Postal requisitions for driving offences
More and more driving offences are now dealt with by postal requisition. Usually you can enter your plea by post. If you’ve received a postal requisition inviting you to enter your plea by post, you may still need to go to court. The court will send you a new notice if you are required to attend.
Even if you don’t need to attend court because you’re pleading guilty, it’s important that you make the court aware of any mitigating circumstances. Attached to the postal requisition is a plea form and financial means form. The plea form itself asks you to indicate if you’re pleading guilty or not guilty. It also provides a very small box in which to write any mitigating circumstances.
If you plead guilty by post, the court should take into account what you’ve put on that form. Therefore it’s important to explain the circumstances in order to try and keep the penalty to a minimum. It’s also important that you emphasise the right points to get the best result. This is something our Derby and Nottingham Based Solicitor can assist with.
We also suggest you take a look at our time limits and procedure page, as it has more detailed information and FAQs on this area.
Why would I need to go to court?
At the time the postal requisition is issued, the court doesn’t know the seriousness of the particular offence or how many penalty points you currently have on your licence.
For example, the court regularly sends postal requisitions to drivers accused of speeding. However, at the time of issue, the court doesn’t consider what the level of speeding was. The court also doesn’t know whether the points imposed for the current offence will mean you have accumulate 12 penalty points or more within three years.
If you are accused of a high level of speeding offence or are likely to reach 12 penalty points, you risk disqualification. Therefore the hearing usually gets adjourned for you to attend.
Have a look at our speeding penalty calculator to give you an idea of the likely penalty.
Why has the court adjourned my hearing?
Following on from the previous question, the court may have adjourned it because you are at risk of disqualification. The court also adjourns cases for other reasons – such as insufficient court time – but this happens less often.
At the very least, courts have to put drivers on notice before they can disqualify them. It is preferable for the driver to be told in person if they are receiving a driving ban. This way the driver knows that they cannot drive. The court can send drivers to prison for driving while disqualified as it’s a very serious offence.
How can Pragma Law help?
We have tons of experience dealing with all types of postal requisitions. We have excellent success rates and can advise you whether to deal with the matter in writing or by attending court. If you are likely to have to attend court, you may prefer to do so earlier in order to ‘get it over with’. Other drivers may want to delay it as much as possible.
You may prefer to attend court even if you don’t need to. You may feel it creates a better impression with the court. On the other hand, it can draw more attention to the particular offence. Sometimes, putting forward a strong statement in mitigation in writing may be the better option.
Whatever your driving offence and budget, Pragma will advise you honestly about the best course of action for you. Our qualified solicitor can represent you at court with you and put forward mitigation or represent you at trial or an exceptional hardship or special reasons argument. Alternatively, we can prepare, or help you prepare a suitable statement in mitigation. This should keep any penalty for your driving offence to a minimum.
Pragma Law driving offence solicitors are based in Nottingham. We also deal with driving offences in Derby, Leicester, Birmingham, Lincolnshire or anywhere else you need us to.