Author Topic: Traffic offence Solicitors in Leamington Spa-Coventry area  (Read 717 times)

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MJ007

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Traffic offence Solicitors in Leamington Spa-Coventry area
« on: September 16, 2024, 10:24:43 pm »
Hi there,

Wish every one good night's rest and sleep. Could someone please recommend me a good traffic Solicitor in the above region.

Basically I have been charged for driving too slowly on the motorway. Under section 3 of the RTA and schedule 2 of the road traffic offenders act.
Initially I was stopped and sent a fixed term penalty notice. Which got misplaced in the post x2 times and this led to a SJP notice. Despite pleading guilty and accepting the fine, been now refereed for a court hearing, reason stated ' not suitable under SJP' Yes, court hearing for a traffic offence while rapists and murderers are let off early, as prisons are overflowing.

I wish to get legal opinion and possibly fight it out in the court. Please do advise me on a good Solicitor in the above region because the court attendance is at Leamington Spa. So thought a local Solicitor would be better suited?
Please do advise me
Thanks

Darren

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The Rookie

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #1 on: September 17, 2024, 05:50:39 am »
If you plead guilty what exactly are you going to ‘fight it out in court’, the court hearing will be for sentencing only. Legal representation costing £500 plus doesn’t really look like value for money on that basis.

What you would have been sent was a Conditional Offer of a Fixed Penalty (COFP) not some other concocted title you make up. If you were sent that I’m wondering what you put in ‘mitigation’ that has suggested to them your case isn’t suitable for sentencing by the single justice, it seems unlikely they would be considering a ban if you were offered a COFP, but hard to tell.

As for comments about other cases, you are accused of committing a crime which you agreed you committed (unless the ‘mitigation’ you presented amounted to a defence) which isn’t imprisonable (so no early releases to get you a bed for the night), so doesn’t seem at all relevant unless you just wanted to rant?
There are motorists who have been scammed and those who are yet to be scammed!

NewJudge

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #2 on: September 17, 2024, 08:26:08 am »
As above, there is nothing to "fight out" unless you are thinking of changing your plea. Are you considering doing that? If so, what has changed between the time you entered a guilty plea in response to the SJPN and now? Before you consider shelling out what will be a tidy sum for a solicitor, you need to think through what it is you are trying to achieve.

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Yes, court hearing for a traffic offence...

You've already had one court hearing. The Single Justice procedure is part of the court process. If you visit your local Magistrates' Court you will find they have at least one day a week where one courtroom is set aside solely for traffic offences where defendants are asked to attend - usually dozens in a day. There is nothing at all unusual about it.

MJ007

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #3 on: September 17, 2024, 06:32:51 pm »
Thanks, to all those who replied

Is there any Solicitor in this area? Leamington Spa, Coventry etc

Please do lemme know

D

The Rookie

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #4 on: September 17, 2024, 07:21:41 pm »
Well it would help if you explained exactly what you are trying to achieve first.
1/ mitigation to reduce the sentence based on your guilty plea - in which case doing yourself is usually best as you a professional is unlikely to save what they cost you
2/ reverse your guilty plea and defend the allegation, in which case what defence do you think you have?
3/ something else

Do you even know (as opposed to thinking you know) why you want help?

Not Leamington based but with an excellent reputation for no-nonsense help and sensible prices is Bobby Bell of BB law. https://www.bb-law.co.uk/
There are motorists who have been scammed and those who are yet to be scammed!

andy_foster

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #5 on: September 17, 2024, 07:28:38 pm »
Is there any Solicitor in this area? Leamington Spa, Coventry et

There are almost certainly solicitors in that area.
There are almost certainly bakeries in that area as well.
As regards whether or not they are any good, I have no idea why you would think that we would know.
« Last Edit: September 17, 2024, 10:22:39 pm by andy_foster »
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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MJ007

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #6 on: September 17, 2024, 10:06:46 pm »
Well it would help if you explained exactly what you are trying to achieve first.
1/ mitigation to reduce the sentence based on your guilty plea - in which case doing yourself is usually best as you a professional is unlikely to save what they cost you
2/ reverse your guilty plea and defend the allegation, in which case what defence do you think you have?
3/ something else

Do you even know (as opposed to thinking you know) why you want help?

