Ian Daly

My Approach

I am aware that facing a criminal investigation or prosecution of any description (whatever its seriousness) can be an extremely distressing and worrying time and that the consequences, potential or otherwise of a criminal conviction can be far reaching. Being deprived of the ability to drive, earn a living, support a family, loss of reputation, or the prospect of a custodial sentence are all extremely concerning and should never be underestimated.

Acknowledging this, I adopt a pro-active attitude to representing and defending the interests of my clients, combined with a clear, practical and sound commercial approach to any instructions received. I endeavour to ensure that with a compassionate attitude, everyone I represent fully understands the nature of the matters they face and all their options.

I have accumulated a significant amount of experience in almost 30 years of specialising in criminal defence and motoring laws.

Area of Expertise

• All areas of criminal and motoring laws.

Recent Work

Motoring Matters

• • Successful defence of motorist charged with careless driving and failing to provide specimen of breath for analysis. Psychiatric evidence produced at trial to confirm reasonable excuses for failing to provide and careless driving allegation withdrawn.
  • Motorist charged with allegations contrary to Section 4 RTA 1988 - successfully defended. Proceedings withdrawn after representations made to Crown Prosecution Service concerning inadequacy of evidence. Alternative suggested allegation not put after CPS advised by Defence that such matter was time barred.
  • Motorist facing allegation contrary to Section 40A Road Traffic Act 1988 successfully defended. Whilst guilty of offence, Court persuaded not to disqualify or impose penalty points.
  • CPS persuaded to offer no evidence against Defendant company in relation to allegations contrary to Section 172 (Failing To Identify A Driver Of Vehicle) Road Traffic Act 1988, as not being in public interest to proceed. Case dismissed.
  • Defendant who admitted travelling 27mph over 40mph limit, not disqualified from driving. Penalty points endorsed instead, notwithstanding relevant previous speeding matter endorsed on licence.
  • No disqualification for PSV licence holder who fell asleep at wheel of vehicle whilst carrying passengers and involved in a Road Traffic Accident whereby injury and damage caused. Penalty points endorsed instead.
  • Motorist prosecuted for offence under S172 Road Traffic Act 1988 (failing to identify driver of motor vehicle). Whilst unrepresented in court proceedings, motorist advised by the court that there was no defence disclosed to the allegation. After instruction, clear defence identified, investigated and supporting evidence obtained. On day of trial, prosecution persuaded to offer no evidence and case dismissed.
  • Motorist prosecuted for offence under section 172 Road Traffic Act 1988. Defence identified and case fully prepared for trial.  Crown Prosecution Service offer no evidence on day of trial – case dismissed.
  • Allegation of using mobile phone whilst driving. Motorist in the event of conviction facing disqualification as “totter” for 6 months.  Inappropriate Police questioning at roadside identified.  On day of trial, Crown Prosecution Service offered no evidence at Court which dismisses mobile phone allegation.  Crown Prosecution Service proceed on suggested lesser charge resulting in no disqualification from driving and preserving motorists’ ability to drive.
  • Motorist driving at 26mph over the limit with points already on licence at time. Facing disqualification from driving for offence itself or possibly as a “totter” – given sentencing guidelines.  5 penalty points imposed after representations to the Magistrates Court.  Motorist therefore not disqualified from driving and ability to drive and to continue working preserved.
  • Motorist charged with allegation of drug driving offence. In the event of conviction, facing minimum mandatory disqualification from driving for a period of 12 months.  Blood sampling procedure at the Police Station examined and found to be defective.  This was brought to the attention of the Court and Crown Prosecution Service.  Proceedings discontinued and motorist ability to drive preserved.
  • Motorist charged with allegation of failing to provide a specimen of blood for analysis whilst at hospital. Case discontinued. CPS advised that the procedure for taking sample was defective. Case dropped and motorist ability to drive preserved.
  • Successful exceptional hardship cases - where motorists facing disqualification from driving, having accumulated 12 penalty points on licence as a totter in a 3 year period and disqualification avoided:-
    • No disqualification as a totter for motorist to allow her to continue caring for son - exceptional hardship found.
    • No disqualification as a totter for a motorist using mobile phone x 2 - exceptional hardship found due to motorist's medical difficulties.
    • No disqualification as a totter for motorist, whose business would suffer potential adverse long term consequences in the event of disqualification. Exceptional hardship found.
    • No disqualification as a totter for motorist to allow her to continue looking after disabled family member. Exceptional hardship found.

  Contested General Criminal Allegation

  Trials in Magistrates Court

  • Allegation of possession of bladed article– found not guilty after trial.
  • Allegations of assault by beating – found not guilty after trial.
  • Allegations of assault by beating and criminal damage – found not guilty after trial.
  • Allegation of driving whist unfit through alcohol – found not guilty after trial. Expert evidence produced on behalf of defence demonstrating pre existing medical condition.

  Contested matters in the Crown Court

  • Firearms allegations – proceedings discontinued in its entirety after representations made to Crown Prosecution Service.
  • Historic sexual allegations – found not guilty after re-trial.
  • Historic sexual allegations. Defendant found not fit to stand trial. Defendant unable to give evidence. Trial of fact continued. One allegation dismissed, the other proved. Defendant sentenced to absolute discharge.
  • Sexual allegations  - defendant found not guilty after trial

Professional Associations & Qualifications

• LLB (Hons) Law Degree UWIST (Cardiff) 1986. Awarded Maxwell Law Prize.
• Solicitor Final Examination - College of Law Guildford 1987.
• Admitted as Solicitor in October 1989.
• Appointed Duty Solicitor in 1991.
• Law Society Criminal Accreditation Scheme.