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Davidson & Shirley, Solicitors in Lanark

Welcome to Davidson & Shirley, Solicitors based in the historic town of Lanark. We pride ourselves on our efficient and friendly service combined with a high level of expertise and experience.

We have been serving the local community since 1867, and draw on our vast wealth of legal knowledge and practice to provide our clients with innovative, effective solutions.


We specialise in and offer the following services:

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Whether buying or selling a home, we guide our clients through the entire process to ensure a smooth transaction and timely completion.

Helping our clients find effective solutions to the family law matters they face.

From start to finish, we handle divorce matters with skill, care and discretion.

From attending police interviews with clients to making representations before the court on their behalf, we are dedicated to ensuring our clients’ rights are both protected and respected.

 

Doing all that is in our power to defend our clients’ rights and keep them on the road.

Helping our clients put their own affairs, or those of their loved ones, in order.

Ensuring our clients have arrangements in place if they need someone to help with their future welfare and financial needs.

From inheritance planning and investment to taxation and asset management, we provide pragmatic, effective advice and assistance aimed at building and preserving our clients' wealth.

 

We regularly defend clients against allegations of fraud.

We use our specialist knowledge & expertise of this fast-developing area of law to secure maximum gains for our clients.

Providing cost-effective, timely, business-minded legal advice on commercial law matters.

Situated in the heart of lanarkshire, we have a wealth of experience and expertise dealing with all aspects of agricultural law.


Totting-Up Disqualification

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If you have been convicted of more than one driving offence in a period of three years, you may be at risk of a totting-up disqualification. We can help.

Our lawyers can set out your options for you clearly and explore any routes there may be for avoiding or delaying a totting-up disqualification. To discuss your specific circumstances, call us now on 01555 662576 or complete our online enquiry form, and we will get back to you right away.

Are you at risk of a totting-up disqualification?

Penalty points for a driving offence remain on your licence for three years, and points from each offence accumulate. You may be at risk of totting-up if any of the following statements apply to your circumstances:

  • You have received 12 or more penalty points on your licence in three years.
  • You currently have nine points on your licence and are facing an additional three points for a new offence.
  • You have been charged with a driving offence and the penalty points if convicted will take you over the 12-point threshold.

How can I avoid a totting-up disqualification?

When you contact our team, there are several things we can look at to see if you might be able to avoid a driving ban.

Firstly, it is important to check that all of the points on your licence were accrued in a three-year period. Points remain on your licence for four years, however totting-up only applies to points accumulated in the space of three years. The date the offence took place is vital as this is the date the court will look at when considering totting-up disqualification. It does not matter if some of your points will no longer count by the time the case goes to court.

Sometimes, the police will issue a ‘Fixed Penalty Notice’ in error. If you have nine points on your licence and you commit a further offence, you will not be able to accept the offer of a fixed penalty. When you attempt to pay the fixed penalty, the matter will be referred to court.

Short-term disqualification

You can ask the court to impose a short-term ban of 56 days or less, known as a short-term disqualification. The advantage is that you may be able to work around and accommodate such a short ban. In such circumstances, you will still be left with the existing points on your licence, whereas with a totting-up ban, your licence will be cleared after the ban is finished.

Exceptional hardship defence

The exceptional hardship defence is argued when the loss of your licence would affect you more than the usual amount of suffering caused by a driving disqualification. For example, the running of your business or your family members would have to be severely affected by the disqualification. Please be aware that an exceptional hardship defence is very difficult to prove, and therefore, specialist legal advice is essential.

Special reasons defence

For this defence, it has to be proven the offence itself was committed as a result of a ‘special reason’, such as a medical emergency. If you were driving uninsured, you may have been told i.e. by your employer that you were insured at the time you committed the offence. If successful, you could have your disqualification period or penalty points reduced or, in some cases, not imposed at all.

Contact Davidson & Shirley Totting-up Disqualification Lawyers in Lanark, Hamilton, Motherwell & Strathaven, Scotland

If you are facing totting-up disqualification, contact our solicitors today. Our experienced lawyers will provide robust defence and set out all of your options clearly. At Davidson & Shirley, we are proud to offer an effective legal defence service that gets the results our clients need. Call us today on 01555 662576 or complete our online enquiry form and one of our lawyers will get back to you right away.

Speeding

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If you have been charged with speeding, our solicitors can help. Speeding penalties can range from a fixed fine of £100 and three points on your licence, to a fine of £2,500 and up to six penalty points for the most serious offences. It is possible to challenge a speeding charge, and our specialist solicitors will set out all of your options for you clearly. The right legal representation in a road traffic offence can make all the difference to the outcome. We understand that you might depend on driving for work or childcare, and as a result, we will fight for your best interests.

