Absolute Discharge for man driving a truck without the right licence

I recently represented a man charged with driving a truck and trailer combination with a total capacity of ca 11,000kg, though his licence had a CIE entitlement of only 8,250kg. The man mistakenly believed he could drive the truck because the actual weight did not exceed 8,250kg, whereas the law states that the total capacity is the relevant factor. I argued before the magistrates that the information provided by the DVLA, the Government’s transport agency, was misleading. The magistrates agreed, telling my client ‘we would have made the same mistake as you!’ They found Special Reasons for not endorsing my client’s licence and he received an Absolute Discharge.

My client said:

Stephen, you know your stuff! You opened my eyes as to why I needed legal help. I felt I could speak to you about my issues and you were able to explain it in simple terms. I was very impressed with your handling of the case from the beginning through to your superb advocacy in court.’ DW