Transport companies are always at risk of an investigation and prosecution no matter how well run they are. On the 28th June 2013 a father and son running their own haulage firm were sentenced to a total of 11 years in prison having been found guilty of manslaughter by gross negligence when their driver who had worked more hours than permitted fell asleep at the wheel and died in the subsequent collision.
For the Prosecutor it is important that he believes he has a better than 50% chance of a conviction before bringing proceedings but if he has just one side of the argument to consider his job is made too easy.
It is important for you to instruct us as soon as possible to enable us to consider the best way forward. Trying to avoid a prosecution is paramount but if this cannot be achieved then it is vital to establish whether there is a defence or whether we need to concentrate on mitigating the impact of a conviction.
All operators of commercial vehicles need to be properly represented. At the very least it shows how seriously you take any default or suspected default. We can quote you a fixed fee for representation if you wish to allow you to budget for the expense.
Usually the Courts will have no specialist knowledge of your industry and as a consequence they need to be guided through the law and evidence. This is a task that is better dealt with by a specialist advocate.
Our experience in all aspects of Criminal and Regulatory Law makes us ideally suited to look after your interests. If you are a transport company looking to minimise the impact of an investigation or prosecution then contact Dennis Clarke to discuss your case and be satisfied that we can offer the skill and service that you need. If out of office hours ring us on our out-of-hours emergency only number at 01892 523999 and ask to be put through to Dennis Clarke. In normal office hours ring Dennis Clarke on 01732 360999. Speed of contact is very important.