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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi I just want to ask a question regarding what to say to the

Customer Question

Hi I just want to ask a question regarding what to say to the judge in court .I was stopped by a police officer driving with a provisional lincence I was asked to pay a fine of 300£ and take my provisional to the police station ,I paid the fine but did not take my lincence to the police station because I do not want to loose my licence due to looking forward for a driving job so I am asked to go to court and I want to know what I can say to the judge so he or she can be lenient with her judgement .thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Do you have any previous convictions please?
Customer: replied 2 years ago.
Thanks for your quick response no I do not have any this is my first I just want to know what I can write to the court as I am pleading guilty by post so I will need to know what I can write so I won't get a bad judgement thanks
Expert:  Jo C. replied 2 years ago.
Are you charged with no licence and no insurance please?
Customer: replied 2 years ago.
No I wasn't I was charged with driving on a provisional lincense without no insurance and no l place on so I asked to pay a fine of 300 pound and take my lincence to the police station .i paid the fine and did not take my lincense to the police station just because I do not want to loose my lincense as I am looking to get a driving job so now I have to go to court but am pleading guilty by post meaning I am not going to but but writing to the court I just want to know what to write so the judge will be lenient with her judgement thanks
Expert:  Jo C. replied 2 years ago.
Sorry if I'm missing the point but you cannot accept a driving job because you don't have a licence?
Customer: replied 2 years ago.
I am not accepting it all am saying is I am looking forward to it if I pass my test and have my full licence
Expert:  Jo C. replied 2 years ago.
Thanks.

These are mandatory sentences so it really doesn't matter all that much whether the Judge is lenient or not.

You will be charged with driving without a licence and insurance.

The no licence will carry 3 points and the no insurance will carry 6. They can ban you for no insurance but they will not do that on a first offence.

The 3 points will run concurrently on your licence so the total amount you will have is 6.

These are mandatory sentences so there isn't all that much a Judge can do about it.

The only discretion goes to the sum of the fine. The fine for no insurance is between 125-175% of your relevant weekly income.

In terms of mitigation, there isnt a great deal that can be said here except to emphasis your early guilty plea and remorse.

On the no licence, it depends on your circumstances. Usually its helpful mitigation if you have had lessons but obviously you can only say that if its true.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.
I do know about this all and I am pleading guilty but I can't send the form back withought saying anything about why I did not take the license to the police station so I just want to know what and write in the letter
Customer: replied 2 years ago.
Just want something solid to say
Expert:  Jo C. replied 2 years ago.
You are not being asked to comment on that. The court will not even know that you didn't send it to the station.

All that would have been about is that you were offered the fixed penalty fine but it couldn't be given to you because you didn't deliver up your licence for points. For that reason they have summonsed you.

The form you are filing out will be asking you to comment on the instant offences.
Customer: replied 2 years ago.
Now the court know about that because that is what the police officer said to them and that's why am being charged to court that is the main reason I needed you to help on what to say I gave already paid the fine
Customer: replied 2 years ago.
And please if I may ask what do you mean instant offences
Expert:  Jo C. replied 2 years ago.
Sorry but I'm not sure what you mean?
Customer: replied 2 years ago.
You said I will be asked to comment on instant offences I just wat to know what is and again the court know about that because that is what the police officer said to them and that's why am being charged to court that is the main reason I needed you to help on what to say I gave already paid the fine
Expert:  Jo C. replied 2 years ago.
The no insurance and the no licence.


The Court will not know that the fixed penalty was offered.
Customer: replied 2 years ago.
Thanks so what can be done or said about the mitigating circumstances please
Expert:  Jo C. replied 2 years ago.

In terms of mitigation, there isnt a great deal that can be said here except to emphasis your early guilty plea and remorse.

On the no licence, it depends on your circumstances. Usually its helpful mitigation if you have had lessons but obviously you can only say that if its true.
Customer: replied 2 years ago.
Thanks I have had lessons in the past I just need wat to say for them not to revoke my lincence i do need it please help me
Expert:  Jo C. replied 2 years ago.
I'm not sure what I can add to what I've said on that point. This will not lead to revocation or disqualification.

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