0345 222 9955 info@kangandco.co.uk

Sentencing Hearing Solicitors

sentencing hearing solicitors

If you have been found guilty of a motoring law offence, or if you have pleaded guilty to a motoring law offence, the Court will need to impose an appropriate sentence upon you at the Sentencing Hearing for committing the offence. The word ‘sentence’ refers to the punishment the Court imposes for the offence.

In most circumstances, you should instruct a Solicitor and or Barrister to represent your interests at Court during your Sentence Hearing. If you would like to know how our Qualified and Experienced Motoring Lawyers can assist you with your Sentence Hearing, call 03452229955 or leave a message via our Contact Form.

When You Don’t Need A Solicitor for a Driving Offence

In a limited number of cases, instructing a lawyer to represent you at Court won’t make any difference in the sentence given by the Court.

As an example, a person with a clean driving licence found to be Speeding at 37 miles on a road restricted to 30 miles shouldn’t need a solicitor to represent them at Court, provided the offender accepts they were driving at the relevant time and they were speeding. This is because, in this example the person is not at risk of being disqualified and the Court must endorse the driving licence with 3 penalty points.

In the example above, a decision to instruct a lawyer, or alternatively a decision not to instruct a lawyer would result in the exact same sentence, because in the example above, the Court has no discretion upon the sentence to impose.

If you are unsure whether you need a solicitor to represent you during your sentencing hearing, complete our Contact Form and one our lawyers will provide you with Free Initial Telephone Advice on whether it would be beneficial to appoint a solicitor.

When You Need A Solicitor for A Driving Offence

In most circumstances, appointing a solicitor to represent you at Court for your Sentencing Hearing would make a significant difference to the sentence impose upon you by the Court, this is because for most Driving Offences, the Court has discretion upon the sentence it decides to pass.

As an example, a person may have a clean driving licence and has pleaded guilty to Careless Driving (Driving without Due Care and Attention), at the sentencing hearing the purpose of the Court is to pass an appropriate Sentence for the offence of Careless Driving. The Court has discretion as to the sentence it imposes for Careless Driving, the Court could impose 3 to 9 penalty points or impose a Driving Ban. In such circumstances, appointing a specialist driving offence solicitor would be beneficial because disqualification is possible and there is a range of points which could be endorsed upon your driving licence.

Using the example above, our Specialist Driving Offence Solicitors would aim to achieve the best possible result, this being the lowest possible sentence for the motoring offence you have been charged with. We would consider the evidence in the case, identify offence mitigation and offender mitigation, we would then present a persuasive case to the Court by identifying positive attributes in the case and why a more lenient sentence would be appropriate. The Court may be considering imposing a driving ban, our lawyers would seek to persuade and influence the Court to impose penalty points, rather than imposing a driving ban.

In another example, an offender may already have 6 active penalty points on his / her driving licence and the offender is now due to be sentenced for Careless Driving. If the offender receives 6 or more penalty points for Carless Driving, the offender will have accumulated 12 points or more on the driving licence and will be regarded as a ‘Totter’. In such circumstances our lawyers would first aim to influence the Court to impose 3 to 5 points for the offence of Careless Driving, as this would avoid a driving ban. In this example if the Court were to impose 6 or more points for the offence of Careless Driving, our lawyers would consider whether it was appropriate to advance an Exceptional Hardship Application on your behalf.

Mitigation Explained

Mitigation is an art practiced by Barristers, Solicitors and Advocates in Court to persuade the Court to keep the sentence to a minimum, given the circumstances of the offence and offender.

Our lawyers will carefully consider the mitigating factors of the offence and will highlight these to the Court, our lawyers will also consider and advance personal mitigation (offender mitigation) to the Court so that the sentence can be kept to a minimum.

Solicitors for Sentence Hearing

If you rely upon your driving licence and want to stand the best possible chance of avoiding a driving ban, you need to instruct a specialist driving offence solicitor. Our lawyers possess a wealth of experience at representing clients for sentence hearing and advancing mitigation on their behalf.

If you would like to know how we can help save your driving licence, e-mail us on info@kangandco.co.uk or alternatively call 03452229955 to speak to a Specialist Motoring Law Solicitor. You can also fill out the form below and will get back to you as soon as possible

Our motoring law solicitors frequently represent clients for Sentence Hearings in Birmingham, Solihull, Walsall, Sutton Coldfield, Coventry, Leamington Spa, Nuneaton and Tamworth.

Request A Call Back or Email from a Kang & Co Solicitor

Do you require a driving offence solicitor? Please don’t hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team will contact you as soon as possible to discuss your requirements and your options.

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