McHale & Co. Solicitors Blog

McHale & Co successfully defended a client at Manchester and Salford Magistrates Court who was charged with "failing to comply with the direction given by a traffic sign...contrary to sections 1 and 5 of the Road Traffic Regulations Act 1984". In other words, our client was alleged to have driven through a level crossing when the red lights were showing.

The CPS evidence consisted of a witness statement from a Signaller who manned the crossing. Our client had been travelling through the crossing for many years and denied the offence.

Our client was initially offered a standard fine of £100 with no endorsement of points on his licence. Our client, out of principal and because he did not commit the offence, refused this offer and pleaded Not Guilty.

In pleading Not Guilty, our client risked a fine of up to £1,000 and endorsement of 3 points. However, in reality it was unlikely that the fine would exceed £400 at most.

At trial, the Signaller had taken a note of the registration of the vehicle but was adamant that the driver was female; whereas our client was male. Upon this the CPS dropped the case and the Court awarded our client his legal costs.

If we can assist you with any type of Traffic related offence please call for a no obligation discussion 0161 928 3848