Character Reference For Court Driving Offence

Your letter should reference the penalty notice number and include the date of the offence and any relevant or supporting evidence that may help you in disputing your penalty notice. Hi, I was charged with DUI med range, first offence. In June 2009 a former Victorian police officer, Stephanie Beattie, was found to have forged character references relied upon in a court case. The initial case related to two minor driving offenses to which she submitted four character references to the court. It is an offence of strict liability. Character references are letters from your friends, employers and family which are designed to be handed to the Magistrate in court. Persons related to you by blood or marriage cannot be used as primary character references. Careless driving is also known as driving without due care and attention or reckless driving. Ask them to help you get a copy of the documents that the prosecutor will use in court. Doogue O'Brien George - 03 9670 5111 Keywords: sample character reference for court employer, sample character reference for court driving, sample character reference for court dangerous driving Created Date: 10/3/2013 1:50:50 PM. The template will guide your referees through who the references need to be specifically addressed to, along with the key points which they need to cover. As stated above, a character reference is used as a tool to persuade the court of your circumstances and how they relate to the offence committed. The Human Rights Act guarantees a “right to a fair trial” and this is where much of the new power to motorists’ appealing sentences for driving offences comes from. Those applying for naturalisation need to be aware that any criminal convictions and tax issues can be taken into account when their applications are assessed. These references can assist the court in Western Australia to better understand the overall personality of the accused as well as the context surrounding the offence that was committed. How to prepare for court? Get character references. According to Armstrong Legal, a court character reference letter should include specific examples of the accused person's good character. It is an offence to name them or provide information likely to identify them. While the defendant provided evidence that he was extremely polite, this was contradicted by evidence of his involvement in other crimes. A former murder accused who pretended to be her own sister to avoid a driving charge has been banned from the roads. Effect of a pardon. Linda Wolf 2345 Wendy Road Laurel, VA, 22222. One person in the U. characterreferenceletters. Character Reference Letters and Letters of Recommendation help you in most cases if you have a DUI or other court case pending. Character Reference Letters and Their Influence at Sentencing. signed and dated. I have been advised to attend court and represent myself. People with other character issues must have the good character requirement waived before they can be granted a temporary visa. The letter should be as comprehensive as possible without disclosing irrelevant details. The letter is commonly provided in child custody and/or drunk driving (DUI) occurrences but may be used in any situation needed where the court should hear about the personality and reputation of the Defendant in order to have the case drawn in their favor. Penalties for drink driving offences. If you have been accused of drinking and driving (drunk driving), Don't risk a drink driving ban - Driving Solicitors can help. It carries2 years imprisonment if the matter is dealt with in the Local Court. July 22, 2016. Federal laws of canada. Find out about sentencing guidelines 3. This is a sample of a character reference for a RMS licence appeal. 5 things that you should do if you are charged with drink driving: 1. Do You Have Sample Letters For Character Reference To A Judge? Letter Writing. The letter is commonly provided in child custody and/or drunk driving (DUI) occurrences but may be used in any situation needed where the court should hear about the personality and reputation of the Defendant in order to have. The hearing will normally take place just a few days after the offence so you need to use the time available to prepare properly. Subject: Character reference letter. If you have been accused of drinking and driving (drunk driving), Don't risk a drink driving ban - Driving Solicitors can help. A conviction for this offence carries a maximum penalty of a $220,000 fine and/or 15 year’s imprisonment. Local Court (Criminal Procedure) Act 1928 (NT) from an order or adjudication of the Local Court involving sentence. (5) A reference in this section to a prison sentence means, in the case of an aggregate sentence of imprisonment (within the meaning of the Crimes (Sentencing Procedure) Act 1999) imposed in respect of more than 1 offence, each prison sentence that would have been imposed for each offence had separate sentences been imposed instead of an. I am most pleased to write a character reference for [name of person in jail], my cousin. Should I have my character references ready for the first court date anyway or I only need these at my final court date. They will check whether the reference can be helpful to the case and whether it is necessary for the type of offending involved. Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. If you know you have criminal cases in more than one Minnesota Follow these STEPS. Get expert advice from Quinn & Scattini Lawyers' Traffic Law Team. If you have a 10-year clear Australian driving record, your clear record can be taken into consideration when determining the outcome of your dispute. If you are convicted of repeat or more serious drink driving offences the Court will make a mandatory interlock order against you. The representative for the prosecution (you or a lawyer) will speak first. When writing a character reference letter for court, address it correctly. The defendant committed crimes as a juvenile, and had been in and out of prison for felony convictions since that time. character reference examples for court financial letter | character reference for court drink driving offence sample with character reference for court assault sample plus character references for court qld together 728x1049 source: calimadufaux. A driving offence occurs when someone driving a vehicle, or someone in a vehicle, breaks a law. They will check whether the reference can be helpful to the case and whether it is necessary for the type of offending involved. If the writer of a character reference letter truly believes that the accused isn’t guilty, he or she should mention that the offense the accused is facing is out of character. Yes, drink driving is considered a serious offence in the ACT and is treated seriously in Court. Disqualification from driving: For driving offences, disqualification from driving is considered a severe penalty. The law in Queensland states that a person in charge of a motor vehicle who has a blood alcohol concentration ("BAC") level in excess of the prescribed limit, or who is adversely affected by alcohol, commits a drink driving offence. What sort of things should i put in there? And only sensible answers please. 12 of the Madras Gaming Act held that the offence is not cognizable in character as the said Act did not confer unrestricted power of arrest without a warrant in a police officer, but only a limited power to. I am undertaking the Traffic Offenders Program which won't be finished by the time of my first court date, so I will ask the judge for an adjournment. Why is a character reference important? The magistrate or judge will read the character reference before deciding what penalty to give. It is all about using the character reference to explain to the Judge who you really are rather than them just judging you for your offences. An employment or other similar reference will not be considered by a Court. Get expert advice from Quinn & Scattini Lawyers' Traffic Law Team. Character testimonials or references are very important if you have to attend the Local Court. A Good Character Reference Letter for your Driving Case can significantly improve your court result to avoid a criminal record, and in cases, avoid prison. View the sample character reference letter here. A character reference helps to show the court that people in your daily life think highly of you and that you are a person of good character. If you have been accused of drinking and driving (drunk driving), Don’t risk a drink driving ban – Driving Solicitors can help. A number of offences in the ACT fall under the umbrella of drink and drug driving. Stress the regret part in your letter and. They should be signed and dated, and originals should be brought to court. Every attempt to gain employment has been thwarted by criminal background checks by potential employers. Usually it is imposed only where the legislation governing the offence expressly requires it or where the Court finds that the offender. Include the length of time you have known the child. We believe that a court character reference must paint a picture of your character. For more information on sentences imposed for drink driving related offences please see the magistrates court sentencing guidelines. People with other character issues must have the good character requirement waived before they can be granted a temporary visa. These references can assist the court in Western Australia to better understand the overall personality of the accused as well as the context surrounding the offence that was committed. Yes, drink driving is considered a serious offence in the ACT and is treated seriously in Court. Go to court and plead guilty and offer mitigation in hopes of a conviction for a lesser offense or a referral to driving school for a reduction or dismissal. Below is an example of what could be included in a reference to bring your character to life:. Good character for residence visas To apply for a resident or permanent resident visa, you must be of good character. How do you write a character reference for a scottish court - Answered by a verified Lawyer We use cookies to give you the best possible experience on our website. The defendant committed crimes as a juvenile, and had been in and out of prison for felony convictions since that time. Opinion of