Have you been charged with a motoring offence without your knowledge?

Have you been charged with a motoring offence without your knowledge?

Unfortunately, more frequently people are discovering that they have been charged and convicted of road traffic offences without their knowledge.  In some cases, people may have been driving whilst disqualified without even knowing, which is an imprisonable offence.

The most common reason for this happening is the police or court writing to an incorrect or an old address to advise someone they have been penalised for speeding or another type of motoring offence, but the driver no longer resides at the address on record.

Therefore, some drivers would have no idea that they have even committed any offence if they have received no initial communication from the police or court, let alone received a summons to attend court.

If the offence is escalated to the courts the defendant is unlikely to be aware of any court date so when they then miss the court date the courts convict them and sentence them in their absence.

At this stage, the court can impose higher fines, penalty points and even disqualifications from driving.

This news can be devastating once the driver becomes aware of any conviction and sentence and can have a significant impact on insurance and sometimes the driver’s employment.

In some circumstances individuals impacted by this can apply to re-open the proceedings by making a ‘Statutory Declaration’, confirming that they had only just become aware of the proceedings. This would then set aside the conviction and sentence and in effect starting the proceedings afresh.

Here in the Criminal Litigation and Motoring Offence team at Alsters Kelley we can arrange for drivers to swear a ‘Statutory Declaration’ as soon as possible. Waiting for the court to book appointments can take several months which is not ideal for anyone who needs to drive regularly.

Once the conviction has been set aside Alsters Kelley can represent clients in the re-opened proceedings.

If you or someone you know has found themselves in this type of situation, then don’t delay, please contact us today!

Contact: crime@alsterskelley.com or telephone 07889 398771.

 

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