With more fixed, mobile and average speed cameras than ever, more advanced technology such as automatic number plate recognition (ANPR) and better trained road traffic officers then chances of facing a motoring conviction get higher year on year. It’s even possible to pick up a number of speeding fines in one trip and with only needing to accumulate 12 points before a possible ban you could quickly be facing a daunting prospect within a short amount of time.
Facing a motoring conviction can cause a great deal of stress especially if your licence is important to you job. That means for most people facing the prospect of a motoring conviction and needlessly accepting penalty points is not suitable option and want to challenge the motoring allegation. But what is the best way to defend yourself?
If you’re a contesting a motoring conviction you may look at defending your interests at court on your own. We would advise against this as court can bring up unexpected events which may be stressful and which you may not be prepared for. An experienced solicitor will be able to deal with unexpected turns calmly and professionally.
As well as a ‘cool head’ a solicitor will have a variety of resources at their disposal to look into as well as being knowledgeable in procedures and practices. Once instructed to act on your behalf a solicitor will look into a variety of things. For example if the offence you are defending is excess speed then they may well looking into the signage, ensuring it complies with legislation. They may look into the technology used, how it was captured and if it had been calibrated correctly.
If you are fighting a drink driving allegation the solicitor may look to see if the correct procedures were followed during and after the arrest.
Of course people do make mistakes and it may not be a case of fighting against a conviction but mitigating circumstances to seek a lesser sentence. This is where a solicitor may discuss using a special reasons or exception hardship argument.
To give examples of both arguments a special reasons argument may take place when you are facing an offence which carries a mandatory disqualification, such as drink driving. The argument may include reasons such as you drove because of a medical emergency. An exceptional hardship argument may take place when you have accumulated 12 penalty points and the imposition of a ban would cause exceptional hardship to you or another person.
About the author: If you find yourself facing a motoring conviction which you wish to fight against or need mitigation at court then MJP Motoring Solicitors can help you. Visit the website to find out how.
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