Character …the effect that the offence of the offense will have upon the person (it is extremely important not to shift blame for the offence being committed however it is relevant for the Court to be aware of such circumstances, for example, in drink driving cases to confirm to the Court the outcome of a loss of licence). Linda Wolf 2345 Wendy Road Laurel, VA, 22222. These days, there are numerous charges and offences that can lead to a loss of a licence. Character Reference Guide for Drink Driving Cases Being able to demonstrate that you are of good character can be a distinct advantage when it comes to your drink driving case. The character reference for court is to provide the Judge a family member, friend, or co-worker with a written statement on the Defendant’s moral or mental qualities. A character reference is often most effective for those who are pleading guilty to fairly minor drug offences, and do not have any (or any significant) previous criminal convictions. Do You Have Sample Letters For Character Reference To A Judge? Letter Writing. The BIA concluded that the state court’s nunc pro tunc sentence modification had no impact on calculating the 180-day period of confinement for the good-moral-character provision in § 1101(f)(7) because petitioner “had actually already served a period of confinement in excess of 180 days as a result of a lawful. It is an offence of strict liability. However, letters of recommendation may be substituted if they contain the full name, address, and telephone number of the reference, indicate a knowledge of the offense for which you seek pardon, and bear a notarized signature. The reason I am writing this letter is that I feel strongly about his character and can't believe that he can commit a crime of drunken driving. § 243(e), spousal battery. The initial case related to two minor driving offenses to which she submitted four character references to the court. Doogue O'Brien George - 03 9670 5111 Keywords: sample character reference for court employer, sample character reference for court driving, sample character reference for court dangerous driving Created Date: 10/3/2013 1:50:50 PM. Section 21A (3) of the Crimes (Sentencing Procedure) Act 1999 outlines what are known as ‘mitigating factors’, which is information that can lead to a more lenient penalty being imposed. We also look at which charges and situations you definitively need a lawyer for a certain charges and situations where offenders successfully. One of the practices highlighted has been police advising people charged with drug possession to complete the yellow Written Notice of Pleading and send it to the court. your general honesty if it is a stealing charge; your general driving ability if it is a drink driving charge. Please do let me know if there any amendment of mistake that i need to correct. Reckless driving; general rule 46. The reference should be: preferably one page but no more than two. Drink Driving Lawyer NSW v DUI Self Representation: In this "NSW DUI Court Bible" article we explore the benefits getting a drink driving lawyer compared to representing yourself on a DUI charge. A conviction for this offence carries a maximum penalty of a $220,000 fine and/or 15 year’s imprisonment. The magistrate or judge will read the character reference before deciding what penalty to give. Defendants’ Costs Orders. Drunk driving is a serious, life-threatening activity that carries serious legal consequences. Effective character references in the ACT will allow the court to understand who you are as a person outside of the crime committed. It explains the filing process as. Speak to a lawyer before going to court It is. In a fraudulent attempt to get the court to grant his peition, Stan visits a psychologist and manipulates him into writing this document which. As well as the possibility of losing your licence, you can get a criminal record and serious penalties, so get legal advice soon as possible. One of the key requirements for a person to become an Australian citizen by conferral is that they are a person of good character (section 21(2)(h), Citizenship Act 2007. Buy Blackstone's Criminal Practice 2020 (Book, 3 Supplements & eBook Pack), edited by David Ormerod, David Perry, HHJ Peter Murphy, et al, ISBN 9780198849254, published by Oxford University Press from www. The reason for this is that we may ask for references that are dealing with a particular issue (eg the fact that you stopped driving after the accident). It should include: How long the person has known you and in what capacity. If the offender is a sole income provider in a household, express this. Character reference letter for court A character reference letter for court is used in court proceedings to portray the positive aspects of a person, who is charged with an offence. Employment. The reference should be addressed to “The Presiding Magistrate” if the court is a Local Court or “The Presiding Judge” if the court is a District or Supreme Court. 