Do I instruct a solicitor?
Do I instruct a solicitor?
Author
Discussion

spsmith

Original Poster:

4 posts

232 months

Thursday 12th July 2007
quotequote all
I have just had my court date for a speeding offence earlier this year. I curently have a clean license but suspect I am in for 6 points and/or a short ban.

In the circumstances should I take a solicitor/barrister along to help or will this just serve to irritate the magistrate?

R_U_LOCAL

2,708 posts

239 months

Thursday 12th July 2007
quotequote all
It won't irritate the Magistrates at all - it's your right to have someone represent you.

In my opinion, it's not worth the expense if you're pleading guilty though.

Dwight VanDriver

6,583 posts

275 months

Thursday 12th July 2007
quotequote all
Agree with RU if pleading Not Guilty.

If you are articulate then prepare and rehearse your mitigation/sack cloth and ashes speech - fine weather, light traffic, good visibility, car in good condition, realise now what a stupid thing to do, salutory lesson for the future, sorry for wasting court time - you get the drift.

You will be guided by the Clerk of Court - the chap sitting in front of the Magistrates.

Appear respectable.

In doing so you save yourself £200 that a brief would have charged.

Pleading Not Guilty is another matter.

dvd

TPS

1,860 posts

244 months

Thursday 12th July 2007
quotequote all
Agree with the above posts.If you are pleading guilty then its probably best to stand up say your really sorry etc etc that you had a clean licence before and it was a silly moment of madness.I can only see the point of using a solicitor when your pleading not guilty.

Conian

8,030 posts

232 months

Friday 13th July 2007
quotequote all
There is a habit appeared with bikers facing a driving ban to sell their bike prior to going to court.

I'm sorry y'honour, I've learned my lesson y'honour, I've even sold my bike y'honour so that I'll never do this again.

Load of tripe I reckon. What car do you drive?

oldsoak

5,618 posts

233 months

Friday 13th July 2007
quotequote all
Conian said:
There is a habit appeared with bikers facing a driving ban to sell their bike prior to going to court.

I'm sorry y'honour, I've learned my lesson y'honour, I've even sold my bike y'honour so that I'll never do this again.

Load of tripe I reckon. What car do you drive?
...and how much do you want for it?
laughlaugh

tankslappa

715 posts

237 months

Friday 13th July 2007
quotequote all
I was in court yesterday, and i too was apprehensive about not taking a solicitor. I had never been in a court room before and had no idea what to expect.

From my experience it was a complete waste of time and money taking one. I could have put across my point at least as good and saved myself the cash in the process.

Suited and booted, clean license, job loss etc, had no effect in my case, don't assume it will in yours either.

Oh, and be very economical with the truth on your means test form.

To be honest, if i ever found myself in that situation again, i'd lie like hell about income and having 'exceptional circumstances'. Didn't pay for me to be honest and upfront.

JustinP1

13,363 posts

261 months

Friday 13th July 2007
quotequote all
tankslappa said:
I was in court yesterday, and i too was apprehensive about not taking a solicitor. I had never been in a court room before and had no idea what to expect.

From my experience it was a complete waste of time and money taking one. I could have put across my point at least as good and saved myself the cash in the process.

Suited and booted, clean license, job loss etc, had no effect in my case, don't assume it will in yours either.

Oh, and be very economical with the truth on your means test form.

To be honest, if i ever found myself in that situation again, i'd lie like hell about income and having 'exceptional circumstances'. Didn't pay for me to be honest and upfront.
I agree with a lot of that.

Unless your case is going to be a marker for future cases, like you were doing 150 or something then if you are pleading guilty, do it yourself.

Bringing a solicitor only shows two things. One is that for whatever reason you do not want to give your reasons personally... The other is you have enough money to afford a solicititor!

Neither of these with help the solicitor empathise with your position and both will only make your situation worse!