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CONVICTED IN ABSENCE FOR A DRIVING OFFENCE

Being ‘convicted in absence’ under section 172 of the Road Traffic Act (also known as ‘trial in absentia’) means that the court reached a decision to sentence you for an alleged offence even though you did not attend the court hearing in person.

This can happen by mistake if you accidentally forget to respond to a letter, or if you didn’t know you had to attend at all.

If you have been convicted in your absence of a road traffic offence and you were unaware of the proceedings against you, you need to seek the expertise of a specialists driving offence solicitor. 

At Motoring Offence Solicitors we offer the very best privately funded legal advice and representation to motorists accused of driving offences in Manchester, the North West and throughout the UK.  

If you find yourself in the situation of having been convicted in absence, call our team today on 0161 832 3852 or complete the enquiry form at the bottom of this page.

Steven Brown
Steven Brown
20:23 30 Nov 21
I recently enlisted the services of Brian Koffman to represent me in court for a speeding offence.Right from my first discussions with Brian I found him very friendly and highly professional.He... explained everything in detail and in an easy to understand method.In court Brian put my case forward with great experience and professionalism and we both got the outcome we hoped for.I wouldn't hesitate in recommending Brian to anyone.read more
Hamid Mian
Hamid Mian
16:48 18 Nov 21
I needed immediate legal assistance regarding a recent motoring offence. Mr. Brian was very professional and talked me through the case and my options. I would highly recommend to anyone in need of... legal advice.read more
Cameron Bruce
Cameron Bruce
19:24 18 Oct 21
Brian was very helpful and communication was brilliant throughout the process. He got me the best possible result on the day without the need to attend court. Would highly recommend his services.
Shananay Watson
Shananay Watson
16:10 13 Oct 21
I searched endless for a trusted motoring solicitor and couldnt find anyone i deemed suitable until B.Koffman & Co.In recent months Mr. Koffman has dealt with everything associated with my Fathers... case from phonecalls to documentation ect.Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!I cannot recommend him enough, everything was done to perfection and no stone was left unturned.5* absolutely.If ever you have a motoring issue Mr. Koffman is the man to see.We have already recommended him to friends and will continue to do so.Thank you again Mr. Koffmanread more
Emma Bingham
Emma Bingham
18:12 24 Sep 21
I went to Brian when I received a letter due to a driving offence. He fully explain what I was being charged with and the options that were available to me. Brian represented me in court and in the... end managed to achieve a better than expected outcome. I would have no hesitation in recommending Brian to anyone and highly recommend.read more
Andrew Ritchie
Andrew Ritchie
14:53 28 Jul 21
I cannot thank Brian enough for the amount of commitment he put in to my case! He was able to explain the court process in simple terms, and I felt at ease knowing that someone so highly professional... was dealing with my case. His advice resulted in the case being dropped and it ended in my favour. After my experience I would definitely recommend Brian, as he handled everything so efficiently. If anyone is looking for a motoring and criminal law solicitor that goes above and beyond, Brian is YOUR MAN!read more
Chris Edward
Chris Edward
13:47 06 Jul 21
I highly recommend the team at Motoring Offence Solicitors. They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely... amazing value. Thank you Brian and teamread more
Ged Cosgrove
Ged Cosgrove
18:17 13 Jun 21
I have had to use Brian’s services on a few occasions and have also recommended his services to clients, friends and family. I have always found Brian to be professional In my dealings with him, he... explains everything in layman’s terms and has always advised as to the right course of action. I have never been disappointed and have always been happy with the final outcome.read more
Louis Barron
Louis Barron
14:20 11 Jun 21
I called Brian at very short notice about handling a case for me and he was incredibly helpful straight away - he clearly explained the situation and my options, and represented me at court to... prevent me having to travel across half the country.He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!Thanks again Brian.read more
Emma Wright
Emma Wright
11:37 11 May 21
I cannot thank Brian enough for all his hard work involved in helping me get the best possible outcome for a recent motoring offence. Brian has been very responsive and articulate throughout the... whole process which has made me feel at ease knowing I am dealing with a professional at the scary time of preparing for and going to court. I will recommend Brian to anyone who needs a professional to help them with any motoring offences.Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.Thank you again for helping me.read more
Andrea Lumb
Andrea Lumb
10:59 23 Apr 21
I have recently had the pleasure of dealing with Brian regarding a motoring offence for a close friend of mine. Brian has been amazing throughout the whole process with regular and clear... communication. Brian is professional and extremely knowledgeable in his field of expertise. Furthermore, and more importantly, Brian managed to get my friend the best possible outcome that we just didn’t think was possible. Hopefully, I never have to use Brian personally, however if I do commit a motoring offence, he will definitely be the man I call. I have already referred a family member of mine to Brian as I know he will be taken care of.Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.read more
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Talk to an experienced motoring offence solicitor today.

