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Driving Offences Defence Barrister

Protect your licence and liberty. Charlie defends death by dangerous driving, drink-driving, and serious motoring charges. Strategic advocacy that challenges forensic evidence, preserves careers, and secures acquittals when others see no defence.

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Driving Offences – Expert Defence for Serious Motoring Allegations

Why Instruct Charlie Sherrard KC for Driving Offences?

Unparalleled Experience in Fatal Road Traffic Cases

Charlie Sherrard KC has defended some of the most serious driving cases prosecuted in the UK, including multi-fatality incidents and cases involving complex causation issues. His extensive experience covers death by dangerous driving, death by careless driving whilst under the influence, and causing serious injury by dangerous driving. He has defended cases where multiple deaths resulted from a single collision, including the UK’s worst multiple-death road traffic prosecution, demonstrating his ability to manage the most complex and emotionally charged cases with sensitivity and strategic precision.

Forensic Expertise in Challenging Technical Evidence

Driving prosecutions increasingly rely on expert evidence from collision investigators, forensic toxicologists, and vehicle examiners. Charlie has developed particular expertise in challenging expert reconstruction evidence, including speed calculations, sight-line analysis, and causation theories. He regularly instructs and cross-examines experts in accident reconstruction, biomechanics, toxicology, and automotive engineering. His forensic approach has secured acquittals where the prosecution’s technical case appeared overwhelming, identifying flaws in methodology, assumptions, and conclusions that other advocates miss.

Licence Preservation and Career Protection

For many clients, particularly professionals and those who drive for work, disqualification can be more devastating than imprisonment. Charlie understands that preserving a licence is often as important as securing an acquittal. He has extensive experience in advancing special reasons arguments (to avoid disqualification despite conviction) and exceptional hardship submissions (to avoid totting-up disqualifications). His strategic approach considers licence protection from the earliest stages, including decisions about plea, basis of plea, and tactical case management that maximises the prospects of avoiding or minimising disqualification.

Challenging Breath, Blood and Urine Evidence

Drink and drug driving prosecutions depend on often-complex evidential procedures. Charlie has successfully challenged breath test reliability, continuity of blood samples, laboratory analysis procedures, and the statutory assumptions that underpin these prosecutions. He understands the technical requirements of the breath test devices, the procedures for blood and urine samples, and the vulnerabilities in the prosecution case. His knowledge extends to defences including hip-flask defence, laced drinks, medical conditions affecting breath alcohol, and procedural failures that render evidence inadmissible.

Defence of the Most Serious Allegations

Charlie regularly defends allegations of dangerous driving causing death where the prosecution alleges gross criminality, prolonged bad driving, or driving whilst significantly impaired. He has secured acquittals in cases involving allegations of racing, police pursuits, driving whilst disqualified, and driving after consuming significant quantities of alcohol or drugs. His ability to humanise clients, contextualise driving decisions, and challenge the prosecution’s characterisation of the driving has resulted in acquittals, alternative verdicts, and significantly reduced sentences in the most serious cases.

Notable Driving Defence Cases

Charlie Sherrard KC has defended in some of the most serious and complex driving prosecutions in the UK:

  • Multi-Fatality Collision Defence: Led the defence in the UK’s most serious multiple-death road traffic prosecution, involving complex causation issues, multiple experts, and extensive media attention. Secured a result that avoided the longest custodial sentences despite the tragic circumstances.

  • Complex Causation Defences: Successfully defended numerous death by dangerous driving allegations where the central issue was causation – proving that whilst the driving may have fallen below standard, it did not cause the fatal collision. These cases require meticulous analysis of collision investigation evidence and often involve complex issues of intervening cause.

  • Challenging Breath and Blood Evidence: Secured acquittals and discontinuances in drink driving cases by challenging the reliability of breath test devices, the procedures followed by officers, and the continuity and analysis of blood samples. These cases demonstrate the importance of technical knowledge and attention to detail.

