Why it always makes sense to use a solicitor for motoring offences

by Criminal Defence Blawg on October 23, 2018

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It’s human nature that we are fallible and make mistakes and the consequences can be serious when those mistakes happen behind the wheel. Of course, everyone knows the risks associated with speeding, or driving while distracted. The proliferation of cameras on the UK’s roads today means that your lapse of judgement is unlikely to have gone unnoticed.

The number of drivers being prosecuted for motoring offences increases every year, and by far the most common reason for prosecution is speeding, which accounts for more than a quarter of all motoring prosecutions. At a time when most forms of crime are in decline why is this number going up?

In short, if you have one of those lapses in judgement, it is far less likely to go unnoticed than it once might. If you are one of the almost 700,000 drivers prosecuted every year, you might wonder what is the point of appointing a solicitor. But failing to do so could be your second costly mistake.

Your right to a fair trial

If you receive a letter in the post saying you were speeding at a certain time and date several weeks ago, there is a tendency to take it at face value. But in reality, while you might know the time and place are right, you almost certainly don’t know how fast you were going at the time. If the police say you were doing 50mph in a 30mph limit you have a right to see their evidence.

Remember the old axiom of “innocent till proven guilty.” If you decide to plead not guilty you need expert support from a specialist motoring solicitor like motoringoffencelawyers.com. They will know what questions to ask and which aspects of the case to take issue with.

Cuts in resources and numbers has resulted in the prosecution often being woefully under prepared when cases proceed to trial. This is something the court should not accept, and unless the prosecution can prove its case by calling witnesses where required the magistrate will dismiss it.

One common scenario is proving the necessary signage was in place at the time of the alleged speeding offence. A speeding conviction cannot follow unless the signs are present but often such evidence is never obtained.

The defence needs to be ready too, of course, and preparing a defence takes time and expertise. When you use a firm of motoring solicitors, they will take care of all the paperwork on your behalf.

What if you want to plead guilty

Sometimes, you know you are guilty and you just want to admit it, face the consequences and move on. Even under these circumstances, though, it is a mistake to go into court without representation. A solicitor knows the best way of presenting mitigating factors, and these could have a major impact on sentencing, representing the difference between points on your licence and disqualification, or for more serious offences, even worse consequences.

Criminal Defence Blawg

Criminal Defence Blawg

Criminal law blogger at CriminalDefenceBlawg
Criminal Defence Blawg is a criminal law blog, sharing legal expertise and intelligence from the UK, US, Australia and beyond. Contributions from those who share great legal information. Want to get published? Contact us today.
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