How should you plead?
You’re accused of speeding at well above the limit. You’ve the choice to admit or deny the allegation. If you’re going to plead, ‘Not Guilty’, you should do so with eyes open. If you weren’t driving obviously you’ll fight the case but if you admit being the driver you should carefully assess the strength of the case against you. If it consists of police officers’ witness testimony and / or the use of calibrated speed measuring equipment it could be very expensive and, in practice, often futile, to contest the case. If this applies to your situation you may choose to admit the offence.
Single Justice Procedural Notice
Assuming you’ve decided to plead ‘Guilty’ you now have the choice of opting to be sentenced with or without attending court. But, you should realise that if the Single Justice considers you were so far in excess of the limit that a ban should be considered, or, if you face a penalty points disqualification, you’ll be required to attend court for sentence anyway. If you know that in the circumstances of your case that a ban will be considered you may as well opt to attend for sentencing.
Preperation for Court
You’ll doubtless be considering the potential costs of a disqualification. Like most of us you’ve probably come to rely heavily on your licence. Your job or business could be at stake not to mention the potential damage to your family life and increased insurance premiums. If you’ve a sentencing date looming at which a driving ban is an option you need to consider how best to prepare. If you engage us we’ll take instructions on the offence, your work and family life and any other ways in which loss of licence would adversely impact you. We’ll then advise on any steps you should take in advance of the hearing. Often it’s the taking of advance preparatory steps which put a Defendant in a stronger position to avoid a ban (for example, preparing documentary evidence of how your business would be affected or taking a driving course).
At the Magistrates' Court
If you’ve opted to represent yourself the moment of truth arrives and you’re called into court to account for your conduct. If you don’t really need your licence one can understand why you’d choose to represent yourself. But, if your job or business is at stake, for example, you may think that case preparation and presentation by experts is likely to give you a better chance of avoiding a ban. In our experience the more persuasively a case is conveyed the better the chance of a good outcome. Don’t overlook that it is very easy to say ‘the wrong thing’ and actually make your situation worse.
If you’re at risk of loss of licence and would like to have a chat, without obligation, with a lawyer who specialises exclusively in saving licences then don’t hesitate to request a call back. Just click on the button below.