The following is an email exchange between Emma Patterson and a solicitor that is applying to become a duty solicitor at the police station and magistrates court.
See what you think ! If you want an expert in road traffic law then don’t take risks with who you instruct.
Is s 172 Road Traffic Acts 1988 offences triable eitherway?
Thank you for your question. The answer is no. The vast majority of road traffic offences are summary only. This means that they can only be tried in the magistrates court.
You do not have the right to elect a crown court trial with a jury. Why do you ask? Tell me more about what has actually happened and I will be able to help further…..
Thanks for your response.
I wasn’t charged. I’m doing a compilation of cases to qualify as a Duty Solicitor (MCQ). Thanks again for your help.
If you have advised in relation to this case and you are using it as part of your portfolio you should have known the answer to this at the time you advised the client..!
No. The jist is that I have only been informed about it. And I only need 4 either way cases to complete my portfolio, hence the initial question.
What about having a look at s.172 RTA 1988 and sched 2 Road Traffic Offenders Act 1988 and looking at the potential penalties and then figuring out jurisdictional issues rather than asking a free online advice service aimed at non lawyers.
My point is that you should be looking at the source of the law rather than taking a fast track.
What would your client think if they realised you had to ask another lawyer? You are supposed to be proving that you should be duty solicitor. This means knowing your stuff inside out and back to front.
Sorry for the lecture but I was a duty solicitor for over 10 years until I could stand legal aid rates no longer and the vast majority did not have a clue about road traffic law. That’s not good….