Rhianydd Clement

Call 2019

clement@exchangechambers.co.uk

Photo of Rhianydd Clement

Road Traffic Offences CV

Rhianydd has achieved excellent results in various driving cases in both the Crown Court and the Magistrates’ Court.

She has experience dealing with applications under s.42 Road Traffic Offenders Act 1988 for the early removal of a driving disqualification. She has assisted Courts in navigating this sometimes unfamiliar area of law and consideration of the practical difference between uplifts and extensions to driving disqualifications.

Rhianydd has had success pursuing exceptional hardship applications on behalf of the Defence. These have been based on oral submissions as well as by calling the Defendant to give evidence.

She has dealt with a range of offences including summary only matters, drink/drug driving, failure to provide a specimen, as well as more serious offences of Dangerous Driving and causing serious injury by careless driving. She understands the complexities that often arise in these cases and is well versed in assisting the Court when it comes to penalty points and disqualifications.

Cases

R v AL – In the Crown Court represented the Appellant in an appeal against sentence for the offence of Failing to Provide a Specimen of Breath for Analysis. A discretionary disqualification had been imposed in the lower Courts. On appeal, it was successfully argued that the offence could be placed lower on the sentencing guidelines and therefore attract penalty points rather than a discretionary disqualification. An exceptional hardship application was then successfully advanced. The application concerned the impact of the driving ban on the Appellant’s entitlement to a mobility car as a result of their Personal Independence Payment.

R v DB/R v MN – In the Crown Court successfully represented the Appellant on two appeals against conviction in relation to failure to provide driver details, advancing arguments in relation to service of s.172 notices and responses by the Appellants.

R v TH – Represented a Defendant that pleaded guilty to Dangerous Driving, Driving with No Insurance, Driving otherwise than in accordance with a licence, and two offences of Drug Driving. Successfully mitigated to avoid an immediate custodial sentence and a sentence of 14 months’ custody suspended for 24 months was imposed.

R v AB – Represented a Defendant charged with Speeding in an exceptional hardship application in the Magistrates’ Court. The application was made on the submissions of counsel alone and was successful.