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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5454
Experience:  Owner at James Bruce Solicitors
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Looking for assistance for my Fiancee She has just been to

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Hello
JA: Hi. How can I help?
Customer: Looking for assistance for my Fiancee She has just been to court hearing for motor conviction of section 3
JA: Where are you? It matters because laws vary by location.
Customer: UK Peterborough
JA: What steps have you taken so far?
Customer: so she attended court yesterday, but we are looking to appeal the sentence of points and fine, due to the fact of upon asking for evidence we was not supplied with any and no statement was taken from my partner. At the scene of the accident the police office spoke to her but no written statement then at the end cautioned her and that was the last we heard until the court hearing date
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no dont feel so?
Customer: replied 11 days ago.
Following on from my question, the documents the other party has supplied are incorrect, and some points on the police documents are incurrect such as drawings etc we have photos of the accident which are time and date stamped and nothing like the hand drawings and descriptions

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.

Customer: replied 11 days ago.
Hello James, and thank you for you reply

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?

Customer: replied 11 days ago.
Sure,
Customer: replied 11 days ago.
she has been give. 6 points and £417 fine on the basis of the other parties statement but no proof of injury’s and damage

Understood. Was there a trial, or did she enter a guilty plea?

Customer: replied 11 days ago.
There was a hearing for it which was Monday just gone

Was that the first and only hearing?

Customer: replied 11 days ago.
She went guilty which they asked soon as she walked in but then they read the statements out and she tried to explain her side as that wasn’t read out and the police took no interview and ask for evidence of I jury’s and they had none
Customer: replied 11 days ago.
I can confirm it was
Customer: replied 11 days ago.
We felt it was rushed and she wasn’t given enough time. Her appointment was 2*****closes at 5 and we finally got took in at 5:15 and done in less than 10 minutes

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.

Customer: replied 11 days ago.
Okay, I kind of understand you response. Is there a form to fill in?
Customer: replied 11 days ago.
She was given a document yea which had his statement and what police said - the police statements contradicts each other which is odd, and his the accounts are all accurate which she tried to express and for injury’s of him claiming and that he has supplied no evidence of what he is saying as even our insurance has asked 3 times for it but he has failed to provide it, along with evidence of treatment he states needing so we feel how she has been punished is now strictly fair since no one took a statement from her or give her time to answer and prove photo evidence to back her statements up

The attached link contains the form.

This should be submitted to the sentencing court within 21 days of sentence.

https://www.gov.uk/government/publications/appeal-against-sentence-only

Customer: replied 11 days ago.
Thanks

Your very welcome.

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.

Customer: replied 11 days ago.
She was given a document yea which had his statement and what police said - the police statements contradicts each other which is odd, and his the accounts are all accurate which she tried to express and for injury’s of him claiming and that he has supplied no evidence of what he is saying as even our insurance has asked 3 times for it but he has failed to provide it, along with evidence of treatment he states needing so we feel how she has been punished is now strictly fair since no one took a statement from her or give her time to answer and prove photo evidence to back her statements up

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.

Customer: replied 11 days ago.
Mm okay, so she can go now and appeal the sentence to see if her explanations can mitigate the punishment at all?
Customer: replied 11 days ago.
I have another question after this one if ThTs okay

Yes that is correct.

Customer: replied 11 days ago.
Okay
Customer: replied 11 days ago.
at the time of the accident the police spoke to her but took no statement they then gave her a caution then the next thing she had the letter for court but no interview? Is that right

Many motoring offences do not require the police to take a statement from a driver. They can caution them and summons them to court.

Customer: replied 11 days ago.
Okay, but still can take interview from another party?

The police can take statements from witnesses yes.

Customer: replied 11 days ago.
Sorry I meant another driver involved

Yes that can also happen.

Customer: replied 11 days ago.
Okay, not sure I can understand when two parties involved and only statements from one side and 2 witness statements who confirmed they work with the party and word for word is the same as the other drivers statement
Customer: replied 11 days ago.
Can’t see how that’s strictly fair?

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.

Customer: replied 11 days ago.
I understated that now but we wasn’t ever offered legal advice? And I spoke to a company but the fees were very expensive

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.

Customer: replied 11 days ago.
Right okay. I thought when you get cautioned by the police they inform you then for free legal advice? - just from what I’ve seen

No, if you are arrested and cautioned you are entitled to free and independent legal advice ie duty solicitor at the police station.

Customer: replied 11 days ago.
Ah right no she was cautioned only

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

Customer: replied 11 days ago.
Right okay, so ThTs a gamble we take I guess but obviously we need to speak to a lawyer with our case to see if it’s worth it?

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

Customer: replied 11 days ago.
Appreciate that, I understand you saying it would fail and thanks for being honest, but what if evidence is incorrect but part is right? Such as injury and what happened
Customer: replied 11 days ago.
Like I don’t know how much we can do over this but I’m happy to send documents or whatever so show out side

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.

https://www.pattersonlaw.co.uk/

Customer: replied 11 days ago.
Perfect thank you, I’ve seen them about
Customer: replied 11 days ago.
Thanks for your help!

They are based in my old area in Devon, they are very good, I have seen them work on court many times.

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.

james bruce and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Appreciate that
Customer: replied 11 days ago.
Thank you

Your welcome.