Motoring Law
Rhys is a leading barrister in the area of motoring law, regularly being instructed by sports-people, celebrities and High Net Worth individuals
Rhys Rosser - A Leading Motoring Barrister
Rhys is regarded as an expert in respect of motoring offences and regularly represents celebrities and famous sports-people. Rhys is also the editor of Butterworths' Road Traffic, one of the leading practitioner's textbooks, so has quite literally written the book in respect of driving offences.
Common Driving Offences
Click on one of the offence types below to read more about the approach to be taken, the potential defences and how Rhys may be able to help in your case
The Golden Rules
Pre-Charge
The Police must serve a Notice of Intended Prosecution on the Registered Keeper within 14 days of the offence in most circumstances.
Even if this is complied with, there are then various other steps that must be complied with.
Instructing Rhys at an early stage can ensure that a front-footed approach is taken and arguments can be put forward as to why prosecution should not be commenced.
This can include evidential challenges but also submissions relevant to the public interest test.
Offences Relating to the Identity of the Driver
Click on one of the offence below to read more about what the Prosecution have to prove, the potential defences and how Rhys may be able to help in your case
Seeking to Avoid a Disqualification for an Offence?
Exceptional Hardship
Exceptional hardship is where an individual faces a totting-up disqualification. This is where the total number of points accumulated reaches 12 and there is an automatic 6 month disqualification. Rhys is very experienced in putting together arguments of exceptional hardship to seek to persuade the Court that disqualification ought not to be imposed.
When one is arguing exceptional hardship, it is important to present the argument accompanied by evidence. This will involve the driver themselves giving evidence but can be supported by character references and exhibits.
Special Reasons
A special reasons argument is pursued to seek to persuade a Court not to impose a disqualification or penalty points. This will normally relate to facts relating to the offences, it does not apply to matters which relate to the driver.
Regular examples are as follows:
- Spiked Drinks;
- Shortness of distance driven;
- Lack of knowledge that a vehicle was uninsured.
A special reason is mitigation short of forming a defence and must be supported by evidence.
How can a period of disqualification be reduced?
Reducing Disqualification
It is not widely known that when a driver is disqualified for over 2 years, it is possible to apply to reduce the period of disqualification imposed. This is an application made to the Magistrates Court and should be made with supporting evidence.
If the disqualification is less than 4 years, you can apply to reduce your disqualification after 2 years have passed. If it is over 4 years but less than 10 years, the period before which an application can be made is 50% of the period of disqualification.
Click here to read about what to do if you have received a Single Justice Procedure Notice