Not Leamington based but with an excellent reputation for no-nonsense help and sensible prices is Bobby Bell of BB law. https://www.bb-law.co.uk/



Thanks a ton, Rookie

roythebus

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #7 on: September 17, 2024, 10:33:39 pm »
Well, it seems you've been given good advice here. Why waste your money? Typically a motoring solicitor will be between £800-£1000, plus as you pleaded guilty there's nothing to fight as others have pointed out. Whatever you'd like to say in mitigation you can say yourself for free. Plus for the guilty plea you'll get clobbered a bit less that not guilty and being found guilty, plus prosecution costs and victim surcharge. The £100 fixed penalty is sometimes a bargain.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

MJ007

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #8 on: September 18, 2024, 01:33:08 pm »
Thanks everyone, specially Rookie and Buses and senior

I was stopped for driving at 45 mph on the M69. Hoped would go away if I pleaded guilty and  took the 100 quid and 3 point fine. Due to a comedy of errors, mostly on my part, the license details never got across. Pleaded guilty with a mitigation statement but  told that it's not suitable for an SJP

So fine, can't I now plead not guilty and fight it out in court? Is money the only reason we have to base our decisions on? What  will I lose, 1-3 grand and may be a ban? I just cant stand the idea of having a criminal record, however soft or mild or which may not show up

There's no law against driving slowly

Darren

DWMB2

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #9 on: September 18, 2024, 01:42:31 pm »
Is money the only reason we have to base our decisions on?
No, but part of offering people sound advice is making sure they are aware of the potential risks of any course of action, including the financial ones. For many of the people who come here seeking help, the potential that they might lose £1,000+ is a material consideration.

Southpaw82

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #10 on: September 18, 2024, 02:45:09 pm »
FWIW, you won’t have a criminal record, as it’s not a recordable offence. You will have been convicted of a crime though (which for many practical purposes is no different to accepting a fixed penalty).

NewJudge

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #11 on: September 18, 2024, 03:22:38 pm »
Quote
"Pleaded guilty with a mitigation statement but  told that it's not suitable for an SJP"

What did you actually say in mitigation? If the court gained the impression that your mitigation formed the basis of a defence to the charge, your guilty plea would not be accepted. The SJP only deals with straightforward guilty pleas so the reason why you have been asked to attend court may be to clarify your position.

Quote
So fine, can't I now plead not guilty and fight it out in court?
Yes you can. But you said you wanted to get a legal opinion. Before you spend money on a solicitor there are people on here who are qualified lawyers and others who, whilst not legally qualified, have a fair idea of the law and the court process. If you tell us what actually happened, what you've been charged with, what the police have based their charge on (you should have the evidence they intend to use to convict you) and in particular what you said in your "mitigation", you may get some free advice which might indicate whether it is worthwhile "fighting it out in court".

Quote
There's no law against driving slowly
Indeed there isn't. But similarly there is no law against driving on the wrong side of the road.

What you have probably been charged with is either Careless" or "Inconsiderate" driving.


The Rookie

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #12 on: September 18, 2024, 03:27:24 pm »
There's no law against driving slowly
Well there is (obvious if you read the HC - https://www.gov.uk/government/publications/know-your-traffic-signs/speed-limit-signs), but it wouldn't apply here, but like many things are not against a specific law, they fall under the blanket of driving without due care and attention or without reasonable consideration for other road users contrary to section 3 of the Road Traffic Act 1988. https://www.legislation.gov.uk/ukpga/1988/52/section/3

For example there is no law against overtaking straight into another car, but it is almost certainly careless or dangerous driving.
There are motorists who have been scammed and those who are yet to be scammed!

666

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #13 on: September 18, 2024, 03:28:55 pm »


There's no law against driving slowly

Darren

The law You have been accused  of breaking - section 3 of the Road Traffic Act 1988 - makes careless or inconsiderate driving an offence.

Careless is defined as driving which is below the standard to be expected of a careful and competent driver. Inconsiderate is self-explanatory.

Before risking a not guilty plea, you should consider carefully whether your driving on that occasion met that test

MJ007

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Re: Traffic offence Solicitors in Leamington Spa-Coventry area
« Reply #14 on: September 18, 2024, 08:13:04 pm »
FWIW, you won’t have a criminal record, as it’s not a recordable offence. You will have been convicted of a crime though (which for many practical purposes is no different to accepting a fixed penalty).

Thanks, South Paw

and everyone else who took the time out to advise me, much appreciated

My primary concern is about a criminal record, my employer will certainly raise it, if it shows up on an enhanced DBS check.
If it doesn't show up do I still have to declare it?

D