or Call 0161 832 3852

SECTION 172 ROAD TRAFFIC ACT

A section 172 notice is a notice of intended prosecution which can be served verbally by the police or by a letter in the post soon after the offence was committed. These days, many traffic offences are detected by automated systems (speed cameras) so the police need a way to require vehicle owners to provide details of the driver at the time an offence was committed.

The written notice is sent by post to the registered keeper of the vehicle named on the V5 document within 14 days, who is then required to provide driver details. Failure to complete and return the section 172 notice within 28 days can lead to a charge of failure to furnish driver ID which can lead to an MS90 conviction.

A notice can also be sent to any other person with the same consequences if there is no response.

MS90 CONVICTIONS & MS90 STATUTORY DECLARATION

MS90 is the code used by the court and DVLA.

An MS90 conviction is the result of failing to provide information about the identity of a driver at the time a driving offence was committed. This can happen unintentionally but if convicted an MS90 endorsement carries a penalty of 6 points and a fine of up to £1,000.

It is very common for the registered keeper of a vehicle to change their address and forget to provide the new details to the DVLA. The notice of intended prosecution is sent to the old address, the vehicle owner is unaware of the offence and an MS90 conviction in absence is entered.

A notice of intended prosecution is deemed to have been served if it was posted to him/her at their last known address even if is was returned undelivered or for any other reason was not received by him/her.

If you have received an MS90 conviction, we can help.

HOW WE CAN HELP YOU

If you have been convicted of a road traffic offence and you were unaware of the proceedings against you, contact our experienced driving offence solicitors now at Motoring Offence Solicitors.

We offer the very best privately funded legal representation to drivers accused of driving offences in Manchester and across the UK.  

Call our team today on 0161 832 3852 or complete the enquiry form below.

REOPENING MOTORING CONVICTIONS AND SENTENCES

Making a statutory declaration to the magistrate’s court is very often done in relation to our clients who have been convicted of road traffic offences without realising it.  

The reasons are often related to out of date DVLA records due to a change of address.  

In 2004/5, 170,000 (one hundred and seventy thousand) defendants (15% of all those charged) failed to attend their trial in the Magistrates Court and the charge was proved in their absence.

The overwhelming majority of these were motoring offences (National Audit Office 10/02/2006 ‘CPS: Effective Use of Magistrates Courts Hearings’).

You will automatically be granted the opportunity to make a statutory declaration if you make the request within 21 days of finding out that you have been convicted of an offence.  Beyond 21 days it may be refused at the discretion of the Magistrate.

If you find out you have been convicted in your absence you must act quickly.

You will need to provide clear evidence to support your claim that a mistake has been made. For example. you may be able to show valid paperwork, such as insurance or MOT documents, that you weren’t able to provide at the time.

Contact our experienced team of driving offence solicitors today on 0161 832 3852 for a free consultation, or make an enquiry online here.

WHAT SORT OF OFFENCES DOES THIS APPLY TO?

Section 172(2) of the Road Traffic Act 1988 creates an obligation to provide information. Failure to do so is known as a “Section 172 offence” and can be applied to most road traffic offences. However, the most common causes are probably speeding offences and failure to furnish.  

What often happens is that the registered keeper of the vehicle doesn’t respond to the notice of intended prosecution. Perhaps they have changed address and not updated the DVLA, or perhaps they are not sure who was driving at the time. This ‘failure to furnish’ details of the driver is an offence which can be enforced in the absence of the accused under section 172 of the road traffic act.

HAVE YOU BEEN CONVICTED OF A DRIVING OFFENCE IN YOUR ABSENCE?

If you have been convicted of a driving offence without your knowledge, it is important to contact an experienced driving offences solicitor immediately.  The time you take to act can have a major impact on your chances of success. Our experts are on hand to provide a superior privately funded service to help keep you safe and on the road. 

Please contact Motoring Offence Solicitors on 0161 832 3852 or complete the enquiry form below.

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