Specialist Road Traffic Solicitors

Carter Moore Solicitors are specialist road traffic solicitors dedicated to defending drivers charged with road traffic offences.

Our team will provide an efficient yet friendly service aimed at guiding you through every stage of a road traffic prosecution.

We can assist if

• You have received a 'Notice of Intended Prosecution'.
• You have received a summons or been charged with any driving offence.
• You are due in court may lose your licence.
• You think your car may have been flashed by a speed camera.
• The police want to interview in connection with an accident or incident.
• You have been involved in a road traffic collision.
• You have been arrested on suspicion of drink driving.
• The police say you have gone through a red light.
• You have been accused of driving dangerously or without due care.
• You have been asked to produce your driving documents at your local police station.

If the above applies to you or you have any other road traffic query call us now on 08458 737 333.

We have solicitors on hand 24 hours a day who will provide you with free initial advice.

Our specialist team is waiting to take your call.

Carter Moore Solicitors offer a nationwide service, providing free initial advice in relation to specific areas of law, and are members of the Very High Cost Cases (VHCC) panel operated by the Legal Services Commission. Only members of the VHCC panel are able to take on publicly funded cases which meet VHCC criteria. Personal injury matters can be funded on what is traditionally known as a ‘no-win no-fee’ basis.

A uniformed police officer can stop a person driving a mechanically propelled vehicle or a bicycle on a road. Police officers can stop and search a vehicle if the vehicle appears to be in breach of the regulations relating to the construction of the vehicle.

Punishment

Defects in tyres and brakes and steering may carry a possible disqualification or 3 penalty points and up to £2500 fine.

Experienced Commercial Fraud Solicitors

To speak to a solicitor specialising in commercial fraud today, call Carter Moore 08458 73 73 33 or fill in an online enquiry form. Your call will be answered by a legally trained team member who will be able to advise you on how best to progress your case. 

No win no fee personal injury compensation claims solicitors

When you contact Carter Moore Solicitors, we will arrange a free initial consultation with a lawyer who specialises in your specific type of personal injury claim and will be able to advise you on any aspect of your claim for compensation. These commonly include

• how strong is your compensation case? – how likely is it that you will win?
• how long will it take to resolve?
• how much money can you expect to receive in compensation?

1. Clinical Negligence
2. Accidents at Work
3. Road Traffic Accidents
4. Slips, Trips and Falls on Private or Public Property

1. compensation for pain and suffering caused as a direct result of your injuries.
2. compensation for any loss of earnings and financial expenses which were a result of your injury
3. compensation for any financial difficulties you may continue to suffer because of permanent damage caused by your accident or illness

Cases deemed to be serious are tried before the Crown Court. Examples include offences of murder, robbery, kidnap, sexual offences, the importation and supply of drugs and people trafficking. We have an impressive record of successfully defending such cases, due to our resolute and robust representation of clients facing these serious allegations. We can offer help at any stage of the proceedings, but an individual's chances of success are greatly improved by seeking advice at the earliest stage of an investigation.

Carter Moore Solicitors - Specialists in Serious Crime Defence

Our solicitors are experienced in the management of serious crime defence cases and provide clients with comprehensive advice on all aspects of serious and organised crime.

Managing partner Jeremy Moore has many years of experience in serious crime and specifically defendants charged with murder. He has represented clients in a number of high profile cases.

Facing an Accusation of Serious Crime - The Next Step

The first step when faced with an accusation of a serious crime is to speak to a specialist solicitor for advice as soon as possible. To speak to a solicitor at Carter Moore, please phone 08458 73 73 33 or fill in an online enquiry form and we will respond to your enquiry within 24 hours.

Appeals

Carter Moore Solicitors are one of the leading UK firms providing specialist advice and representation to clients on potential appeals against both conviction and sentence.

Having been wrongfully convicted of a crime you will want to ensure that you have the best team in place to conduct your case to give yourself the best chance of successfully appealing your conviction.

With many years of experience in representing clients in some of the most challenging and high profile cases, Carter Moore are best placed to guide you through the difficult appeal process and provide careful and detailed advice on the prospects of a successful appeal on the particular facts of each individual case.

We have access to a network of experts who are able to analyse the scientific evidence presented at trial in minute detail in an attempt to highlight flaws in the prosecution’s case. We also work closely with some of the leading barristers in the country whom we hand pick for their reputations gained from working on some of the most difficult and challenging cases.

Our team, led by partner Jeremy Moore, who represented for Barry George in his successful appeal and retrial for the murder of television presenter Jill Dando, have a reputation for attention to detail and have many years of experience in seeking out new evidence that can be the key to a successful appeal.

We continue to be instructed in some of the country’s most notorious cases and enjoy a growing reputation for the quality of our advice and the service we are able to provide to clients.

If you wish to instruct Carter Moore to assist in your case please call Jeremy Moore on 08458 737 333 

Carter Moore Solicitors are one of the leading UK firms providing specialist advice and representation to clients on potential appeals against both conviction and sentence.

Having been wrongfully convicted of a crime you will want to ensure that you have the best team in place to conduct your case to give yourself the best chance of successfully appealing your conviction.

