USING STATUTORY DECLARATIONS TO REOPEN MOTORING CASES

Imagine discovering that you have been charged and convicted of a motoring offence without your knowledge, and that you have been driving whilst disqualified — an imprisonable offence.

It may sound like the plot of a bad dream, but this is exactly the situation in which many drivers are finding themselves, thanks to a newly-introduced court policy of disqualifying drivers in their absence.

If the police or court write to an incorrect or old address, or if the post goes astray, a driver may have no idea that they have even committed an offence in the first place, let alone received a court summons. When they subsequently miss the court date, the courts can impose penalties, including disqualification from driving, in their absence. Understandably, these drivers are getting a nasty shock when they discover the conviction.

It is possible for an individual to reopen a case under these circumstances, by making a ‘Statutory Declaration’ to say that they have only just become aware of the proceedings. This has the effect of beginning the proceedings again.

However, appointments to swear a statutory declaration in front of a court magistrate often come with a wait of several months — not ideal for anyone who needs to drive regularly. Fortunately, it is possible to swear a statutory declaration in front of a solicitor instead of a magistrate.

At Regan Peggs Solicitors, we can arrange for a driver to swear a statutory declaration as soon as possible — often the same day that the situation comes to light — and have the conviction nullified by the court within a matter of days.

We can also provide representation once the court case re-commences, giving a driver in this situation the best possible chance of avoiding a penalty altogether.

If you have found yourself in this situation and are facing a lengthy wait to see a magistrate, contact us today and let us help get you back in the driving seat.