News & Legal Advice
Prison Sentence Avoided Following Driving Collision
Published - Aug 15, 2025
Foster & Coleman recently represented a client facing serious motoring charges following a head-on collision on a secluded road in the early hours of the morning. Initially charged with driving whilst unfit through drink or drugs, the case escalated shortly before the first court appearance when the Prosecution notified us of their intention to add a further charge of causing serious injury by dangerous driving.
With Counsel Benjamin Waidhofer of Foundry Chambers instructed from the outset, we made an urgent application to vacate the initial hearing date to allow time to take detailed instructions. During this period, we submitted extensive written representations to the Crown Prosecution Service challenging the proportionality of the additional charge. It was our view that the facts of the case did not support a charge of dangerous driving, and that the conduct in question fell within the scope of 'careless' driving.
The matter was subsequently re-listed and sent to the Crown Court. At that stage, we instructed Philippa McAtasney KC of Furnival Chambers as Lead Defence Counsel. Further detailed representations were submitted, and following a review of the case, the Prosecution agreed to accept a plea on the basis of careless driving.
Following our client’s guilty plea, and after consideration of a comprehensive sentencing note prepared by Mr. Waidhofer, the court imposed a 12-month community order and a driving disqualification of 18 months.
We are incredibly pleased to have achieved a result which properly reflected the true circumstances of the case, and to have supported our client through what was a highly stressful and uncertain process.
Posted in Criminal Defence on Aug 15, 2025