With many years of experience in representing clients in some of the most challenging and high profile cases, Carter Moore are best placed to guide you through the difficult appeal process and provide careful and detailed advice on the prospects of a successful appeal on the particular facts of each individual case.

We have access to a network of experts who are able to analyse the scientific evidence presented at trial in minute detail in an attempt to highlight flaws in the prosecution’s case. We also work closely with some of the leading barristers in the country whom we hand pick for their reputations gained from working on some of the most difficult and challenging cases.

Our team, led by partner Jeremy Moore, who represented for Barry George in his successful appeal and retrial for the murder of television presenter Jill Dando, have a reputation for attention to detail and have many years of experience in seeking out new evidence that can be the key to a successful appeal.

We continue to be instructed in some of the country’s most notorious cases and enjoy a growing reputation for the quality of our advice and the service we are able to provide to clients.

If you wish to instruct Carter Moore to assist in your case please call Jeremy Moore on 08458 737 333 

No Win No Fee Slip, Trip or Fall Compensation Claim Solicitors

Case Study

To be convicted of driving with excess alcohol the prosecution must show that at the time when you were driving, you had excess alcohol in your blood, urine or breath.

The following limits apply in all drink drive cases:

• 35 microgrammes of alcohol in 100 millilitres of breath
• 80 milligrammes of alcohol in 100 millilitres of blood
• 107 milligrammes of alcohol in 100 millilitres of urine

Prosecutions for drink driving normally arise when a motorist has been stopped at the roadside by a police officer and required to comply with a roadside breath test.

Where the roadside breath test results in a 'fail' the motorist will be arrested and taken to a police station to prove the precise amount of alcohol in their system.

The sample taken at the police station is usually a further sample of breath which is taken and measured for alcohol using a breath testing machine.
In certain circumstances, the police are permitted to take samples of blood or urine instead of, or, in addition to a sample of breath.

A sample of blood must always be taken by a doctor. When blood and urine samples are taken, they are usually sent away for laboratory testing to establish the precise amount of alcohol within them.

Failure to comply with the requirement to provide a sample at the police station can result in prosecution for the separate offence of failing to provide a specimen.

If you believe that you have been wrongly accused of 'drink driving' we can closely examine the circumstances of your case and advise you as to any potential defences.

The following issues frequently arise in cases dealt with by Carter Moore Solicitors.

Improper Procedure

The Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 set out very strict procedural guidelines that must be followed in all cases when a motorist is required to provide specimens of breath, blood or urine. If those procedures have not been properly followed by the police it may be possible to argue that the prosecution should fail

Breath Test Machine Malfunction

Occasionally, the machines used by the police can malfunction and produce false readings. All machines used by the police must be properly calibrated and in good working order.

The ‘Hip Flask’ Defence

There is a legal presumption that the amount of alcohol found in a motorist's body at the police station would have been the same as the amount of alcohol in their body when they were driving. However, Carter Moore have advised a number of clients who have consumed alcohol after they drove but before they were breath tested and therefore wish to argue that they were not over the limit at the time when they drove. This is often described as the ‘hip flask defence’.

Punishment

A fine, up to 6 months imprisonment and disqualification for a minimum period of one year.

The minimum period of disqualification is 3 years where a driver has a previous alcohol related offence within the last 10 years.

Dangerous driving falls into three general categories:

1. Dangerous driving
2. Careless driving
3. Death by dangerous driving

To be guilty of dangerous driving you must have driven in a way that "falls far below what would be expected of a careful and competent driver" and it must be obvious to a careful and competent driver that driving in that way would be dangerous.

Dangerous driving offences can include such behaviour as driving under the influence of alcohol or drugs; street racing; driving at excessively high speeds; very aggressive driving; undertaking; weaving between lanes in order to force your way through traffic; overtaking where it is illegal or simply dangerous such as on a bend or a hill; ignoring road signs, traffic markings or traffic laws; use of a mobile phone while driving; reading a map while driving; and driving a vehicle which is overloaded or not roadworthy.

Often prosecutions for dangerous driving are brought when a serious road traffic accident has occurred. In the most serious cases, a lengthy police chase may have occurred and the driver may have gone through red traffic lights and drove on the wrong side of the road placing pedestrians and other drivers at extreme risk.

The burden for proving dangerous driving is on the prosecution and demonstrating that your standard of driving was far below what would normally be expected of a careful driver can be difficult and often the prosecution must rely on accident investigators or expert witnesses. You will want a solicitor who is an expert in dangerous driving cases and who understands how to question the expert witnesses and how to find witnesses to counter the prosecution.

Information about Dangerous Driving Offences

Dangerous driving is a serious offence and often results in prison sentences. The punishment is between 3 - 11 penalty points and obligatory disqualification for a minimum of one year. In addition, you may receive up to two years imprisonment. Anyone convicted of dangerous driving must take a re-test before they will be permitted to drive again. Dangerous driving cases can be dealt with in the Magistrates' Court or in the Crown Court. For this reason, representation and proper advice on being charged with dangerous driving is essential.

CM Solicitors are experts in handling dangerous driving offences. We understand that often there are special circumstances which may cause a driver to appear to act recklessly or which may lead to an accident and we can help you defend the quality of your driving and we will argue the presence of any mitigating circumstances which can help you avoid a penalty or reduce the severity.