3 and 4 of the Criminal Records Act after 5 years for summary conviction offences and 10 years for all other offences. The BIA concluded that the state court’s nunc pro tunc sentence modification had no impact on calculating the 180-day period of confinement for the good-moral-character provision in § 1101(f)(7) because petitioner “had actually already served a period of confinement in excess of 180 days as a result of a lawful. I am corresponding in reference to (son's name), who is appearing before your court due to (reason for court appearance). If the alcohol level is shown to be over the legal amount then the Garda will either issue a fixed penalty notice or summons you to appear in the District Court to answer the charge of drink driving. It is against the Arkansas drunk driving law and if convicted can have tough punishments. Show the court that you are serious in your apology by researching the consequences of drinking and driving and explain to the judge what you learned. HCD Law specialises in advising and representing people in criiminal matters. I have known him since we were kids. Providing your lawyer and the court with evidence of your otherwise good character can be crucial in criminal law sentencing proceedings. An example character letter DUI reference should be written with extreme care. Hand it to the accused or to the lawyer representing the accused. For a court reference, it is not sufficient to just write 'To Whom It May Concern, X is a person of good character'. You run the risk of increasing a suspension or fine. Traffic Law. Reference for "Joe Citizen". Sample 1 – Character Reference Letter For Court DUI. Do you have a defence 4. appear before the court when required to do so by the court; and; notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. Revised 4/8/2019 In determining whether the applicant is competent to operate a motor vehicle safely and in accordance with law, the. The maximum penalties for a first-time offence are: A maximum fine of $1,100; and; Six months disqualification from driving. This means your licence will be disqualified for 5 years—unless you complete: a shorter period of disqualification (between 1 - 12 months), and then time in the interlock program (usually 1 - 4 years). Character Reference Letter Template For Court The importance of the services supplied by criminal defense attorneys is extremely well-known to people who are already dragged in to the court of law and accused of committing crimes. However, a person is also intoxicated if impaired due to alcohol or other drugs regardless of BAC. We believe that a Court character reference must. Courts see character references in a large proportion of matters. Character reference letter for court A character reference letter for court is used in court proceedings to portray the positive aspects of a person, who is charged with an offence. Please don't waste your (and the court's) time and your money if you are going to appeal with a driving history riddled with repeat or ridiculously bad (45km/h+, dangerous driving, etc. Character Reference Letter for Court A character reference letter for court is a type of a letter which is used to give a positive reference or recommendation about a person’s character to a court. Hi Guru s, Today 07 05 2013 , I went to apply for Naturalisation at NCS and all went well until the officer noticed I have declared Speeding Conviction - SP 50 from the Court which resulted in £180 fine and 4 penalty points in my application form. The salutation (normally Dear Sir / Dear Madam) should be "Your Honour". This may prove helpful, especially in cases where the accused is a first time offender. Character reference letter for court template is an effective piece of character reference letter that can be used well for legal purposes wherein you'd like to defend someone whom you think is falsely accused. Things that one ought to know about a personal reference letter; The most appropriate time for writing a personal reference letter is when the character rather the professional skills of an individual are being sort for. Whilst their drug use was limited to cannabis, tragically, for Joe, it provided a gateway to Ice. Most Court character references make statements like this "James Brown is hardworking, energetic and generous with his time and money". Every defendant has an opportunity to submit character reference letters that may make an impression on the judge. That they know you have been charged with an offence and state the offence. Alternatively, if the court decides to disqualify the defendant, the solicitor will try to persuade the court to impose a period of disqualification as short as possible for the particular offence - taking account of all mitigating factors presented to the court. I have known Anna for 7 years as a colleague and a very good friend. The BIA concluded that the state court’s nunc pro tunc sentence modification had no impact on calculating the 180-day period of confinement for the good-moral-character provision in § 1101(f)(7) because petitioner “had actually already served a period of confinement in excess of 180 days as a result of a lawful. And you would state that you will stand by the good character of the accused. You can't be granted a visa if you: have ever been convicted of an offence for which you were sentenced to a term of imprisonment of 5 years or more. Andrew