Darren was instructed by Julieta Salguero of DWF Law to defend a company who were being prosecuted by the DVSA for permitting or causing a driver to use a goods vehicle when it was overweight on the rear axle.
Darren had directed proofs which helped to prove that, far from the company permitting the overloading, they had gone to lengths to ensure it did not happen.
The matter came to a hearing in Preston with the DVSA continuing the prosecution. Darren then sent detailed representations and submissions to the DVSA to urge them to discontinue the prosecution as, based on the case law on this point, the DVSA were very unlikely to secure a conviction.
Thankfully the DVSA had stopped the prosecution soon before the matter was listed for trial. Darren is a specialist in criminal / regulatory road traffic matters.
Sentencing guidelines for weight offences start at 150% of a company’s income and increase by 10% for every 1% of overload. As such, it is critical that robust defences are given to such cases to avoid massive fines.
For more information, or to instruct Darren Finnegan please contact Ty Price.
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