Graham frequently handles motoring law offences, from first appearances through to trial and, if necessary, sentencing. His practice covers the full range of motoring matters, from dangerous driving through to documentary and lower level offences. He is adept at handling cases involving the intricacies of this area of law, and is a trusted advocate by lay and professional clients.
Examples of Graham’s recent cases involving such points of law include:
- P v A: failure to stop. Graham secured the acquittal of the client on the basis of case-law which held that, if the court was satisfied the defendant had not been aware of the alleged accident, they could not be guilty of failing to stop.
- R v C: dangerous driving offence sent to the Crown Court. However, the matter had to be withdrawn by the prosecution as notice had not been sent to the defendant within the time-limit required by statute, a point noted by Graham.
Other examples of Graham’s work include:
- P v Z: careless driving. Despite the defendant driving an HGV at the time of the incident, Graham secured a favourable result that meant the driver kept his licence.
- P v McL: speeding and failure to nominate. After discussions with the Prosecution, the failure to nominate charge was dropped and the client admitted the speeding offence.
- P v O: using a mobile phone whilst driving and no insurance. Successful dismissal of both charges.
- R v B-T: successful exceptional hardship argument following a careless driving offence.
- P v S: speeding matter. Despite the client’s recorded speed being over 100mph, Graham was able to persuade the court to impose penalty points only, rather than a substantial period of disqualification.
- P v S: two failure to nominate offences. Graham persuaded the court that it was within its powers to limit the number of points imposed due to the offences being committed within an extremely close time-frame, meaning that the client kept their licence.
- P v W: failure to nominate. Successful statutory defence of client who did not have control of the vehicle at the time of the underlying speeding offence and, as such, could not reasonably establish who the driver was.
"Just wanted to thank you for all of the hard work you put into what turned out to be a far from straightforward case! I could not have asked for a more thoroughly prepared case and very impressive legal argument which eventually lead to an excellent case outcome. Your client care was first class and I appreciated the ease and speed with which I could reach you for advice." - Instructing solicitor feedback
"I am so grateful to you and Graham for all your help. You are absolutely right, its a great outcome and the legal advice and support made all the difference. Graham Gilbert was excellent." - Client feedback to instructing solicitor.
“Graham Gilbert was very professional and charming. Would recommend him highly.” - Client feedback to instructing solicitor.
“Once again thank you for all your thorough help in this successful prosecution and the hours of hard work sifting through the late disclosure of the evidence bundle the night before trial.” - Feedback from Environmental Health Officer.
- BPTC - City Law School - Very Competent
- GDL - City Law School - Commendation.
- BA Hons Ancient History - University of Exeter - 1st Class
- City Law School: 7 Bedford Row Criminal Law Prize Essay
- University of Exeter awarded a Dean's Commendation for "outstanding academic achievement"
Professional qualifications & appointments
- CPS Prosecutor – Grade 2
- Western Circuit
- Sport Resolutions Pro Bono Panel
- Criminal Bar Association
- Bar Pro Bono Unit
- Health & Safety Lawyers Association (HSLA)
3PB Crime Group Jonathan Underhill and Graham Gilbert to provide a criminal update for the Hampshire Law Society
3PB Crime Group Jonathan Underhill and Graham Gilbert are delighted to present a criminal update on behalf of the Hampshire Incorporated Law Society on Thursday...Read more
Knife crime prevention orders: an article by Public and Regulatory and Crime Barrister Graham Gilbert
Graham Gilbert examines the relevance of a proposed amendment to the Offensive Weapons Bill currently making its way through Parliament, which will seek to intr...Read more
3PB Sports barrister Graham Gilbert reviews the Chris Ashton disciplinary decision and points to lessons on sanctioning under RFU Regulation 19
In his latest article for LawInSport, 3PB Sports barrister Graham Gilbert provides an in-depth analysis of the Chris Ashton disciplinary decision and examines t...Read more