Mitigating A Speeding Offence
Posted on 26th October 2021
If you have received an intention to prosecute for a speeding offence and you are pleading guilty; a letter or statement of mitigation can be helpful.
What is a letter of mitigation?
A letter or statement of mitigation is a document that a defendant provides to the court. It follows a guilty plea. The letter includes factors and circumstances that the defendant wants the judge or magistrates to take into account when they decide on the sentence. The purpose of mitigation is to persuade the court to pass the most lenient sentence possible.
A letter or statement of mitigation is a written document provided to the court. A plea of mitigation is an oral statement given in court by the defendant or their representative. The contents of both is usually similar.
When should you send a letter of mitigation?
You should send a letter of mitigation for speeding if you are going to ask a magistrates’ court to sentence you without your attending court in person.
It is also possible to attend court and ask the Usher to pass a letter of mitigation to the judge or magistrates on your behalf if you do not feel comfortable addressing the court.
A letter or a mitigation statement is useful for cases dealt with under the single justice procedure or matters with a full-court hearing where you do not need to attend.
When should I avoid sending a letter of mitigation?
When you don’t have anything useful to say that will reduce the sentence. A letter with no substance may simply serve to irritate the reader.
If you are going to put forward financial hardship as a reason to avoid a disqualification from driving due to 12 or more points on your licence, you will have to go to court in person to present this evidence. The court will want to see your contrition.
If you are going to argue that there is some reason or reasons not to disqualify you or not to endorse your licence, you have to go to court.
Who should write the letter of mitigation?
If you comfortable in writing a letter with proper language and grammar, then there is no harm in writing the letter yourself. Remember you are seeking the favour of the court and a poorly written letter will not help your case at all.
Alternatively, you can have the letter written on your behalf by McKenzie Picave. We will endeavour to prepare a document which details the facts and strikes the right note to secure a favourable reading in court.
There is never a guarantee that a letter of mitigation will have any sway with the court when set against the facts of the case but it is better to present the very best document you can in order to have the very best chance of success.
McKenzie Picave has extensive experience in writing statements of mitigation.
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