Contact Details
Location Charminster
Phone 01202 057804

Ian Daly

Solicitor

Crime

My Approach

I am aware that facing a criminal investigation or prosecution of any description (whatever its seriousness) can be an extremely distressing and worrying time and that the consequences, potential or otherwise of a criminal conviction can be far reaching. Being deprived of the ability to drive, earn a living, support a family, loss of reputation, or the prospect of a custodial sentence are all extremely concerning and should never be underestimated.

Acknowledging this, I adopt a pro-active attitude to representing and defending the interests of my clients, combined with a clear, practical and sound commercial approach to any instructions received. I endeavour to ensure that with a compassionate attitude, everyone I represent fully understands the nature of the matters they face and all their options.

I have accumulated a significant amount of experience in almost 30 years of specialising in criminal defence and motoring laws.

Areas of Expertise

  • All areas of criminal and motoring laws.

Recent Road Traffic Cases Include

1. Successful defence of motorist charged with careless driving and failing to provide specimen of breath for analysis. Psychiatric evidence produced at trial to confirm reasonable excuses for failing to provide and careless driving allegation withdrawn.

2. Motorist charged with allegations contrary to Section 4 RTA 1988 – successfully defended. Proceedings withdrawn after representations made to Crown Prosecution Service concerning inadequacy of evidence. Alternative suggested allegation not put after CPS advised by Defence that such matter was time barred.

3. Motorist facing allegation contrary to Section 40A Road Traffic Act 1988 successfully defended. Whilst guilty of offence, Court persuaded not to disqualify or impose penalty points.

4. CPS persuaded to offer no evidence against Defendant company in relation to allegations contrary to Section 172 (Failing To Identify A Driver Of Vehicle) Road Traffic Act 1988, as not being in public interest to proceed. Case dismissed.

5. Defendant who admitted travelling 27mph over 40mph limit, not disqualified from driving. Penalty points endorsed instead, notwithstanding relevant previous speeding matter endorsed on licence.

6. No disqualification for PSV licence holder who fell asleep at wheel of vehicle whilst carrying passengers and involved in a Road Traffic Accident whereby injury and damage caused. Penalty points endorsed instead.

7. Motorist prosecuted for offence under S172 Road Traffic
Act 1988 (failing to identify driver of motor vehicle). Whilst unrepresented in
court proceedings, motorist advised by the court that there was no defence
disclosed to the allegation. After instruction, clear defence identified,
investigated and supporting evidence obtained. On day of trial, prosecution
persuaded to offer no evidence and case dismissed.

8. Successful exceptional hardship cases – where motorists facing disqualification from driving, having accumulated 12 penalty points on licence as a totter in a 3 year period and disqualification avoided:-

  • No disqualification as a totter for motorist to allow her to continue caring for son – exceptional hardship found.
  • No disqualification as a totter for a motorist using mobile phone x 2 – exceptional hardship found due to motorist’s medical difficulties.
  • No disqualification as a totter for motorist, whose business would suffer potential adverse long term consequences in the event of disqualification. Exceptional hardship found.

Experience, Professional Associations and Qualifications

  • LLB (Hons) Law Degree UWIST (Cardiff) 1986. Awarded Maxwell Law Prize.
  • Solicitor Final Examination – College of Law Guildford 1987.
  • Admitted as Solicitor in October 1989.
  • Appointed Duty Solicitor in 1991.
  • Law Society Criminal Accreditation Scheme.