- 23rd November 2022
- Posted by: Quartz Barristers
- Category: Motoring Offences, News
Support with challenging a motoring offence – how can a barrister help contest a driving ban?
Here we will share our guidance on how you can work with a barrister to contest a motoring offence or subsequent punishments that may come about if you are charged with offences such as speeding.
A barrister can help with contesting a driving ban by providing legal advice, representing you in court, and preparing your case. Here are some ways a barrister can assist with your case:
- Legal advice: A barrister can help you understand your legal rights and the options available to you. They can advise you on the strength of your case and the evidence needed to contest the driving ban.
- Representation: A barrister can represent you in court and argue your case on your behalf. They can cross-examine witnesses and challenge evidence presented by the prosecution.
- Preparation: A barrister can help you prepare your case by gathering evidence, drafting legal arguments, and preparing witnesses for trial. They can also advise you on how to present yourself in court and how to answer questions from the judge.
- Appeal: If you have already been banned from driving, a barrister can help you appeal the decision. They can advise you on the grounds for appeal and represent you in court.
Overall, a barrister can provide invaluable assistance in contesting a driving ban. They have the knowledge, experience, and legal expertise needed to help you achieve the best possible outcome for your case.
What reasons can a barrister give to overturn a driving ban?
A barrister may give several reasons to overturn a driving ban, depending on the circumstances of the case. Here are some common arguments that a barrister may use:
- Technicalities in the case: The barrister may argue that the prosecution has failed to follow the correct procedure, or that there is a technical error in the evidence presented against the driver.
- Challenging the evidence: The barrister may argue that the evidence presented against the driver is weak, unreliable or insufficient to prove that the driver was guilty of the offence.
- Exceptional hardship: The barrister may argue that the driver’s loss of their driving licence would cause exceptional hardship to them or to their dependents, such as job loss or inability to care for a family member.
- Medical reasons: The barrister may argue that the driver has a medical condition or disability that requires them to drive, and that the driving ban would cause undue hardship or risk to their health.
- Mitigating circumstances: The barrister may argue that there were mitigating circumstances that should be taken into account, such as the driver’s good driving record, or the fact that the offence was a one-time mistake.
It is important to note that the success of overturning a driving ban will depend on the specific circumstances of the case and the strength of the arguments presented by the barrister.
How can I choose the best barrister to challenge my driving ban?
Choosing the best barrister to challenge your driving ban can be a crucial decision, as it can greatly affect the outcome of your case. Here are some tips to help you choose the right barrister:
- Look for experience: Choose a barrister who has experience in handling driving ban cases. Look for someone who has a proven track record of success in overturning driving bans, as well as experience in dealing with cases similar to yours.
- Check their qualifications: Ensure that the barrister is qualified and authorized to practice law in your jurisdiction. Look for someone who has relevant qualifications, such as being a member of the Bar Council or an accredited specialist in road traffic law.
- Consider their communication skills: Choose a barrister who can communicate effectively with you, as well as the court. Look for someone who is approachable, listens to your concerns, and can explain legal terms and procedures in plain language.
- Check their availability: Ensure that the barrister is available to take on your case and has the time to devote to it. Look for someone who is responsive to your emails and calls and can meet your deadlines.
- Read reviews and testimonials: Check online reviews and testimonials from previous clients to get an idea of the barrister’s reputation and success rate.
- Compare fees: Compare the fees of different barristers to find one who offers value for money. Consider their fee structure, payment terms, and whether they offer a fixed fee or hourly rate.
Overall, choosing the best barrister to challenge your driving ban requires careful consideration and research. It is important to find someone who has the knowledge, experience, and skills to represent you effectively in court. If you need help choosing a barrister, please get in touch with a member of the team at Quartz and we will be happy to help.