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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 13061
Experience:  30 years as a practising solicitor.
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I have a citation for court and have the option to reply to

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I have a citation for court and have the option to reply to the procurator fiscal via a response letter that has come attached to the citation, will I still have to attend court if I send my plea this way?
Assistant: Where are you? It matters because laws vary by location.
Customer: I am in scotland
Assistant: What steps have you taken so far?
Customer: I have taken none so far as I was unsure of what would happen if I replied via the letter
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 22 days ago.
The citation is for a road traffic accident where I am being charged with careless driving

Thank you for your question. I am a solicitor in Scotland. In a careless driving charge the court MAY deal with a plea of guilty by letter provided that proper information is given in the letter including any mitigation factors and financial information. If there is a risk of disqualification, if you have previous convictions or if the careless driving is at the more serious end of the spectrum, eg, ext naive damage to person or property then the court may continue the case for personal appearance. The matter is entirely at the discretion of the court. I hope that helps. Please leave a positive rating so that JustAnswer credits me for my time.

Customer: replied 22 days ago.
I have had a previous charge of driving without due care and attention around four years ago and the points are now off of my licence do you believe this may mean I could face disqualification, I hit a cyclist damaging her bike and giving her a few scrapes and bruises as it was at a slow speed

I would put the letter in and see if they deal,with it there and then but you have to be aware that they may defer this to allow you to appear. I’m not saying there will be a disqualification and indeed that is unlikely but some sheriffs will want appearance where there has been injury to a third party. I hope that helps. Please leave a positive rating so that I am credited for my time.

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