Best Consumer Protection Solicitors in Derby

How cases begin will depend on the type of driving offence. Sometimes the police will stop a vehicle after suspecting it has been involved in an offence. This often happens with low-level offences such as speeding, red traffic offences and careless driving but also in more serious offences like drink driving and dangerous driving. In some cases, the police will warn the driver of the likelihood of prosecution for the offence. If the vehicle is not stopped at the time of the alleged offence, the police will often send a Notice of Intended Prosecution and request for driver details. This is because they are required to give a warning of prosecution for certain driving offences, usually within 14 days of the offence. The request for driver details is sent to establish who the driver was at the time. Without an admission from the driver, there may be no way of the police proving who was driving.

If you miss the deadline, you may not be able to enter your plea online. If you have only just missed it, you should still send in your plea by post or email to the court as a matter of urgency as your case may not yet have been dealt with. Sometimes Single Justice Hearings are not heard for weeks after the deadline expires. However, you must not work on this basis. You should ensure your plea is entered within time or you risk being convicted and sentenced in your absence. This usually means that you will receive a harsher penalty than if you had pleaded guilty. If this happens, your only option may be to appeal to the Crown Court.

If you have pleaded guilty by post or online and said that you do not want to go to court, the court will consider if it can sentence you based on the information you have provided. If you are facing 12 or more points or have committed an offence for which the court is considering disqualifying you, it will adjourn it for a full hearing. You should receive a notice of a new hearing date through the post. If the court feels able to sentence you without you having to attend, they will send you notices in respect of your fine and any licence endorsements through the post. This can take many weeks if there is a backlog of cases. If you have pleaded not guilty, the court will send you a notice of a new hearing date at which you will be expected to attend. It is especially important that you seek advice at an early stage if you are pleading not guilty. There are procedural matters and timescales that you may not understand or be aware of and it could prevent you from successfully defending your case.

These are typically used when a not guilty plea has been entered. The matter may need a hearing to confirm what facts and issues of law are agreed and what is in dispute. Witnesses will need to be identified and a time estimate given so the court knows how long a case will last. Sometimes these hearings are used when one of the parties has not complied with its obligations, for example if the prosecution has not provided all of its evidence. In many straightforward cases, the court will not arrange a case management hearing unless it is requested.