If you have been charged with a dangerous driving offence call CM Solicitors today on 08450 944 544* for a free consultation about your dangerous driving case.

Where dangerous driving results in death, the driver who is allegedly responsible will be given a specific charge of causing death by dangerous driving. This is a very serious offence which frequently results in lengthy prison sentences. It can only be dealt with in the Crown Court. As such, high quality legal representation is crucial.

The punishment for death by dangerous driving under UK driving law is between 3 and 11 penalty points and disqualification for a minimum of two years plus up to 14 years imprisonment. Anyone convicted of causing death by dangerous driving must take a re-test before they will be permitted to drive again.

A number of factors will be taken into consideration by the judge when determining the sentence for death by dangerous driving. Circumstances which may cause a harsher penalty include:

• prior conviction(s) for speeding, dangerous or careless driving


• drink driving - the driver being under the influence of alcohol or drugs


• the driver being found guilty of other offences such as driving without a license or without insurance at the same time the dangerous driving incident occurred


• ignored warnings from passengers


• speeding - driving at an excessive speed


• driving while suffering from a medical condition which may impair driving skills such as epilepsy or low vision


• driving while extremely tired


• driving a vehicle which is not roadworthy, for example if the driver knew the brakes were faulty or the tyres needed replacing


• driving without due care - driving while distracted including talking on a mobile phone, texting or reading a map


• aggressive driving such as overtaking on a bend, weaving between lanes, undertaking or deliberately cutting off other drivers


• multiple victims - if more than one person is killed or there are serious injuries in addition to a death


• behaviour at the time of the accident including any attempt to avoid arrest, to leave the scene of the crime or any bail or parole conditions

While the penalty if convicted for death by dangerous driving will be worse depending on the defendant's behaviour, the penalty may also be reduced depending on certain mitigating factors which include:

• a clean driving record with no previous convictions


• a guilty plea


• clear evidence of genuine remorse


• youth or inexperience which may have caused the driver to not know how to react to a situation


• serious or life-changing injury to the defendant

Call CM Solicitors on 08458 737 333 for a free consultation about your dangerous driving case.

Driving without a valid license will get you a penalty of 3-6 points and a maximum fine of £1000. The court can also issue a driving ban which stops you from obtaining a driver's license for a set period in the future. You may also receive further charges of driving without insurance as your insurance may be invalid if you do not have a valid driver's licence.

Driving while disqualified

Driving your car while disqualified or knowingly allowing a disqualified driver to drive can result in 6 penalty points, up to a £5,000 fine and up to 6 months in prison as well as a discretionary disqualification, if the court feels the offence is severe enough. Obtaining a new license while disqualified can lead to up to a £1,000 fine. As the license itself will not be valid, you can also be charged with driving without a license.

It can sometimes be difficult for the authorities to prove that you were not only driving a vehicle but that you were disqualified at the time. Using modern technology, however, which includes speed and traffic cameras and easily accessible computer files, it is much easier for the police to recognise cars which are being driven that are registered to drivers who have been banned from driving than it used to be.

When you hire a solicitor that specialises in driving bans they can help you prove that there were special circumstances. If you can show that you or someone else was in danger at the time and that your taking control of the vehicle was the best way to escape the threat, then you can avoid a penalty. For example, if you can show you were driving somebody to hospital and it was an emergency, then you can claim that there were special circumstances which required you to drive a car while disqualified. Even if you are guilty of driving while disqualified or driving without a license, a solicitor that specialises in traffic offences may be able to help reduce your punishment by knowing what other mitigating circumstances might exist which should be brought to the attention of the court.

Driving without a license is a very serious offense because it can have consequences for other drivers if you are responsible for causing an accident. If you have no driver's license and your insurance is invalid as a result then the victim will be responsible for the costs and their insurance premiums will increase, potentially causing them financial hardship. While it is possible to avoid conviction if you can prove that "special reasons" exist, you should seek specialist legal advice as soon as possible.

CM Solicitors can offer you advice on what to do if you have been caught driving without a license or facing a conviction for driving while banned. Our solicitors specialise in driving offences and we will be happy provide an initial consultation for free.

Contact CM Solicitors on 08458 737 333 today to speak to somebody about a driving licence offence.

* Calls are charged at local call rate when using a BT landline, other providers/operators may charge differently.

CM Solicitors specialise in cases involving charges of careless driving, inconsiderate driving or death by careless driving. If you have been charged with careless driving it is important that you get good advice. CM Solicitors understand that even if you are guilty, disqualification or a fine can cause you hardship and we can help determine if there are any mitigating circumstances that you can bring before the court. We have a history of helping drivers facing prosecution for careless driving.

Driving without due care, or careless driving, is one of three specific classifications of driving offences related to dangerous driving. To be guilty of a charge of careless driving, the prosecution must prove that you were not showing the level of care and attention that should be expected from a reasonable driver.

