Professional Motoring Solicitors are advocates who specialize in motoring law and are always ready to defend careless drivers. Once one is caught by police for careless driving and is served with a notice of prosecution which should be 14 days before the court hearing, then the motoring solicitor comes handy to defend such cases. This is where for example motor defence lawyers may be contacted by the defendant to represent them in court.
Careless Driving : Careless driving is defined as an offence that arises when an individual drives any mechanically propelled vehicle either on the road or any other public place short of due care and attention. Persons who are alleged to have been carelessly driving are then advised to seek motoring solicitor for representation in court. This is because motoring offences are a grey area that needs professional training and experience for one to successfully make their argument in court.
Basis Upon Which Motoring Solicitor Argue : Upon the defendant contacting the motoring solicitor, they then seek the facts about the incidence and then advise the client on the basis upon which they will make their argument in court. Consequently, the burden of proof always rests with the prosecution hence the defence lawyer or team task is to pork holes on the prosecution case, find weaknesses and table their argument to dismiss the prosecutions’. There are several viewpoints in which the motoring solicitor can argue on behalf of the defendant.
Vehicle Malfunction : The first one is that the driver was not careless, but the abnormal driving witnesses were due to a vehicle malfunction. This is an argument which when professionally proven by vehicle engineers, they can stand for the motoring solicitor. However, it is the motoring solicitor responsibility to look for a qualified engineer to analyses the vehicle and provide evidence to the court.
Duress: however, an expert examination may present facts that find the defendant to have driven carelessly, a skilled motor solicitor may argue that the alleged careless driving was a result of circumstances of threat or fear to the defendant, and this is called the defence of Duress. Defence of duress is often used by motoring solicitor to avoid careless driving conviction. In conclusion, as a driver it is advised to drive carefully not to risk your life and others, but should one find themselves in such situations of alleged careless driving then one should carefully evaluate themselves to find if they stand a chance of succeeding in court even before contacting the motoring solicitor.
Consequences of Motoring Solicitor activities: The motoring solicitor is known to winning most of their court cases, and this is having some consequences on the drivers’ behaviour. Prosecutors have been arguing that at the point of offense the drivers talk rudely and mention that even if they are taken to court the motoring solicitor will represent them and they will be let free. This behaviour is on the rise, and it is attributed to the rigorous court defence presented by motoring solicitors. Secondly, the drivers at times deliberately drive carelessly considering they have a strong team to defend them in case they are caught up with. In conclusion, the motoring solicitor have advantages and disadvantages, however, drivers also have an obligation to protect themselves and others by driving with due care and attention.