Thompson. For more information on sentences imposed for drink driving related offences please see the magistrates court sentencing guidelines. How to Write a DUI Character Reference for Court - When it comes to attending court on a drink-driving matter it is often common practice to tender a well written character reference to show the Court what other people think of defendant. Codes for Driving Offences in Ireland and the Isle of Man. Now, for the lead up to court. Unlike professional references , the person writing the reference is not an employer. A character reference is a letter written to the court from a friend, relative, employer, colleague, community leader or similar person. If someone you know has broken the law and is required to attend court, you may be asked to write a character reference. dies every 50 minutes in drunk-driving. Have you been charged with an offence? a guide to appearing in the Magistrates Court Self-represented appeals—a guide to appealing a conviction and/or sentence Bail by mail—a guide for bail or varying bail if you have been charged with a crime in Queensland. Character Reference Letters and Letters of Recommendation help you in most cases if you have a DUI or other court case pending. For a first offence of driving while suspended or disqualified the maximum penalty is 6 months imprisonment. Writing a Character Reference for Court October 19, 2014 by Eva De'Athe When appearing before the Court in a criminal law matter, presenting a well-written character reference can help the Court understand your unique situation and the context in which you committed the offences. Official Letterhead If Possible. When it comes to legal matters, such letters are usually used to portray the positive side of a person, who is charged with an offense. I have known Anna for 7 years as a colleague and a very good friend. If you are pleading guilty or are found guilty of a criminal offence in Canada, your lawyer may ask you to obtain 5 or 6 character reference letters for use on sentencing from people who know your general character and reputation in the community. *** A 25-year-old man who told his teenage victim “he was too pretty to go to prison” in an attempt to keep her from disclosing his offending against her has been convicted of grooming. Therefore, it is essential that the referee who writes the reference knows enough about you and the trouble you are facing to write an accurate and detailed description of your character. Question: I have been charged with dangerous driving, will my case be dealt with in the magistrates court? Emma Says: Most road traffic offences are summary only offences, this means that they can only be dealt with in the magistrates court and the prosecution need to lay an information for the proceedings to be issued or charge you within six months of the date of the offence. Simply fill in the bold fields with your relevant information and you’ll have a perfect character reference letter ready to go. You may also see character witness letters. BON/BRN Letter of Explanation for DUI or Conviction. Section 21A (3) of the Crimes (Sentencing Procedure) Act 1999 outlines what are known as ‘mitigating factors’, which is information that can lead to a more lenient penalty being imposed. Official Letterhead If Possible. characterreferenceletters. To be convicted of this charge the prosecution will need to prove beyond reasonable doubt that you knowingly took part in the supply of a prohibited drug. Driving Offences The offences of driving while disqualified, cancelled or suspended are treated very seriously by the Canberra Magistrates Court. Alternatively, if the court decides to disqualify the defendant, the solicitor will try to persuade the court to impose a period of disqualification as short as possible for the particular offence - taking account of all mitigating factors presented to the court. When a person drives after the influence of drugs or alcohol, it is called DWI or driving while intoxicated. The character reference for Court should be addressed "To the Sentencing Magistrate" or "To the Sentencing Judge" Who the character reference is addressed. Such letters are very important and must be written formally and very carefully. Driving offences and crime. But just because you had a previous run-in with the law, it does not mean you cannot still benefit from character references, especially if the previous offences. Thank you for allowing me to provide you with a character reference letter. Judges are free to consider almost any circumstance that justifies a lesser punishment, from lack of a prior criminal record to a recent bereavement that put you under emotional stress. You are going to give them a broader, more rounded view of this same person. Drink driving is a criminal offence and the penalties for drink driving and related offences in the UK are severe. These are a dime-a-dozen in drunk driving cases. Thinking through an effective sentencing strategy includes thoughts about the character reference letters. For example: "Alex told me this court appearance is related to a charge for mid-range drink driving, and spitting at a police officer. They should be written after you have properly instructed your traffic lawyers. Although the character reference for court is addressed to the Magistrate or Judge, it should not to be sent directly to the court. Personal Character Reference   Most people who have to go to Court on a drink driving offence will not have any problems in obtaining a character reference from a family member or close friend who is close to them. The court must consider the following matters when deciding whether to grant a section 10: (a) the person’s character, antecedents (ie history), age, health and mental condition, (b) the trivial nature of the offence, (c) the extenuating circumstances in which the offence was committed, and (d) any other matter that the court thinks proper to consider. Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. Read this article from Lawlink. If you are planning to plead guilty, having up to three character references for the magistrate can result in them taking a more lenient view of your circumstances. 1 - VSCA overview - dangerous driving causing death sentenced as the principal offence. characterreferenceletters. " The reference should be typed. Write it down before court. A character reference letter for court is usually used to portray the positive side of the character of a person involved in a court case, thereby expecting a favorable sentence or decree. signed and dated. If you have never written a character reference letter before, it might sound like a challenge. When a person appears before a judge or in court, the court only knows him in relationship to his offense. I have known him since we were kids. The Court agreed with the trail court that good character was not proven in this case. Be aware that there may be a queue to see the duty lawyer, and they will only be able to see you for a relatively short time. The ‘reasonable conclusion’ mentioned in Old Chief is brought into startling relief here: when faced with appellant's apparently unflagging character as a drunk driver, the jury may have convicted him because he was a ‘bad man,’ not because it believed him to be guilty of the instant offense. (2) If a person is convicted of an offence under a prescribed enactment, the court may order that the defendant is liable, after review and the filing of a certificate under this section, for the costs of the investigation into the offence. I am prepared to acknowledge the possibility that there may be cases where the offending is technical (rather than trivial), there being no real risk of damage or injury arising from the driving, so that the highly. Obtaining such reference letters is a good reason for an adjournment. sample character reference letter for court sample resignation letter 2 weeks notice texting and driving essay nature vs nurture essay common app essay prompts Argumentative Essay Sample. Give this template to anyone who you feel the Magistrate would like to hear from. A character reference is a letter that expresses your opinion of this person. Drink Driving Lawyer NSW v DUI Self Representation: In this "NSW DUI Court Bible" article we explore the benefits getting a drink driving lawyer compared to representing yourself on a DUI charge. The offence of "over 80" prohibits the operation or care and control of a vehicle while the person's blood alcohol concentration (BAC) is over 80mg per 100ml of blood. Under these circumstances, the court concluded that evidence of the defendant's knowledge of this past acts and his disregard of the danger in the face of that knowledge was admissible and probative in the case at bar. Character references assist the court in understanding who you are on a personal level. Austen, I am writing this letter to refer Owen Stiller who is appearing before your court as has been accused of drunken driving. Impaired Driving and Breathalyzer Law The government is on a laudable mission to contain one of the most prevalent and harmful crimes , impaired driving - impaired by drug or alcohol. Writing an effective character reference is easy when you follow these rules. You have been charged with a category 2 or 3 offence and a High Court has made an order that you be tried in the High Court. Since the authorities regard drink and drug driving as a serious offence that often carries severe penalties, you should always consult a lawyer if you are accused of a drink or drug driving offence. You may also see character witness letters. A character reference is a letter that is written about the defendant by someone who knows them well (a referee). How do you write a character reference for a scottish court - Answered by a verified Lawyer We use cookies to give you the best possible experience on our website. The goal is always to present to the court the genuine character of the accused, and to avoid any aggravating circumstances. While writing a letter to the court may soften the consequences for the offender, it does not lessen the seriousness of the offense. These days, there are numerous charges and offences that can lead to a loss of a licence. Disqualification from driving: For driving offences, disqualification from driving is considered a severe penalty. Character testimonials or references are very