You may be charged with careless driving if you cause an accident as a result of not paying close enough attention to the road because you were distracted, tired or otherwise preoccupied or performing an allegedly illegal manoeuvre. If, for example, you failed to stop in time because you were lighting a cigarette or changing a CD, you may be charged with careless driving because you were not giving due care and attention to the road and the cars around you. A driver who has caused an accident because he misjudged the speed of another car or failed to notice an oncoming car, cyclist or pedestrian because of poor visibility may be prosecuted for careless driving. Driving without due care is a lesser charge than dangerous driving and comes with a punishment of 3-9 penalty points, discretionary disqualification and a fine and a conviction will invariably affect your insurance premium.

Death By Careless Driving

The government is currently drafting new legislation which includes a new charge of death by careless driving. This charge would cover deaths resulting from traffic accidents caused by an error of judgement or a lack of due care and attention where there is no proof of deliberately reckless driving. The penalty for death by careless driving will range from a community order to, in extreme cases, a sentence of up to three years imprisonment.

Inconsiderate Driving Offences

Inconsiderate driving is another charge which relates to careless driving. Inconsiderate driving is road traffic behaviour which can be proven to have inconvenienced other drivers. Tailgating, flashing your headlights or beeping your horn in order to intimidate another driver into speeding up or changing lanes, speeding up through puddles and splashing pedestrians and failure to move out of the overtaking lane are all examples of inconsiderate driving or driving without reasonable consideration for other road-users.

Call CM Solicitors today for a free consultation regarding your careless driving case.

CM solicitors are specialists in alcohol related drinking and driving offences and have given legal advice to many clients facing an immediate drink driving ban or the consequences of a drink driving conviction.

Carter Moore has solicitors on hand 24 hours a day who will provide you with free initial advice. Our specialist team is waiting to take your call.

In certain circumstances even when the amount of alcohol in your blood is above the legal limit and you are facing a drink driving ban there may be potential defences. These include;

Drink driving while under duress - if you can show that you were genuinely in fear of suffering harm or a serious physical injury and only drove your car to avoid that threat, there is a potential defence. You will need to show the circumstances and the critical issues are distance, also whether the threat was real or perceived and whether a sober person of similar characteristics would have responded in the same way. The only justified reason to drive is to escape immediate danger so the Court will pay great attention to the distance driven.

Spiked or laced drinks - it is possible that your drinks were "spiked" or laced. You will need to show that if the drink had not been spiked you would have been below the limit or your ability to drive would not have been impaired or that you had no knowledge that your drink had been spiked.

Technical Defences - There may be various technical defences available to you. The Prosecution must prove the case beyond any reasonable doubt and if the Prosecution have made a procedural error then this may raise enough doubt to substantiate an acquittal for drink driving. Often the Prosecution evidence is full of hearsay evidence and therefore inadmissible and sometimes the statutory warnings are not given to a defendant this is mandatory in excess alcohol related cases. In addition the Prosecution sometimes have a break in the continuity of evidence which again raises doubt against a drink driving offence. These are a few examples of Prosecution deficiencies that our strong legal team will find for you.

If you or any member of your family is facing a drink driving ban, contact CM Solicitors today via our online contact form or phone on 08458 737 333  for free advice about your case.

The law in this area is complex and the obligations imposed vary depending upon whether a person was the ‘keeper’or ‘other than the keeper’ of the vehicle at the relevant time. This is not necessarily the same as being the ‘registered keeper’.

For the above reasons, if you have received a Notice of Intended Prosecution we advise that you contact us immediately.

If you do not know who the driver was at the relevant time you may have a defence if you can establish that you acted with "reasonable diligence" to ascertain who the driver was. This will often involve, at the very least, requesting a copy of the photographs to assist in identifying the driver.

If you are the owner of a company the rules are stricter and there is an obligation to keep a log of who is driving a company vehicle at any particular time.

Punishment

A fine and 6 penalty points

A person may have a “reasonable excuse” if there are medical reasons for their failure to provide a specimen for example, if breathing difficulties prevent them from blowing into the machine. Alternatively, a person may argue that a phobia of needles prevented them from being able to provide a specimen of blood.

If you think that a “reasonable excuse” may arise in your case Carter Moore Solicitors can advise you and help you to prepare your defence. Expert evidence is often essential. In addition, Carter Moore Solicitors can carefully analyse the circumstances in which a sample has been requested to ascertain whether the requirement was lawful.

Punishment

Failure to comply with a roadside breath test carries a fine, 4 penalty points and discretionary disqualification.

Failure to comply with the requirement to provide a sample at the police station carries a fine and disqualification for a minimum of 12 months. This minimum period rises to 3 years where a person has been convicted of an alcohol related offence within the last 10 years.

The Prosecution does not need to show that the vehicle was being driven at the time, merely that it was in use.

The Prosecution will need to prove that you had use of the vehicle on a road or public place. If they cannot show this, then they will be unable to prove their case against you.

The law in this area is complex and widely drafted. It is not a defence that you were unaware that you had no insurance. However there may defences and you should contact us so that we may advise you as to whether we can challenge the Prosecution.

If you have no defence, we may still be able to assist you to avoid penalty points by arguing special reasons [link to avoiding disqualification], for example; emergency or if you were misled into believing you were insured.

