Many people have no idea how the court process works and it can be a very daunting prospect. You can be formally accused of motoring offences in two different ways. The first is via a court summons and the second is when the police charge you with an offence directly.
How a court summons affects you
When summonsed with traffic offences, the date that the case will be presented before the Magistrates will be detailed. The case will be heard initially and it is here that you should enter the plea of either guilty or not guilty. This can often be done without need to attend and can be delayed if necessary.
If you are pleading not guilty, you can submit this in writing. The case will then be issued with a trial or pre-trial review date. Although you don’t always need to attend a trial, it can assist your defence if you give evidence.
For those pleading guilty, with a possible driving ban outcome, it is necessary to attend. Failing to respond to the court summons can lead to a conviction without you attending. The case can also be adjourned if you do not respond or you wish to plead guilty without attending, if a disqualification is a possibility. If you then fail to attend, you may receive a ban in your absence or even be arrested.
The police can charge you with an offence if there is enough evidence to ensure a conviction. This is often seen in drink driving offences. The police will issue a date for you to attend court. If you don’t attend, it is usual for you to be arrested as a result.
No matter what the driving offences, it makes sense to be appropriately represented by a motoring solicitor.
At Cunninghams Solicitors, we offer professional legal advice on all motoring offences.
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