Rebecca McKnight successful in appealing motoring offence sentence at Bristol Crown Court

14th December 2022

3PB Barrister’s (3 Paper Buildings) specialist criminal barrister Rebecca McKnightRebecca McKnightCall: 2016 (pictured here) has been successful in appealing a motoring offence sentence at Bristol Crown Court. The sentence was imposed for failing to name a driver under Section 172(3) of the Road Traffic Act 1988.

During the original case, a guilty plea entered online and a sentence of 6 penalty points plus a fine was dealt with in absence at Bath Spa Magistrates Court.

At the time of the offense, Rebecca’s client was within their first two years of driving and consequently, under the New Driver Provisions, their licence was cancelled as a result of having 6 points or more. The provisions also require the new driver to retake their theory and practical test to get their driving licence back. It was her client’s first and only offence and this loss would have caused them significant problems.

On appeal, the court concluded that there were special reasons, and the licence would not be endorsed with 6 penalty points. Therefore, the license would not be cancelled, and they could continue driving. On top of that the court felt the mitigation was sufficiently strong enough to impose an absolute discharge in the place of the original fine.

If you wish to contact or instruct Rebecca, please contact Chambers Director Stuart Pringle or telephone 01962 868884.