Penalties

6 - 8 penalty points or a discretionary ban and a fine of up to £5,000

A number of road traffic offences carry a mandatory disqualification. This means that the court has no option but to disqualify the motorist unless ‘special reasons’ apply .

Alternatively, a motorist may also be disqualified under the ‘totting up’ provisions when they acquire 12 or more points on their licence. In these circumstances a motorist will be disqualified for a minimum of 6 months unless they can argue ‘exceptional hardship’ .

New motorists will automatically have their licence revoked if they acquire 6 penalty points within 2 years of obtaining their licence and will be required to retake their driving test.

Avoiding Discretionary Disqualification

Where the court has a discretion whether to disqualify it may be possible to persuade the court not to disqualify due to the circumstances of the offence. For example, it may be possible to argue that the offence was not a particularly serious one and that disqualification therefore should not occur. Alternatively, mitigation may be advanced on behalf of the motorist setting out his/her personal circumstances and the ways that a disqualification could affect them. For example, it could be argued that a motorist would lose their job and/or have difficulty conducting their family life without a car.

If you fear that you may be disqualified the team at Carter Moore solicitors can help you prepare and present mitigation in court.

Special Reasons

Where the offence carries a mandatory disqualification a motorist will only avoid disqualification if they can establish ‘special reasons’. A ‘special reason’ is something that is special to the commission of the offence and cannot be something that is special to the motorist as a person.

A special reason may arise when an offender is misled or tricked into committing an offence, for example, when a motorist drives after their drink has been ‘spiked’. Alternatively, it may arise when a motorist commits an offence in a situation of true emergency, for example, a motorist who speeds to take a person to hospital.

If the court finds a ‘special reason’ it can reduce the number of penalty points to be imposed, reduce the period of disqualification or decide not to impose penalty points or disqualification at all.

Establishing special reasons often involves calling evidence in court and careful preparation. If you feel that a special reason may arise in your case our team can advise you now.

Exceptional Hardship

A motorist who faces disqualification for ‘totting up’ may avoid disqualification by arguing that they would suffer ‘exceptional hardship’. Exceptional hardship may arise if an offender would lose their job. The court is also entitled to take into account hardship that may be suffered by the offender's family, employer or employees.

If you are facing disqualification under the totting up provisions we can advise and help you to prepare an argument in relation to ‘exceptional hardship’.

Reduction of Disqualification for Completion of the Drink Drivers’ Rehabilitation Course

Any person convicted for 6 months or more for an alcohol related offence may be offered the opportunity to attend the Drink Drivers' Rehabilitation Course. Successful completion of this course can result in a disqualification being reduced by up to a quarter.

Removal of Disqualification

A person who has been disqualified for a period of two years or more they may be entitled to apply for removal of their disqualification under the Road Traffic Offenders Act 1988.

The court is entitled to remove the disqualification if it thinks it is fit having regard to the person's character, conduct subsequent to conviction, the nature of the offence and any other circumstances of the case.

If you have been disqualified and wish to apply for removal of you disqualification our team can advise you as to how to proceed.

Below is a table of UK driving offence penalties, fines and driving offences that may result in a driving ban.

CM Solicitors have road traffic offence solicitors on hand 24 hours a day who will provide you with free initial advice on any driving offence or prosecution for driving that you may be facing.

Similar devices include any device that performs an interactive communication function by sending and receiving data. As such, navigation equipment, computer equipment and blackberry's may fall foul of this legislation.

Motorists can use their mobile phones and similar devices whilst driving provided they use a hands free kit that enables them to be used without being held. Alternatively, motorists can use their mobile phone in their car provided they are safely parked up.

The only exception is when a motorist is using a device to make a 999 call in a case of a genuine emergency and when it is unsafe or impractical to stop.

Punishment

A fine and 3 penalty points

A number of road traffic offences carry a mandatory disqualification. This means that the court has no option but to disqualify the motorist unless ‘special reasons’ apply .

Alternatively, a motorist may also be disqualified under the ‘totting up’ provisions when they acquire 12 or more points on their licence. In these circumstances a motorist will be disqualified for a minimum of 6 months unless they can argue ‘exceptional hardship’.

New motorists will automatically have their licence revoked if they acquire 6 penalty points within 2 years of obtaining their licence and will be required to retake their driving test.

Avoiding Discretionary Disqualification

Where the court has a discretion whether to disqualify it may be possible to persuade the court not to disqualify due to the circumstances of the offence. For example, it may be possible to argue that the offence was not a particularly serious one and that disqualification therefore should not occur. Alternatively, mitigation may be advance on behalf of the motorist setting out his/her personal circumstances and the ways that a disqualification could affect them. For example, it could be argued that a motorist would lose their job and/or have difficulty conducting their family life without a car.

If you fear that you may be disqualified the team at Carter Moore solicitors can help you prepare and present mitigation in court.

Special Reasons

Where the offence carries a mandatory disqualification a motorist will only avoid disqualification if they can establish 'special reasons'. A 'special reason' is something that is special to the commission of the offence and cannot be something that is special to the motorist as a person.

A special reason may arise when an offender is misled or tricked into committing an offence, for example, when a motorist drives after their drink has been 'spiked'. Alternatively, it may arise when a motorist commits an offence in a situation of true emergency, for example, a motorist who speeds to take a person to hospital.

