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How do I Make a Statutory Declaration

I received a call yesterday from a woman who said “I have just received a letter from the court telling me that I have to pay a fine and that points will be put on my licence. This is the first I have heard of it.”

This is not as unusual as you may think. I often hear this, letters from the court go astray and people think that they will not hear anything in relation to the speeding matter that the police wrote to them about 4 months ago.

The next thing that they hear is that they have been found guilty, fined and points put on their licence.

All is not lost and I will take you through the procedure of getting back to the beginning.

First you need to apply to Set aside the conviction. You do this by going to or ringing the court that has sentenced you. Tell them that you did not know anything about this and ask to set aside the conviction. This must be done within 28 days of hearing about the matter (so the day you received the fine notice).

You will then be invited to attend court to make a statutory declaration. You will be asked to swear on oath that you knew nothing of the proceedings. If the cort accept this then the matter will be set aside and you will have no conviction, fine or points against you. Sometimes this is the last you will hear of it, normally the Crown Prosecution will issue another summons and you will be given a new hearing date. If it is your intention to plead not guilty then you will be given the chance to do that and the matter will be listed for trial.

If you need any help with this feel free to contact Steve Williams on 01623 397200

I’ve been Banned, How do I Appeal against the Courts’ decision?

How do I appeal against the Courts decision?

I often hear from clients after they have been sentenced for drink driving or another motoring summons, they decided to represent themselves and are not happy with the result. What can they do?

The first thing that you need to know is that you must lodge a notice of appeal within 21 days of the final hearing. You will need a notice of appeal.

You can get one from here –

//www.justice.gov.uk/criminal/procrules_fin/docs/f141page1-2.pdf

Print this out and fill it in, most of the form is self explanatory. You will need to take it to the court that sentenced you, they will process it and send it to the Crown Court. You will then get a court date some time later.

If you are appealing against a disqualification then you may want to ask the court to lift the disqualification pending appeal. The appeal can take up to 8 weeks to be heard and if you do not lift the can then you will have served 8 weeks even before the appeal is heard.

If you need any help with any aspect of the appeal call Steve Williams Motoring Lawyer on 01623 397200.

In part 2 I will explain what happens at the hearing and what you need to do next.

Should Flashing your Headlights to Warn Drivers be a Crime?

Michael Thompson, a 64 year old pensioner with no previous convictions now finds himself a convicted criminal because he flashed his headlights to warn drivers of a speed trap up ahead.

Grimsby Magistrates convicted him of wilfully obstructing a policewoman in the execution of her duty and fined him a total of £440 including costs and ‘Victim surcharge’.

Many campaigners complain that the police are more interested in raising money than increasing road safety and this would appear to give some support to that point of view.

By flashing the other drivers he was not just warning them of a speed trap but causing them to slow down. Isn’t that the alleged purpose of a speed camera? So Mr Thompson has in fact joined forces with the police and helped them slow motorists down.

His ‘civic duty’ as he referred to is has cost him £440.

The next time I see kids about to spray paint on a wall I shall think twice about telling them to stop and instead wait until they have committed the crime so that the police can arrest them just in case I am accused of wilfully obstructing a police officer.

Forrest Williams TV