Some believe it is pointless appointing a solicitor to represent them for minor motoring offences, but in some instances having legal representation could be what prevents drivers from a ban.
The totting up procedure is enforced when a driver reaches 12 penalty points within a three-year period, and the driver is required to attend court.
Anyone in this predicament would benefit from legal advice, especially those who drive for a living.
For instance, those facing disqualification can apply to the court to keep their licence on the grounds of exceptional hardship. Taxi drivers, sales reps or delivery men and women, who would face serious financial difficulties if they lost their licences, may use this route.
Equally, a husband or wife who is the principle carer for their disabled spouse and was heavily-dependent on access to car, could use the same argument.
The magistrates’ courts will often hear these applications, so it is invaluable that it is prepared and presented correctly, with all the relevant evidence to support a claim included.
Instructing a solicitor – with vast experience in these matters – can save the motorist a lot of heartache but, more importantly, their licence.
And not seeking legal advice when receiving a Single Justice Procedure Notice can sometimes be just as costly.
Single Justice Procedure only applies to cases involving adults charged with summary-only, non-imprisonable offences, for example speeding.
Cases are dealt with by a single magistrate sitting with a legal adviser outside of a court room. The defendant is not required to attend and will correspond with court officials either online or in writing.
Problems could arise and lead to driving ban if the defendant does not fully read or completely understand the process.
Chris can advise clients about a plea and the correct strategy to best deal with Single Justice Procedure Notices by drafting mitigation statements which may, ultimately, persuade the magistrate to allow the defendant to keep his licence and receive an alternative punishment.
For help and advice or to book an appointment, call our Criminal Defence department on 020 8768 6400.