If the court finds a 'special reason' it can reduce the number of penalty points to be imposed, reduce the period of disqualification or decide not to impose penalty points or disqualification at all.

Establishing special reasons often involves calling evidence in court and careful preparation. If you feel that a special reason may arise in your case our team can advise you now.

Exceptional Hardship

>A motorist who faces disqualification for 'totting up' may avoid disqualification by arguing that they would suffer 'exceptional hardship'. Exceptional hardship may arise if an offender would lose their job. The court is also entitled to take into account hardship that may be suffered by the offender's family, employer or employees.

If you are facing disqualification under the totting up provisions we can advise and help you to prepare an argument in relation to 'exceptional hardship'.

Reduction of Disqualification for Completion of the Drink Drivers' Rehabilitation Course

Any person convicted for 12 months or more for an alcohol related offence may be offered the opportunity to attend the Drink Drivers' Rehabilitation Course. Successful completion of this course can result in a disqualification being reduced by up to a quarter.

Removal of Disqualification

A person who has been disqualified for a period of two years or more they may be entitled to apply for removal of their disqualification under section 42 of the Road Traffic Offenders Act 1988. Such applications must be heard before the same court that imposed imposed the disqualification.

The court is entitled to remove the disqualification if it thinks it is fit having regard to the person's character, conduct subsequent to conviction, the nature of the offence and any other circumstances of the case.

If you have been disqualified and wish to apply for removal of you disqualification our team can advise you as to how to proceed.

• Approval of devices

These devices use a radar or laser beam to detect the speed of a moving vehicle. They are used by police officers who point the ‘guns’ at a target vehicle. The beam bounces off the vehicle back to the device to produce a speed reading.

• Proper Usage

Most speed cameras have an operational manual setting out how they should be used. In addition, the police are obliged to follow their own detailed guidelines ('the ACPO Guidelines'). Carter Moore is familiar with all of these requirements and can consider whether the speed camera device was properly used in your particular case. We have experience of speeding prosecutions being dropped or thrown out of court where it has been established that correct procedures were not followed.

• Calibration

Most speed cameras must be calibrated annually by the manufacturer to avoid incorrect readings. In addition, the police must perform checks on devices before and after they are used to make sure they are taking accurate readings. Carter Moore Solicitors will always check for proper calibration in a speeding case. If this is not shown, it can be argued that the speed camera device is unreliable, and that the speed camera readings can be incorrect.

• False Readings

Scientific tests have shown that some of the speed monitoring devices used by the police can produce false readings even when they have apparently been properly used. When you receive a NIP, you can request the photographic or video evidence and an expert can help you determine if the speed camera took a false reading. If you have been caught by a Gatso you will receive two photographs.

If you believe that the speed registered by a Gatso camera is wrong, CM Solicitors can use the image to manually calculate your speed, using the following method:

1. In the photo, you will see markings on the road near the Gatso camera. We make a note of how many marks you have passed between the first photograph and the second photograph.

2. We make a note of the time interval between the first photograph and the second.

3. We can then return to the location of the camera and carefully measure the distance between marks. This is usually either 1.5m or 2m. You can convert metres to feet by multiplying by 0.3048.

4. We will use the following formula to calculate your speed: speed in mph= (number of marks passed * feet between marks * 0.6818) / (time interval between the two photographs)

Speed camera false readings is a complex area requiring scientific expertise. However, should you believe that such an error may have occurred in your case, CM Solicitors can help you interpret your speed camera photographs and provide expert witnesses to analyse the particular circumstances of your case.

If you believe that speed camera evidence against you is wrong, you should consult a specialist speeding offence solicitor. If you are facing a driving ban or a large penalty as a result of your speeding offence, CM Solicitors may be able to help get the penalty reduced if there were any mitigating circumstances. Email us or phone us on 08458 737 333* to arrange a free initial consultation and see if CM Solicitors can help with your speed camera defence case.

Police forces use a number of different types of cameras to catch speeding motorists. Each one has its own different limitations which must be taken into account when putting together a speed camera defence case.

Gatso Speed Cameras
The Gatso is the most widely used camera and the most recognisable. Police use both static and mobile Gatso speed cameras to catch motorists. Static Gatso cameras are the big grey boxes that pepper roads across the UK. They photograph cars from behind as they drive past the camera over a series of marks in the road. Police also use mobile Gatso cameras which they can move from place to place and mini-Gatso cameras that operate from the back of a van or parked car.
Because the Gatso photographs a car from the rear, often the driver cannot be identified. These cameras work using a roll of film and a flash so once the film runs out, the camera becomes inactive until the film is replaced. These limitations are being addressed, however, by the appearance of speed cameras which take pictures of the front of cars and through the development of a Gatso that operates like a CCTV camera using a live video feed.

Truvelo Speed Cameras
Because Gatso cameras take a photo from the rear, drivers can use this weakness to claim they were not driving the car. As a result, Truvelo cameras are being used with increasing frequency as they photograph cars from the front.
Truvelo speed cameras use film in the same way as Gatso cameras so will only take photographs until the film has been used. They do not flash, however, as they use infra red. They are also ineffective at catching motorbikes without front license plates.

