Byrne Frodsham & Co.
1 - 3 Deacon Road, Widnes, Cheshire, WA8 6EB
Tel: 0151-424 5601/3, 0151-424 2340 Fax: 0151-495 2297, DX 15956 Widnes 2
E-mail to - Byrne Frodsham & Co

 
MOTORING OFFENCES
 

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• Drink Driving/Failing to Provide a Specimen
• Speeding/Failing to Provide Details
• Careless Driving/Accident Offences

DRINK DRIVING/FAILING TO PROVIDE A SPECIMEN

A conviction for driving with excess alcohol or failing to provide a specimen will very often have a devastating effect upon a person’s livelihood as it will, in the absence of special reasons, almost certainly result in the loss of that person’s driving licence. In extreme cases such a conviction may even result in a period of imprisonment.
 
It is often thought that there are no defences to a charge of driving with excess alcohol or failing to provide a specimen. Many lawyers also share this belief and will always advise a client to plead guilty because of a lack of knowledge or experience of what is an increasingly complex area of law. However, there is a wide array of potential defences available, ranging from legal technicalities to medical or scientific issues.
 
A thorough examination of the circumstances of a case and the relevant law will often reveal a full defence to the charge.
 
Therefore if you have been charged with an offence of driving with excess alcohol or failing to provide a specimen it is important that you consult an expert lawyer as a matter of urgency.

Barry Cashman is our expert in road traffic law. He deals primarily with allegations of driving with excess alcohol and failing to provide. He has been involved in road traffic law for almost 30 years and acts for clients nationwide.
 
Barry has been involved in many leading cases dealing with excess alcohol offences, a number of which have resulted in appeals to the High Court and to the House of Lords. Leading appeal cases in the House of Lords in which Barry has acted include:
 
Director of Public Prosecutions -v- Butterworth [1994] RTR 330;
Director of Public Prosecutions -v- McKeown and Jones [1997] 1 All ER 737; and
Director of Public Prosecutions -v- Jackson; Stanley -v- Director of Public Prosecutions [1998] 3 All ER 769.
 
In addition to understanding the complex legal issues in these cases, we also appreciate the personal issues which inevitably arise when a client is charged with driving with excess alcohol or failing to provide a specimen. For many of our clients the stigma and embarrassment of such an allegation is as damaging as the potential loss of their driving licence, particularly where the client is a police officer, doctor, lawyer or company director.
 
As a result of this, we will act with discretion throughout your case. We now maintain a policy of never discussing our clients’ cases with the media. Nor do we publish testimonials on this website.
 
We aim to achieve the best possible results for our clients, adopting the lowest possible profile.
 
If you have been charged with an offence of driving with excess alcohol or failing to provide a specimen and would like a free, no-obligation discussion as to whether there is any potential defence available, please feel free to contact us either by telephone or by email.
 
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SPEEDING/FAILING TO PROVIDE DETAILS
 
In addition to our expertise in defending allegations of driving with excess alcohol, we also deal with allegations of speeding and failing to provide details as to the identity of the driver.
 
With the advent of the speed camera, and the subsequent introduction of increasingly sophisticated speed measuring devices, more and more motorists are finding their driving licences under threat. Many people believe that there is nothing which can be done to defend or mitigate an offence of speeding.

However this is not the case.
 
Like all areas of road traffic law, there are a wide range of potential defences available, ranging from legal technicalities, to scientific challenges to speed measuring devices.
 
We are also experienced in protecting our clients’ driving licences by means of an agreed basis of plea, a plea of mitigation, or a plea of special reasons where appropriate.
 
If you are being investigated or prosecuted for an offence of speeding or failing to provide details and would like a free, no-obligation discussion as to whether there is any potential defence available, please feel free to contact us either by telephone or by email.
 
Please beware of websites and other sources offering strategies for fighting allegations of speeding which centre on making misrepresentations to the police and the courts. An increasing number of people are being prosecuted, and in some cases imprisoned, for perverting the course of justice for endeavouring to avoid a conviction for speeding - a very heavy price to pay when compared with the fine or at worst disqualification which would have resulted from such a conviction.
 
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CARELESS DRIVING/ACCIDENT OFFENCES
 
We will also act for clients in relation to offences arising out of road traffic accidents, including careless driving, failing to stop, failing to report an accident. Clients often find the court process daunting.
 
All traffic related allegations require specialist advice from the very beginning. They are rarely straightforward and an ill-judged, unconsidered response soon after a traumatic and unexpected incident can have far-reaching consequences.
 
In addition to employing technical defences where appropriate, we have considerable experience in analysing and assessing prosecution evidence in respect of such allegations.
 
If you are being investigated or prosecuted for an offence of careless driving, failing to stop or failing to report and would like a free, no-obligation discussion as to whether there is any potential defence available, please feel free to contact us either by telephone or by email.
 
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