  • Special Reasons and Exceptional Hardship Success: Preserved licences for numerous clients through successful special reasons arguments (including short-distance driving, emergencies, and laced drinks) and exceptional hardship submissions, enabling professionals to continue their careers despite convictions.

  • High-Profile Prosecutions: Defended high-profile individuals including celebrities, professional athletes, and business leaders facing driving allegations, managing media attention whilst securing optimal outcomes through strategic case management and persuasive advocacy.

Areas of Expertise

Causing Death by Dangerous Driving

The most serious motoring offence, carrying up to 14 years’ imprisonment (increasing to life imprisonment under recent legislation). Charlie defends these cases by challenging whether the driving was dangerous, whether it caused the death, and advancing mitigation that humanises the client and contextualises their actions. He understands the devastating impact on all families involved and conducts these cases with appropriate sensitivity whilst providing robust defence.

Causing Death by Careless Driving Whilst Under the Influence

This offence combines careless (rather than dangerous) driving with being over the drink or drug drive limit. Charlie challenges both elements – whether the driving was careless and whether the client was over the limit – and also addresses causation, arguing that even if both elements are proved, the driving did not cause the death.

Drink and Drug Driving

Charlie defends the full range of drink and drug driving offences, including excess alcohol (breath, blood, or urine), driving whilst unfit through drink or drugs, and driving with specified controlled drugs above the limit. He challenges the reliability of testing procedures, advances defences including hip-flask, laced drinks, and medical conditions, and argues special reasons to avoid disqualification.

Dangerous Driving and Causing Serious Injury

Dangerous driving prosecutions often involve allegations of excessive speed, aggressive driving, or driving whilst impaired. Charlie challenges whether the driving fell far below the acceptable standard and whether any injury was caused by the driving. He has particular expertise in cases involving police pursuits, allegations of racing, and driving that has tragic consequences.

Failing to Provide Specimens

These offences arise when a driver fails or refuses to provide breath, blood, or urine specimens. Charlie defends by establishing reasonable excuse (including medical conditions, anxiety, and genuine attempts to provide specimens) and by challenging whether the correct procedures were followed and whether the requirement was lawful.

Challenging Expert Evidence

Modern driving prosecutions rely heavily on expert evidence. Charlie instructs and challenges experts in:

  • Collision investigation and reconstruction
  • Speed analysis and sight-line calculations
  • Toxicology and drug/alcohol impairment
  • Vehicle examination and defect analysis
  • Biomechanics and injury causation
  • Road design and highway engineering

His technical knowledge and forensic approach enable him to identify flaws in expert methodology and conclusions, often proving decisive in securing acquittals.

Recognition and Praise

Charlie Sherrard KC is consistently recognised as a leading silk for serious driving offences:

“His forensic approach to causation evidence in death by dangerous driving cases is unmatched. He identifies the weaknesses in collision investigation evidence that others miss.”

“Charlie has an exceptional ability to preserve licences while securing acquittals. His special reasons and exceptional hardship arguments are creative, persuasive, and successful.”

“In the most serious driving cases, where families have lost loved ones, Charlie manages to provide robust defence while showing appropriate sensitivity to all involved. A class act.”

“His technical knowledge of breath test devices, blood analysis procedures, and toxicology is at least equal to the experts. He challenges evidence with precision and authority.”

Chambers UK Bar Guide and Legal 500 consistently rank Charlie as a leading silk for serious crime, with particular praise for his driving offence defence work. Solicitors instruct him for the most serious and complex driving cases, knowing that his strategic approach and forensic analysis provide the best prospects of success.