Digital SPECS System Speed Cameras
SPECS cameras operate by monitoring the time it takes a car to travel between two stationary cameras up to a mile apart and calculating the car's average speed. These small cameras use digital video to store images on a central computer of car registration plates with a timestamp as each car passes each camera. These cameras are becoming more widely used as drivers cannot simply slow down as they reach the camera but must maintain an average speed which equals the speed limit. You have probably seen these in use on motorways where speed limits were reduced as a result of ongoing construction work.

Mobile Radar or Laser Speed Guns
Operators of mobile speed cameras must receive the correct training in their operation as they are tricky to use accurately. When used correctly though, they can operate effectively at distances of up to a mile and a half. Police officers must train the gun at a fixed point on your car in order to get an accurate reading and to make sure that no slippage occurred. Should the officer accidentally move the gun away from the fixed point and down the side of the car, the reading will become inaccurate because the length of the car will be added onto the distance travelled and make the car appear to have been travelling faster than it actually was.
Laser cameras are being used more frequently in place of older radar guns because they have better accuracy and are easier to target onto the correct vehicle, reducing the possibility of errors from both slippage and mistaken identity. CM Solicitors will examine the speed camera evidence against you to determine whether or not you have a good speed camera defence case. We specialise in helping motorists who have been wrongly accused of speeding as a result of problems with a speed camera.

Even if you are guilty of a speed camera offence, we may be able to help you obtain a reduced penalty based on mitigating circumstances. Email CM Solicitors or phone us on 08458 737 333 to arrange a free initial consultation regarding the speed camera evidence in the case against you.

The severity of a speeding offence depends on how fast you were travelling in relation to the legal speed limit on the road. If you are speeding on a regular road you will receive between 3 and 6 penalty points and a fine of up to £1000. This offence is also subject to discretionary disqualification. If you were travelling at 30mph or more over the speed limit you will most likely receive a driving ban.

If you are caught speeding on a motorway, you will receive between 3 and 6 penalty points and a fine of up to £2500. If you are driving at 100mph or more you will most likely receive a driving ban.

Speeding is considered an "absolute offence" which means that unless you can prove that the evidence against you is faulty, you will automatically be found guilty. In many instances when issuing speeding tickets, the police officer in question will give you the option of accepting a fixed penalty which will most likely be lower than if you refuse to admit guilt and pursue the matter in a court of law. If you do take your case to court, you will argue in front of a judge as defendants accused of speeding offences do not receive jury trials.

Before you can be prosecuted for speeding, you must be issued with a NIP (Notice of Intended Prosecution) either verbally by the police officer who stopped you or via post as part of the notification that you were caught by a speed camera. You then have 28 days in which to identify the driver of the car. In all likelihood you will be offered the option of a fixed penalty if you do not want to refute the charge in a court. If you are charged with driving 26mph or more over the speed limit or if the resulting penalty points lead to a penalty points ban then you will have to attend court.

If you are facing a ban or have been caught by a speed camera and you believe you have been wrongly accused then you should seek specialist advice from a solicitor. If you have been given a speeding ticket and you admit that you are guilty, you may still be able to argue that there are mitigating circumstances which should lead to a reduced penalty. A solicitor who specialises in speeding offences can offer you advice regarding what to do about your speeding ticket.

CM Solicitors are specialists in offences involving speeding tickets. If you have received a court summons or you feel you have been wrongly accused and would like some advice on how to proceed, email or phone us on 08458 737 333 to arrange a free initial consultation.

If convicted, then you would be reported to the Traffic Commissioner and your Operators licence could well be affected. Vehicles may be removed from the licence or be suspended for a period.

Tachographs should be properly checked and analysed and the reports you receive should be clear.

In any event, no matter how careful a driver is, simply by being stuck in congested traffic, the driver may be unable to make a stop.

We are able to advise as to possible defences and mitigation in relation to all offences concerning ‘O’ licence holders and drivers.

To discuss any queries, please call us now on 08458 737 333.

In all cases, it must be shown that the lights were correctly operational and that any detection device was in proper working order.

Punishment

A fine, 3 penalty points and discretionary disqualification.

Punishment

Defects in tyres and brakes and steering may carry a possible disqualification or 3 penalty points and up to £2500 fine.

Specialist Regulatory Crime Solicitors

More so now than ever before, companies and individuals are heavily regulated by the government and its agencies, particularly in areas such as Health and Safety and the Environment.

The sheer volume of legislation, regulations, guidelines and red tape means that obtaining expert advice at an early stage is becoming increasingly important.

• Inland Revenue Inspection
• VAT Inspections
• Directors and Officers Liability Charges
• Health and Safety Investigations

Carter Moore personal injury solicitors work on a no win no fee basis to get you 100% of the road traffic accident compensation 

Unfortunately road traffic and car accidents are very common and most of us will have been involved in such an accident at least once in our life. According to Department of Transport statistics there were a total of 247,780 road traffic accident casualties of all severities in 2007 alone.

Carter Moore's  specialist no win no fee road traffic accident solicitors have a great deal of experience in dealing with personal injury compensation claims for drivers, passengers, pedestrians and cyclists alike and have secured compensation in Road traffic accident claims for whiplash, head injuries, broken limbs and leg injuries to name but a few.

