Sentencing Hearing Solicitors
Experienced solicitors and barristers representing clients at Sentencing Hearings
If you have been found guilty of a motoring law offence, or if you have pleaded guilty to a motoring offence, the Court will need to impose an appropriate sentence upon you at the Sentencing Hearing. The word ‘sentence’ refers to the punishment the Court imposes for the offence.
In most circumstances, you should instruct a Solicitor 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 0345 222 9955 or leave a message via our Contact Form below.
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 an hour shouldn’t need a solicitor to represent them at Court. This is providing 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, give us a call or 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 imposed 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 Careless 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 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 the 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 any personal mitigation (offender mitigation) to the Court so that the sentence can be kept to a minimum.
Solicitors for Sentence Hearings
If you rely upon your driving licence and want to stand the best possible chance of avoiding a driving ban, you should consider instructing a specialist driving offence solicitor. Our lawyers possess a wealth of experience at representing clients for sentence hearing and advancing mitigation on their behalf.
Our motoring law solicitors frequently represent clients for Sentence Hearings around the Midlands in Birmingham, and around London and it’s surrounding areas from our new office in Chancery Lane.
If you would like to know how we can help save your driving licence please fill out our enquiry form or alternatively call 0345 222 9955 to speak to a Specialist Motoring Law Solicitor.
Do You Require A Lawyer For A Sentencing Hearing?
Kang & Co Solicitors truly specialist solicitors and barristers are experts at defending clients who have been charged with a driving offence or are facing potential punishment.
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