The Driving Defence Difference

Early Investigation and Case Analysis

Charlie’s approach to driving defence begins at the earliest opportunity. Early instruction enables:

  • Immediate advice on interview and charging decisions
  • Early investigation including obtaining CCTV, telematics data, and independent witness evidence
  • Early instruction of defence experts to analyse the scene, vehicles, and evidence before it is lost or degraded
  • Strategic case management that identifies the strongest defence and builds the case systematically

Expert Evidence Strategy

Most driving cases turn on expert evidence. Charlie’s approach includes:

  • Identifying which experts are needed and instructing the most authoritative specialists
  • Detailed analysis of prosecution expert evidence to identify vulnerabilities
  • Conference with defence experts to develop persuasive alternative theories
  • Devastating cross-examination of prosecution experts that exposes flaws in methodology and conclusions
  • Presenting defence expert evidence in a way that is accessible to judges and juries

Special Reasons and Exceptional Hardship Arguments

Avoiding disqualification can be as important as avoiding conviction. Charlie’s success in special reasons and exceptional hardship arguments derives from:

  • Understanding the legal tests and the evidence needed to satisfy them
  • Creative identification of arguments that fit within the legal framework
  • Thorough preparation of evidence including witness statements, employment evidence, and medical evidence
  • Persuasive advocacy that emphasises the consequences of disqualification while respecting the seriousness of the offence
  • Realistic advice about the prospects of success, ensuring clients make informed decisions

Sentencing Mitigation in Fatal Cases

Where conviction is inevitable or follows a trial, sentencing in fatal driving cases requires particular skill. Charlie’s mitigation emphasises:

  • The client’s genuine remorse and the impact on them of causing death or injury
  • The circumstances that led to the driving, contextualising momentary errors of judgment
  • The client’s positive character and contributions to family and community
  • The impact of imprisonment on the client’s family, particularly children and dependent relatives
  • The purposes of sentencing and how these can be achieved through non-custodial or reduced sentences

His sentencing advocacy has resulted in suspended sentences, community orders, and significantly reduced custodial terms in cases where lengthy immediate custody appeared inevitable.