Below, you will find a list of the most common types of clinical negligence together with information about how to begin a personal injury compensation claim. If you cannot find the information you require here, telephone us on 08458 73 73 33 for assistance.

• Birth Injuries
• Misdiagnosis
• Surgical Errors
• Medical Establishments
• General Clinical Negligence Issues

Although financial compensation can never fully compensate a person for the physical and mental trauma caused by medical negligence, making a claim can help to ensure the injured person is in a position to receive the necessary treatment and after-care service to aid their recovery. Making a medical negligence compensation claim can also help to make improvements in medical standards by highlighting  problems with the health care service.

If you or a close relative has been affected by medical negligence and would like some further information about making a medical negligence compensation claim, contact Carter Moore on 08458 73 73 33 or complete our online personal injury claim form. Our experienced legal service advisors will be able to assess your potential clinical negligence claim over the telephone and advise you of the first steps towards your compensation.

According to statistics from the Health and Safety Executive there were over 113,000 work related injuries in 2007 resulting in 3 or more days off work.  

If you've had an accident at work then you can make a work accident compensation claim.  Damages may be based on your injuries and other factors such as loss of income or loss of possible future earnings. 

A qualified solicitor will always deal with your case and ensure that you are given accurate advice and high quality representation.

We pride ourselves on our friendly and personable approach whilst always ensuring the highest quality of representation to secure the best possible results for you.

Mark Carter

Mark is the Senior Partner of Carter Moore Solicitors and is a well respected and highly experienced solicitor. He was called to the Bar in 1991 and qualified as a solicitor in 1995. Mark has a wealth of experience in defending high profile crime and fraud cases. His skills have been brought to the road traffic team enabling us to handle road traffic cases to the standards of excellence to which we always strive.

Jeremy Moore

Jeremy Moore is the Managing Partner of Carter Moore Solicitors. He has many years experience in representing clients charged with serious and complex offences including many high profile cases. We are also proud of Jeremy's work in representing persons who have been wrongly convicted of serious offences. He most recently acted for Barry George, convicted of the murder of Jill Dando, in his successful appeal proceedings and subsequently on his retrial where he was acquitted after having been incarcerated for 9 years.

Martyn Walsh

Martyn is a Higher Rights Solicitor Advocate and Head of Motoring Defence. He spent over 4 years employed as a police officer dealing with emergency calls and road traffic matters, whilst also receiving training in speed gun use, road traffic accident management and pursuit policy. In 2002 Martyn began his legal training and now has a large amount of experience in all criminal defence work. He has represented celebrities and professionals in a wide spectrum of motoring  matters and strives to achieve a successful outcome for his client.

David Wacks

David Wacks, as the new Head of Civil Litigation, brings over 30 years experience of successfully handling both commercial and personal disputes. He also advises upon Wills, Probate and Entertainment Law, where he has represented the Actors Union ‘Equity’ for 20 years. David emphasises the regular review of all legal documents and procedures with all his clients so as to help them minimise the risks of litigation.

Michael Shaw

Michael is the Department Head of Personal Injury and has extensive experience in dealing with Personal Injury claims. He has previously worked for two other firms specializing in Road Traffic Accident Claims, Accidents at Work, Slips, Trips and Claims against the Local Authority. In 2003 Michael began studying to qualify as a Solicitor having formally been the Managing Director of a Manchester based Food Retailer. Michael joined the team at Carter Moore in October 2008 and wishes to focus on the key areas of client care and achieving a successful outcome for all clients.

Fatima Bakare

Fatima previously worked for a National Trade union firm where she gained experience in assisting members of the Trade unions, dealing with a variety of legal issues. After completing the Legal Practice course at MMU she progressed to work for a Cheshire based firm, gaining a wide exposure to a mixture of Personal injury work and General Civil Litigation. Fatima undertakes a variety of work including Employers Liability, Public liability, Road Traffic Accidents, Defective products and General Civil litigation claims

Adam Pavey

Adam is a qualified solicitor and deals with a variety of employment law cases including claims for unfair dismissal and discrimination.  He also regularly acts for commercial clients in both contentious and non contentious matters. Adam is actively involved in the Manchester legal community and is a Council member of the Manchester Law Society. 

Selina Sanders

Selina is a qualified solicitor and Head of the Prison Law Department, having joined the team in February 2008. Selina has extensive experience in this field and is regularly called upon to represent clients before the Parole Board, advocating in respect of ‘lifer’ hearings, recalls to prison and IPP tariff expiry matters. On a regular basis Selina is required to provide advice in relation to prisoners rights, sentence planning, re-categorisation, category A reviews and has initiated complex judicial reviews. Selina has also worked on Crown Court matters and has assisted with a successful high profile appeal.

Nicola Hepworth

Nicola was called to the Bar in 2005 and was immediately offered a role in the Serious and Complex Crime Unit at the largest criminal defence firm in the North West.  Since joining Carter Moore in 2009 Nicola has continued to work on the most serious cases including murder; kidnap and fraud in addition to appeals and confiscation proceedings.

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