigations carried out by VOSA. We provide representation in the Magistrates’ Courts, the Crown Courts and appeal hearings against findings of the Traffic Commissioner. We can also represent those who are due to attend public enquiries.
Where the incident has resulted in a fatality there may well follow a coroner’s inquest. We are able to attend on behalf of interested persons and ask questions of witnesses. This can be of vital importance where a decision as to prosecution is still a possibility and advice and representation regarding the Coroner’s Rules relating to self-incrimination is required.
Interviews under caution
Members work closely with solicitors at an early stage to understand the issues a client may be facing and advise accordingly. In the initial stages of an investigation we can provide advice regarding the appropriate approach to the PACE interview. Frequently we are asked to advise on representations that can be made to the police to persuade them that no further action is necessary.