Convicted in Absence Lawyers

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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.

Dani Petrasuc
Dani Petrasuc
09:49 30 Dec 22
I would highly recommend using Brian Koffman& Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. I can assure you will... receive an excellent bespoke service from beginning to end. In my case was even better than the best possible outcome I was expecting.Excellent legal advice, excellent and professional customer service, outstanding legal representation. I would have no hesitation at all in recommending them to anyone who needs their services.My sincere regards to the entire team at Brian Koffman&Co Solicitorsread more
William Pattinson
William Pattinson
12:39 29 Nov 22
I found Brian after a recommendation from another Solicitor.Both himself & his assistant were both very helpful and very reactive to both phone calls & email.I had no prior experience of attending... court, however Brian made me feel at ease as to what to expect.The case in which I was involved, was quite complex, however his professionalism and attention to detail made sure I received the best possible outcome.I would recommend him to othersread more
Ken Haughton
Ken Haughton
15:53 15 Nov 22
I would like to take this opportunity to post a big thank you to Brian Koffman for his excellent service during my recent court case. I was facing a lengthy ban and the possibility of losing my job,... Brian did a great job for me, i kept my job!!Should you require assistance with a driving offence Brian is the person to hire.Professional, meticulous, leaves nothing to chance.Thank you Brianread more
Antony Boffey
Antony Boffey
08:39 06 Nov 22
I won't go into too much detail but around 6 weeks ago due to an admin error I received a letter with 6 points and almost £1000 fine.Results from this would have been:Banned from drivingLoss of... jobLoss of houseWedding cancelledHoneymoon cancelledThe results would have ruined my life.One email and meeting with Brian and all this was sorted. Completely stress free and both him and his assistant were amazing.Couldn't rate them high enoughThank you.read more
Efoski Entertainment
Efoski Entertainment
09:11 29 Sep 22
Mr Koffman fantastic well for me. He was very informative and supportive. His professionalism was outstanding and victory was our at the end. I most say Brian Koffman and Co Solicitors are this best... in this game..read more
Ali P
Ali P
13:27 23 Aug 22
Getting a notice of prosecution on Christmas Eve was not what I wanted. However, after emailing Brian the day after Boxing Day he called me straight away, completely above and beyond during the... holiday period.His knowledge is this area is amazing and the the advice he gave me put my mind at rest and made me hopeful that he could resolve the case without me receiving a ban.Due to covid back log the case was very drawn out but the moment I heard from the courts, Brian was at the other end of the phone and he remembered my case every time, which shows a great personal touch. You wouldn’t get that with a large firm.Brian managed to resolve the case with reduced points and I am extremely grateful for his help as a totting up ban would have been catastrophic for me.He was brilliant during what has been a very stressful 8 months.read more
Nichola Jackson
Nichola Jackson
09:51 08 Aug 22
We would not hesitate in recommending Mr Koffman, he dealt with my husbands case very professionally and compassionately. WE cannot thank him enough.
chris rodgers
chris rodgers
07:59 21 Jul 22
I have recently used brain to represent me with a driving affence,With a very frustrating case and my case management hearing date changing dates a number of times to my actual trail date changing... dates a number of times, Brian was professional throughout and assured me throughout, it was clear from the start brains knowledge and professionalism was going to help me, after nearly three years of this case dragging out we finally got the trail date, and the outcome was outstanding, Brian is in the process of claiming some of my legal fees back which will also be a massive help for me, I couldent recommend Brian enough and would not hesitate to contact again if I needed to, thankyou brain.read more
Jamie White
Jamie White
14:57 15 Jul 22
Brian did a truly fantastic job here, listening closely and making detailed notes to my version of events, working tirelessly to find the best possible outcome and providing excellent advice and... support to both myself and my family over this particularly challenging and stressful time.Thank you Brian.read more
James Hurst
James Hurst
17:52 25 May 22
I approached Brian due to totting up points on my licence. Three more points could have resulted in me being disqualified from driving and as a Courier this would have cost me my Livelihood.Brian... decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.Thank you Brian.read more
eleanor perretta
eleanor perretta
15:48 23 May 22
I have just contacted Brian to get some advice regarding a motoring offence - as the website indicates they pride themselves on these cases.It was my first experience of having a penalty of this... nature and was looking to instruct a solicitor to gain some advice on the best steps.He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.Completely bizarre and rude, with him then hanging up on me.read more
Surojit Sen
Surojit Sen
18:53 31 Mar 22
I would like to say a big Thank to Mr Brian Koffman. I’m so pleased to say that he has dealt my case so well. I had no prior experience to attend the court in my life. He made me everything clear... about what I will be expecting on my hearing. He explained everything step by step which has definitely helped me a lot.He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.read more
Kell h
Kell h
19:53 24 Feb 22
Excellent solicitor very good at what he does. yes I would recommend, outstanding results in the court room very inpressed. thank you Brian.
Shohib Shah
Shohib Shah
13:01 17 Feb 22
Where do I start from I mean It was a fantastic experience, Mr koffmans level of service and professionalism is just at very high level and would recommend them to everyone and just can't thank him... enoughread more
Ahdil Hussain
Ahdil Hussain
02:39 10 Feb 22
EXCELLENT SERVICE you won’t be disappointed that’s all I can say …..
spencer orme
spencer orme
12:17 20 Dec 21
Brian was fantastic with his services, his professionalism, his extensive knowledge put me at ease. Everything he did was to the absolute best of his ability. I can’t thank him enough for... representing me in my caseread more
Tim Gill
Tim Gill
15:37 07 Dec 21
Very professional service with attention to detail. Highly recommended!
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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