Wirral Life Issue 73 | Page 16

DRIVING OFFENCE ? HERE ' S YOUR MAN ...
W L
DRIVING OFFENCE ? HERE ' S YOUR MAN ...
Wirral Life talk to driving offence law firm specialist , Frank Rogers .
How did you first get interested in defending drivers when they are prosecuted ?
My first Magistrates Court case for a driver was a Trial I dealt with 2 weeks after qualifying ! “ Eric ” was a delivery driver for a fish wholesaler and his van hit a bus . He did not realise this so did not stop . He pleaded not guilty to careless driving , failing to stop & report an accident . Several bus passengers gave evidence against him but I was able to demonstrate that from where they were sitting they had a poor view of what had happened . His white van was covered in paint scrapes from earlier incidents so he argued that when he returned to his employer , he could not possibly identify a new scrape ! He was acquitted of all 3 charges ! He came to my office the next day with a whole salmon wrapped in newspaper – excuse the pun but from that day in I was hooked !
What made you set up your own law firm specialising in driving prosecutions ?
I set up Frank Rogers Law in September 2020 . I had been thinking about it for some time and when Covid meant Courts stopped dealing with driving cases for 3 months in 2020 , I saw that as my opportunity to convert an ambition to a reality . This left me free to make all strategic decisions without reference to anyone else . I valued the opportunity to select my support team from people I had known for many years : my website team , accountant , insurance broker etc are people I know & trust . It also meant I could focus exclusively on this area of work with no responsibility for growing other aspects of a multi service law firm .
You are based on Wirral but what geographical area do you cover ?
I cover all Courts in England & Wales . On my website is a list of Magistrates ’ Courts I have appeared at , and they stretch from Aldershot to Cumbria & the Northeast . Currently I have cases pending at Harrogate , Guildford , Lincoln , Weymouth , Manchester , Margate & Birmingham . Apart from the local Courts I appear regularly at Courts across North Wales , Yorkshire & the Midlands .
How do clients find you ?
It is pleasing that I still get introductions from individuals & networking organisations I have known for many years . Personal recommendations from former clients are also pleasing but the bulk of my clients find me through my website and the online reviews clients have posted for me . I am very proud of the organic ranking that my website has gained which is down to the great work done by Felix Clarke of Online Business Builder & Chris Davidson of Active Presence Ltd . My landline is answered 24 / 7 – 0151 601 3743 – enquiries @ frankrogerslaw . co . uk
Do you provide free initial advice & offer fixed fees ?
If a client is charged with an offence and know they did whatever is alleged , why should they contact you ?
I encourage people to contact me at the first opportunity . Notices of Intended Prosecution (“ NIPs ”) are sent by the Police in a variety of situations but especially , speeding cases , there can be defects in NIPs which mean the speeding allegation cannot be pursued . There are also situations where , for a variety of reasons , the addressee is not sure who was the driver at the relevant time . I have often advised on how to draft replies to the Police so as to either avoid the person being charged with failing to comply with the NIP or , worse still , be convicted and have 6 points endorsed on their licence .
What other sorts of case do you deal with ?
The simple answer is every possible driving offence . In addition to winning Trials involving NIPs , I have had many clients acquitted of a variety of offences including using a mobile phone while driving , being in charge of a vehicle while over the limit for alcohol , dangerous & careless driving . In one case where a client was charged with failing to provide a specimen of breath when she was suspected of having driven while over the alcohol limit , I had the case dropped by the Prosecution because I proved that when she was arrested in her house the Police were trespassing making the arrest unlawful .
Is this a complex area of the law where people will benefit from getting specialist advice from someone such as yourself ?
Absolutely . Clients will understandably not realise they may have a defence or be able to argue what is known as “ Special Reasons ” for not having points endorsed on their licence . Even if they plead guilty , they will benefit from my knowledge of the law , the relevant sentencing Guidelines and how to present their case so as to achieve the best possible outcome for them . The law is constantly changing & specialising allows me to focus on keeping up to date with these changes .
Do you feel that what you do makes a difference to people ?
A lot of my work involves avoiding clients being banned for a minimum period of 6 months when they reach 12 or more points . I recently avoided a client being banned at Cannock Magistrates Court despite having accumulated 22 points . She was a single parent of two children whose job depended on her having a licence .
Losing a licence can see people lose their jobs & be unable to keep a family home . Business owners may , if banned , see their business fold or at least have to terminate the employment of some of their workforce . Dealing with these cases involves a lot of work . Too often I see people in Court who are unrepresented and get banned for 6 months because they did not appreciate that this could be the outcome .
I offer everyone 30 minutes free initial advice by phone or zoom . Thereafter I work on a fixed fee basis including getting Court papers and providing a detailed advice on the law , evidence , plea and possible sentence .
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