Driving an Aston Martin through the law

[Bonefishblues]

On the subject of avoiding a totting up ban, here's Martin Porter in the interview already linked in the "Death by dangerous cycling" thread.

There’s a massive industry of lawyers out there who can almost guarantee getting a convicted motorist out of losing their license, for a price.

It’s easy for a lawyer to present the client as in hardship: “How am I going to get to work or get the kids to school?” And this is all premised on the assumption that the courts share that you can’t live a normal life without the ability to drive around. There are lots of people driving around with well over 12 points on their license.

It’s big business for these lawyers. It’s a fairly scandalous state of affairs.

http://www.cyclist.co.uk/news/3372/cycl ... -interview

Finally found some facts. See the link in a (disapproving, it's perhaps worth noting) Auto Express who made a FOI request of the DVLA reference drivers with 12 or more points. Worth reading.

http://www.autoexpress.co.uk/car-news/c ... riving-ban

[pete75]

What about magistrates? I thought they were decent people serving the community
Looks like the loophole lawyers can influence them, is that right?

They're amateurs in a world of professionals. District judges are frequently sitting in magistrates courts now. They are more likely to give the correct verdict and sentence. I suspect chummy wouldn't have got off so lightly if he'd been up before a district judge.

[NUKe]

Not quite true in magistrates court there are a couple of professional, one of the magistrates will normally be a stipendiary and the Clerk of the Court will also be a legal person.
Back in my distant past, I was up before the magistrates on minor traffic infringement, The magistrates seemed to want to make an example of me, but the Clerk of the Court spoke up on my behalf after he realised, what was happening and the 9 points they were discussing giving me, for what was essentially a minor rear end shunt, got reduced to the minimum for the offence of 2 points.

[Tangled Metal]

Aaah! You got let off! Typical!

[thirdcrank]

In the magistrates' court you have at least two lay magistrates with a legal advisor - formerly the court clerk (not to be confused with the Magistrates' Clerk who is the local manager of the Courts Service. Since the re-organisation, they may have a new title like area manager.)

A district judge - a qualified lawyer, formerly known as a stipendiary magistrate - sits alone and without a legal advisor. They do have a clerk to sort out paperwork etc.

It seems that the govt., has been keen to increase the number of district judges because, overall, they cost less than lay magistrates when expenses and the cost of the professional legal advisor are included. They can also get through more work because they don't have to keep retiring for a discussion. They can also face loophole merchants on level terms.

Unless something fundamental has changed, the only time lay magistrates sit with a judge is at some Crown Court cases. AFAIK, this is a leftover from the old Quarter Sessions, where the Recorder would sometimes sit with lay magistrates.