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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.
what was the actual charge offence?
What plea was entered at court?
Understood. Was there a trial, or did she enter a guilty plea?
Was that the first and only hearing?
Thank you for that additional information, that will be helpfull in allowing me to advise you today.Before entering court, she would have been given a set of the papers which would show the evidence.
Her choice was then to either enter a guilty or not guilty plea.
Once a plea is entered, the prosecution would give a summary of the offence, which would be leaning to their account of the papers and based on the guilty plea.
The court would then Sentence based on that.
If she is unhappy with the actual sentence, she can appeal that to the Crown Court. She has 21 days to do that. There is no appeal against the conviction and guilty plea as she entered that herself.
The attached link contains the form.
This should be submitted to the sentencing court within 21 days of sentence.
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Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Then she should not have entered a plea. Unfortunately she did and convicted herself by entering the guilt plea.
Therefore only appeal against sentence is possible.
Yes that is correct.
Many motoring offences do not require the police to take a statement from a driver. They can caution them and summons them to court.
The police can take statements from witnesses yes.
Yes that can also happen.
Not always fair, that is the reason why legal advice is always adviced when going to court and before entering a plea, especially a guilty plea.
You would not be offered legal advice, you have to seek that.
If you are not entitled to legal aid or use of the duty solicitor then you,either pay privately or self represent. Sorry to say that is the gamble.
No, if you are arrested and cautioned you are entitled to free and independent legal advice ie duty solicitor at the police station.
For a s.3 Road traffic offence Careless driving, 6 points and a fine of £417 is by no means manifestly excessive. That is what the Crown Court would consider. The magical word is manifestly excessive.
A s.3 sentence can be 7-9 points or a ban plus a much higher fine.
If you appeal and loose, the court can increase the sentence and fine, and far higher costs
Bear in mind you are appealing sentence.
I have dealt with many cases on appeal.
A sentence of 6 points and £417 is by no means manifestly excessive.
I would advice an appeal would fail. But you can of course appeal
You are not appealing conviction, as you entered a guilty plea.
You are only appealing sentence. The court is only looking at whether the sentence imposed is “manifestly excessive”
A little high does not count. Excessive does not count. It must be manifestly excessive. Which it is not.
By all means seek further independent legal advice.
One very good specialist motoring law firm is attached.
They are based in my old area in Devon, they are very good, I have seen them work on court many times.