important if you have to attend the Local Court. This is because it is important that the referee say that they are aware of the offence, but are still happy to describe you as someone of 'good character'. If, by reference to public interest, it was meant that the requirements of public interest for certain types of offences is a factor to be considered in determining whether absolute liability offends the principles of fundamental justice, then I would respectfully disagree; if the public interest is there referred to by the Court as a possible. These are a dime-a-dozen in drunk driving cases. Careless driving is also known as driving without due care and attention or reckless driving. The maximum penalties for a first-time offence are: A maximum fine of $1,100; and; Six months disqualification from driving. The character reference needs to address the issues the Defendant's lawyer is trying to emphasise, for example a good work history, the need for a driving licence, the positive changes in a person's life since they got in trouble and so forth. Yes, drink driving is considered a serious offence in the ACT and is treated seriously in Court. A character reference is a letter that expresses your opinion of this person. Acknowledgement of Offence A character reference must acknowledge that the person is aware of the offence and the circumstances in which it was committed. You are going to give them a broader, more rounded view of this same person. However, letters of recommendation may be substituted if they contain the full name, address, and telephone number of the reference, indicate a knowledge of the offense for which you seek pardon, and bear a notarized signature. Obviously i can't say too much but he has been accused of something appalling and my dm is in no doubt of his innocence so wants to write a good reference. 1 - General 21 - Parties to Offences 25 - Protection of Persons Administering and Enforcing the Law. But even low range drink driving can have an impact in your life. What are the benefits of character references for court? When should I use a character reference for court? A character reference is usually used in sentencing proceedings, where an accused person has pleaded guilty, or found guilty by a Magistrate or a Judge. Character references show the court that people in your daily life think highly of you, even though you have broken the law. An OWI or operating under the influence of drugs or alcohol, known as ‘drunk driving’ in most cases, is the more serious offense of the two. dealt with by the court only, and minor offences which carry fines and demerit points. If the writer of a character reference letter truly believes that the accused isn't guilty, he or she should mention that the offense the accused is facing is out of character. TZIPORAH Malkah has been fined for driving erratically and coughing up the cash won’t be easy as it was revealed in court that the former model lives on just $200 a fortnight. A character reference is a letter written to the court from a friend, relative, employer, colleague, community leader or similar person. Criminal Code. uk editorial team to Criminal Justice Act 2003. You have been asked to write a character reference for someone going to court because this person has broken the law. " The salutation (where you would normally put Dear Sir / Dear Madam) should be "Your Honour. This evidence assists the Court in determining the appropriate penalty. While in certain circumstances those individuals can also be issued a Deportation Liability Notice, for relatively "standard" offences such as driving with excess breath of blood alcohol, Immigration will typically deal with the character issue in the next temporary visa extension request. What sort of things should i put in there? And only sensible answers please. You can also go to prison for some driving offences. A sentencing hearing will usually follow the procedure below: The justice's legal advisor/clerk of the court will inform the court of the charge and the guilty plea or verdict. Drink driving is a criminal offence and the penalties for drink driving and related offences in the UK are severe. Now, for the lead up to court. If you're not asked for a reference letter, you might consider offering one anyway. Offence Codes: DR10, DR20, DR30, DR40, DR50, DR60, DR70. While writing character reference letter is a big responsibility, there's no need to worry. The reference should be on official letterhead, if possible. These are a dime-a-dozen in drunk driving cases. Most of the successful defences to motoring charges are based on points of law or procedure rather than the actual evidence. "Joe Citizen" is appearing before the Magistrate's Court in Southport on drugs charges. Linda Wolf 2345 Wendy Road Laurel, VA, 22222. The court will also assume that the writer's opinion of the accused's character might be different if the writer knew about the conviction. Although the character reference for court is addressed to the Magistrate or Judge, it should not to be sent directly to the court. A character reference letter is usually written by someone for you whom you know apart from the work environment. It is very useful to