Frequently Asked Questions

What is death by dangerous driving and what are the penalties?
Death by dangerous driving is charged when a person causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place. "Dangerous driving" means driving that falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous. The maximum sentence was historically 14 years' imprisonment but has recently been increased to life imprisonment. Disqualification is mandatory for at least 2 years, and an extended re-test is required. The actual sentence depends on the culpability of the driving (was it a momentary error or prolonged bad driving? was the driver impaired? were they driving dangerously before the collision?) and the harm caused.
What are the drink and drug driving limits and what are the penalties?
The drink drive limit in England and Wales is 35 micrograms of alcohol per 100 millilitres of breath, 80 milligrams per 100 millilitres of blood, or 107 milligrams per 100 millilitres of urine. For drug driving, there are specified limits for 17 drugs including cannabis, cocaine, and various prescription medications. The penalty for a first drink or drug driving offence is a mandatory disqualification of at least 12 months (reduced to 9 months if the offender completes a drink drive rehabilitation course), an unlimited fine, and possible imprisonment of up to 6 months. High readings or repeat offending result in significantly longer disqualifications (minimum 3 years for a second offence within 10 years) and greater likelihood of imprisonment. The sentence also depends on aggravating factors such as whether there was an accident, whether passengers were carried, and the manner of driving.
Can I argue necessity or duress as a defence to driving whilst disqualified or drink driving?
The defences of necessity and duress are available in theory but are very difficult to establish. Duress requires proof that you were compelled to drive by threats of death or serious injury and that a reasonable person would have responded in the same way. Necessity requires proof that you drove to avoid imminent danger of death or serious injury and that the response was proportionate. Both defences require that there was no reasonable alternative and that the situation was not of your own making. Simply driving someone to hospital when a reasonable alternative (ambulance, taxi) was available will not suffice. These are complete defences resulting in acquittal if successful, but the evidential threshold is high. What might not amount to necessity or duress may still amount to special reasons to avoid disqualification or exceptional hardship to avoid a totting-up ban.
What are "special reasons" for not disqualifying despite a conviction?
Special reasons are circumstances which, whilst not amounting to a defence, justify the court in not imposing mandatory disqualification or in reducing the period of disqualification. They must be special to the facts of the particular case (not applying generally) and must relate to the offence, not the offender. Examples include: driving a very short distance (especially if not on a road and without risk to the public); genuine emergency such as driving someone to hospital where no alternative existed; drinks laced without your knowledge; and mechanical defect unknown to the driver. The court must find that the reason is established, that it is "special", and that having regard to it, disqualification should not be imposed or should be reduced. Special reasons applications require careful preparation including witness evidence and persuasive advocacy. Success preserves your licence despite conviction.
What is exceptional hardship and can I avoid a totting-up ban?
Exceptional hardship applies when you accumulate 12 or more penalty points within 3 years, which normally results in a minimum 6-month disqualification ("totting up"). The court can decide not to disqualify, or to disqualify for less than 6 months, if you prove that disqualification would cause exceptional hardship. This must be exceptional – greater than the hardship that any disqualification would normally cause. Mere inconvenience or hardship to you is not enough. Successful arguments often focus on: loss of employment affecting not just you but employees or dependents; impact on family members who depend on you for transport for medical treatment or care; impact on others in the community you serve. The hardship must be evidenced with statements, medical records, employment contracts, etc. Once you have successfully argued exceptional hardship, you cannot rely on the same circumstances again for 3 years. These applications require expert preparation and advocacy.
How do the police prove drink driving and what procedures must they follow?
The police must follow strict statutory procedures. They must have lawful grounds to require a breath test (reasonable suspicion you have been driving with alcohol, or after an accident, or after a moving traffic offence). The roadside breath test is a screening device – if positive or refused, you are arrested. At the police station, you provide two evidential breath specimens on an approved device (usually the Evidential Breath Testing Device). The lower of the two readings is used. If the lower reading is 40 micrograms or below, you can request a blood or urine sample (statutory option). If the reading is between 40 and 50, you automatically have the right to replace the breath specimen with blood or urine. Blood samples must be divided into two (one for the prosecution, one for you to have independently analysed). The police must follow procedures regarding observation periods before breath tests, the warnings they give, and the continuity of blood samples. Failures in procedure can render evidence inadmissible, resulting in acquittal. Technical knowledge of these procedures and the devices used is essential for effective defence.
Can I challenge the reliability of breath test or blood analysis results?
Yes, though these challenges require technical expertise. Breath test devices can be challenged on the basis of: failure to calibrate or maintain the device properly; medical conditions that affect breath alcohol readings (including diabetes, gastric reflux, and dental issues); failure to observe the suspect for the required period before the test; and procedural failures in administering the test. Blood samples can be challenged on: procedural failures in taking the sample; failures in continuity (was the sample that was analysed definitely your sample?); failures in storage or delay in analysis that could affect the result; and failures in laboratory analysis. Successful challenges often require expert evidence from toxicologists or forensic scientists. Additionally, even if the reading is reliable, defences such as hip-flask (consuming alcohol after driving), laced drinks, or that you were not driving can be advanced. Each case requires detailed analysis of the evidence and procedures.
What sentences do driving offences carry and will I go to prison?
Sentences depend on the offence and the circumstances. Death by dangerous driving carries up to life imprisonment (recently increased from 14 years). Death by careless driving whilst under the influence carries up to 14 years. Dangerous driving carries up to 2 years (5 years if causing serious injury). Drink driving carries up to 6 months (increased if there are aggravating features). Most first-time drink driving offences with low readings and no aggravating features result in fines and disqualification rather than imprisonment. Dangerous driving can result in imprisonment even for first offences if there are aggravating features (high speed, police pursuit, racing, impairment). Death by dangerous driving almost always results in immediate imprisonment, though sentence length varies dramatically depending on culpability. Causing death by careless driving can result in suspended sentences or even community orders if culpability is low and mitigation strong. The Sentencing Council guidelines provide starting points and ranges, but effective mitigation can result in sentences significantly below the guidelines. Early advice and strategic case management maximise prospects of avoiding custody or reducing sentence length.

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