Here, we have answered three of the most commonly asked questions about speeding offences in Scotland:

To discuss your specific circumstances with a member of our team, call us today on 01555 662576 or complete our online enquiry form, and we will get back to you without delay.

Will I have to go to court for a speeding offence?

Speeding offences are dealt with in two ways - either by a fixed penalty or court procedure. How your case is dealt with will generally depend on your driving history. If you receive a fixed penalty, you will receive a £100 fine and three points on your driving licence. If you have more than nine points on your licence, your case will be dealt with by court procedure under ‘totting-up’.

Can I get a driving ban for speeding in Scotland?

If you have accrued more than twelve penalty points within three years, you will likely be given a six-month driving ban. Where your speeding was excessive, you may be subject to a discretionary ban. You may also be prosecuted for dangerous driving if you were caught driving grossly over the speed limit. If convicted, you can face a driving disqualification for a minimum of twelve months.

Please remember that new drivers (those who are within two years of passing their driving test), will lose their licence should they accrue six or more penalty points.

How does the court decide the penalty for speeding?

If you are found guilty of speeding or dangerous driving, the court will use several factors to decide on the penalty. The court will consider how fast you were driving in relation to the speed limit on the road you were travelling. Where you were driving at a speed grossly over the limit and were charged with dangerous driving, the court will also take into account your proximity to pedestrians and the driving conditions.

If you have been charged with speeding, there is no time to delay. Get in touch with our experienced team today to discuss your options for defence.

Contact Davidson & Shirley Speeding Road Traffic Defence Lawyers in Lanark, Hamilton, Motherwell & Strathaven, Scotland

Contact our team right away if you have been charged with a speeding offence. Our experienced speeding defence lawyers will respond quickly, treating your case with discretion and professionalism. At Davidson & Shirley, we provide a robust defence, but the earlier you get in contact with us, the more opportunities we have to secure a positive outcome. Call us today on 01555 662576 or complete our online enquiry form and one of our lawyers will get back to you right away.

Mobile Phone Driving Offences

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Mobile phone driving offences are treated seriously under the law and can result in harsh penalties. Even the most careful drivers can lose concentration if they are distracted by their mobile phone, putting other drivers at severe risk. As a result, legislation came into force in 2017 which doubled the penalties for mobile phone use while driving.

If you have been charged with a mobile phone driving offence, contact us today to discuss your options. You can call us on 01555 662576 or complete our online enquiry form, and we will be in touch to arrange an appointment.

Police have stopped me for using a mobile phone while driving - what happens next?

If you are caught using a mobile phone while driving, you will be given a fixed penalty of six points on your licence as well as a £200 fine. You will be required to attend your local sheriff court to have the penalty points recorded on your licence.

Our solicitors can assist you if you wish to challenge the account of the police officer by contesting the matter in court. We will discuss your options with you to help you decide on the best course of action. If you choose to contest the matter, the police will refer your case to the Procurator Fiscal and they will write to you within a few months to give you a court date.

Collisions while driving using a mobile phone in Scotland

If you are involved in a road traffic accident while using a mobile phone and the collision causes injury or death, you could be charged with a more serious offence. Causing death by dangerous driving can carry severe penalties, so you must seek specialist legal advice at the earliest opportunity.

What happens if I already have six or more points on my licence?

If you already have six or more points on your licence and are found guilty of a mobile phone driving offence, you will be given six penalty points, a fine of up to £1,000, and the matter will be taken to court. This fine can be increased up to £2,500 if you were driving a vehicle carrying goods or passengers at the time. You may also be disqualified from driving.

It’s important to note that if you have had your driving licence for less than two years and are charged with a mobile phone offence, your licence will be revoked. Unlike other drivers who carry up to 12 points before being disqualified, new drivers are disqualified when they receive six penalty points and will be required to pass another driving test to regain their licence.

The earlier you take action, the more opportunities we have to secure you a positive outcome.

Contact Davidson & Shirley Mobile Phone Driving Offence Lawyers in Lanark, Hamilton, Motherwell & Strathaven, Scotland

If you have been charged with a mobile phone driving offence, or a loved one is being held in custody after a road traffic accident, contact our team right away. Our experienced road traffic lawyers will respond swiftly, treat your case with discretion and defend your best interests. At Davidson & Shirley, we provide a robust and effective legal defence service that gets results. Call us today on 01555 662576 or fill out our online enquiry form and one of our solicitors will get back to you right away.

Whether buying or selling your home, seeking legal business or agricultural input, or facing court proceedings of any kind, we aim to join with you to achieve the best possible outcome.

Buying or Selling?

Disabled Access

Davidson & Shirley provide disabled access to their offices, allowing wheelchair users easy access to our services.