land the jobs. Sections 3-5-303, 3-10-115, MCA; Stanley v. Prepare for the. Hand it to the accused or to the lawyer representing the accused. The offence of "over 80" prohibits the operation or care and control of a vehicle while the person's blood alcohol concentration (BAC) is over 80mg per 100ml of blood. Fortunately, most of those offences occurred decades ago and as such we could make submissions to the court that little weight should be placed on them. Character Reference Letter for Court A character reference letter for court is a type of a letter which is used to give a positive reference or recommendation about a person’s character to a court. Prepare for the. Also express the potential or current effect financially or otherwise on the offender’s ability to discharge those responsibilities. As stated above, a character reference is used as a tool to persuade the court of your circumstances and how they relate to the offence committed. See a Sample Character Reference Letter for your Driving Offence here. 30pm near Warwick Road on August 31. You see, Prosecutors like to have documentary evidence justifying a reduction or dismissal in case the District Attorney reviews the file of they are called out on the case at a future date. It shows the court that you have good qualities, are not likely to offend again if given a second chance and that a more lenient penalty (sentence) may be appropriate. How the character reference should be set out 1. Share positive character traits about the child and any anecdotes that demonstrate who the child is as a person. The reference should be addressed to "The Presiding Magistrate" if the court is a Local Court or "The Presiding Judge" if the court is a District or Supreme Court. If you have been asked to provide a written character reference for a defendant, there are some important things you need to know about writing a good reference. Police stopped him near the freeway overpass in Clarkson. However, letters of recommendation may be substituted if they contain the full name, address, and telephone number of the reference, indicate a knowledge of the offense for which you seek pardon, and bear a notarized signature. Criminal Code. Welcome to the Ministry of Justice. This will be in addition to any driving disqualification imposed. Reckless driving; general rule 46. The template will guide your referees through who the references need to be specifically addressed to, along with the key points which they need to cover. It should also be typed on official letterhead if possible, stating how long the writer has known the accused, indicating that the writer is aware of what the charges are and noting if the writer knows that the accused has suffered any remorse or anxiety. An additional charge would have been more aggravating to your overall penalty however a crash can also be considered as an aggravated factor. I am prepared to acknowledge the possibility that there may be cases where the offending is technical (rather than trivial), there being no real risk of damage or injury arising from the driving, so that the highly. The reason I am writing this letter is that I feel strongly about his character and can't believe that he can commit a crime of drunken driving. This section has information to help you find out: what to do if you are charged with a traffic offence in the Magistrates Court; what offences involve driving after consuming alcohol or illegal drugs. Drunk driving is a serious, life-threatening activity that carries serious legal consequences. Writing an apology letter to the court for your drink driving offence is one of these steps. Careless driving is also known as driving without due care and attention or reckless driving. Last updated: 16/07/2019. Character references show the court that people in your daily life think highly of you, even though you have broken the law. 5 things that you should do if you are charged with drink driving: 1. Although the character reference for court is addressed to the Magistrate or Judge, it should not to be sent directly to the court. Sample character reference for court provided by an employer for someone accused of a driving offence. This applies regardless of whether you have committed a serious assault crime, or a simple traffic/drink driving offence. Magistrates' Court of Victoria GEELONG Your Honour, RE: CHARACTER REFERENCE FOR WENDY GROVES I understand that Wendy Groves is appearing before the Court in relation to a charge of Possess Amphetamine and I seek to provide a character reference on her behalf. A character reference is a letter written to the court from a friend, relative, employer, colleague, community leader or similar person. This evidence assists the Court in determining the appropriate penalty. Personal Character Reference   Most people who have to go to Court on a drink driving offence will not have any problems in obtaining a character reference from a family member or close friend who is close to them. Good Character Reference Sample for Driving Offences. For further advice, book your Free 1st Consult with a Drug Lawyer on 02 9261 8883. For some offences, the court must disqualify your licence for a minimum period.