Pleading guilty - post or in person?
Discussion
Court summons received for speeding offence. I am guilty and intend to plead so. I have the option of pleading guilty by post with a small section to include mitigating circumstances or going to court and pleading guilty.
Clean licence. Need car for work. Registered disabled.
I am guessing it will be a fine based on my income but Is the outcome likely to differ by being there in person?
Clean licence. Need car for work. Registered disabled.
I am guessing it will be a fine based on my income but Is the outcome likely to differ by being there in person?
I'd echo that. Turn up, look smart, be apologetic and explain your situation.
I'm sure magistrates see enough scumbags who couldnt give a monkey's.
Someone showing a bit of respect and truly contrite can only help.
I'm convinced it did when I had to go in for a chat. In fact the copper who had admired my fine driving suggested that it would be a sensible thing to do. I've also had a clean license since, so perhaps getting a personal b
king in court actually worked!
Good luck.
I'm sure magistrates see enough scumbags who couldnt give a monkey's.
Someone showing a bit of respect and truly contrite can only help.
I'm convinced it did when I had to go in for a chat. In fact the copper who had admired my fine driving suggested that it would be a sensible thing to do. I've also had a clean license since, so perhaps getting a personal b
king in court actually worked!Good luck.
Presumably you've ascertained that the speed limit is lawful:
(i) by the presence of street lighting not more than 200 yards apart; and/or
(ii) a Traffic Regulation Order; and
(iii) the provision of prescribed speed limit signs - appropriated located, compliant with TSRGD.
There's a much longer checklist regarding the process.
These are your options:
1. Attend with your solicitor / counsel
2. Send a solicitor / counsel in your absence
3. Attend in person, unrepresented
4. Have a solicitor / counsel draft your mitigation statement
5. Write your own mitigation statement
Options 3 and 5 are the cheapest options but potentially a false economy. Notwithstanding the aforementioned, there are sometimes tactical reasons not to appear in person.
(i) by the presence of street lighting not more than 200 yards apart; and/or
(ii) a Traffic Regulation Order; and
(iii) the provision of prescribed speed limit signs - appropriated located, compliant with TSRGD.
There's a much longer checklist regarding the process.
These are your options:
1. Attend with your solicitor / counsel
2. Send a solicitor / counsel in your absence
3. Attend in person, unrepresented
4. Have a solicitor / counsel draft your mitigation statement
5. Write your own mitigation statement
Options 3 and 5 are the cheapest options but potentially a false economy. Notwithstanding the aforementioned, there are sometimes tactical reasons not to appear in person.
Wasn't me who said there was no mitigation.
I was asking if I was better of taking a solicitor to the court with me and mitigating in person or getting the solicitor go advise me on the mitigation etc I can do via the post.
Is the cost of the court appearance likely to be more or less than the amount the fine will be reduced?
Made up numbers shown below but they illustrate my question. This also assumes I won't get a ban which is possibly a bad assumption*
A) Fine without mitigation = £1000
B) Fine with postal mitigation = £800 cost of solicitors advice for mitigation = £150
Saving = £50 so worth doing
C) Fine with courtroom mitigation = £700 cost of solicitor in court = £400
Increased cost of £100 so not worth doing
Obviously changing the cost of the solicitor or amount the fine is likely to be reduced by will make either B or C the more attractive option.
I was asking if I was better of taking a solicitor to the court with me and mitigating in person or getting the solicitor go advise me on the mitigation etc I can do via the post.
Is the cost of the court appearance likely to be more or less than the amount the fine will be reduced?
Made up numbers shown below but they illustrate my question. This also assumes I won't get a ban which is possibly a bad assumption*
A) Fine without mitigation = £1000
B) Fine with postal mitigation = £800 cost of solicitors advice for mitigation = £150
Saving = £50 so worth doing
C) Fine with courtroom mitigation = £700 cost of solicitor in court = £400
Increased cost of £100 so not worth doing
Obviously changing the cost of the solicitor or amount the fine is likely to be reduced by will make either B or C the more attractive option.
- I will checking this assumption with the solicitor
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