Chris Harrington of CE Transport Law successfully represented a corporate client at Romford Magistrates’ Court in proceedings alleging an offence under section 172 of the Road Traffic Act 1988, namely failing to provide driver details following a police request.
A conviction would have carried consequences beyond the criminal proceedings. As the holder of a goods vehicle operator’s licence, the company is required to notify the Traffic Commissioner of such a conviction, potentially leading to regulatory scrutiny and implications for its operator’s licence and good repute.
Prior to the hearing, detailed written representations had been submitted questioning whether it was in the public interest for the prosecution to continue. Despite those representations, the matter proceeded to court.
Chris Harrington persuaded the Crown Prosecution Service (CPS) prosecutor to conduct a review of the case in light of the written representations that had previously been submitted. Following that review, the CPS decided to offer no evidence, resulting in the proceedings against the company being formally withdrawn.
The outcome highlights the importance of obtaining expert legal representation at the earliest opportunity. Careful preparation, well-founded legal representations and constructive engagement with the prosecution can result in proceedings being discontinued without the need for a contested hearing.
Chris Harrington of CE Transport Law represents businesses, transport operators, directors and professional drivers throughout England and Wales in motoring prosecutions, public inquiries before the Traffic Commissioner, operator licensing matters, and the full range of transport regulatory law.
If your business is facing a motoring prosecution, regulatory investigation or proceedings before the Traffic Commissioner, contact CE Transport Law for specialist legal advice and representation.
