How can presenting mitigation help my case?

Our solicitors look at how presenting mitigation can help your case. Mitigation is a good way of persuading the court to reduce the sentence you receive. It may be that you obtain the minimal amount that can be endorsed as opposed to the sentencing band you’ve fallen into or; the court could award a community service order and suspend your potential prison sentence.


When presenting mitigation its essential that there is a structure to it and that you are not simply presenting a list of reasons to the court. We would always advise instructing a solicitor if you are presenting mitigation; as we have a strong understanding of the sentencing guidelines and can tailor your mitigation to your case. There are a variety of circumstances that can make up your mitigation.

These can include but are not limited to:


Does your employment require to you to hold a full UK Driving Licence? It may even be that you can only employment only permits you to have a specific number of points on your licence. For example, we have a lot of HGV drivers who call us for help, as their employer only permits then to hold 6 points on their licence. As the majority of people rely on their employment to fund basic essentials such as rent, utility bills and food; losing your job can have a significant impact of your day to day life. As a result of this we would look at a number of aspects such as:

– Whether you have trained in a specific field that you would struggle to get work outside of.

– Whether driving is a fundamental element of your employment. E.g., taxi driver, food delivery driver, carer etc.

– Whether you have held this employment for a substantial period of time.

– How it would affect the business should you lose your position If you employer is aware of your motoring offence, we also recommend obtaining a supporting statement from them to present to the court. This statement will help reiterate the importance of you licence in respect of retaining your job. It can also mention your value as an employee and how the business may suffer as a result; for e.g. If the employer has paid for training to invest in you as an employee prior to the offence.

Medical Condition or Disability

If you suffer from a disability or medical condition this could contribute towards your mitigation. It’s helpful to consider factors such as:

– How regularly you need to attend doctors/ hospital appointments, physiotherapy, chemotherapy or anything of this nature; and if you need your licence to do so.

– If your car is a disability vehicle.

– If you are unable to take public transport as a result of your medical condition/disability.

– If you rely on your vehicle to travel small journeys as you are unable to so due to your medical condition / disability (for e.g., if you get breathless easily or struggle to walk/stand for even a short period of time)

– If you rely on your licence to carry out essential tasks such as a grocery shop It is always beneficial to your case if we can evidence your disability or heath condition to the court. This can be done by providing medical records or associated paperwork to the judge/s. Dependants Another aspect of your mitigation we think is really important to look at is, how if you use your vehicle to help/aid other people. This can range from being a full time carer to simply taking your children to school. Below are some examples that if relevant to your situation could be used as mitigation.

– If you give your partner/family member a lift to work and back.

– If you are the sole carer for someone and without your licence, you would no longer be able to provide them with care.

– If you provide someone with transport to a medical appointment.

– If you provide someone with transport to carry out daily tasks such as food shops. Circumstances It may also help your case to explain to the court the scenario that was surrounding the offence taking place. For e.g., it may be that earlier on that day something substantial took place, which caused your mind to be elsewhere. Whilst this won’t mean your case is dismissed, it may help persuade the judge/s to become more compassionate when considering your sentencing. It’s also helpful to demonstrate to the court your living circumstances. For e.g.

– Are you responsible for a mortgage?

– Are you the sole earner of the household?

– Do you have Children?

– Do your Children Live with you?

– Would you receiving a driving ban affect your family? How?

Of course, everyone situation is different and when we prepare mitigation for your case; we will discuss your circumstances at great length to ensure we have covered everything.

Contact us now. Solicitors On Your Side can offer you free advice and consultations.

Contact us today by phoning 0330 912 2124, emailing [email protected], or by using our website by filling out an online form.

If you would like to find out more about recent law changes and news, make sure to visit our Latest Articles page. Our latest articles also cover a range of other topics, such as; motoring offences, personal injury claims, medical negligence claims, occupier’s liability and more.

If you would like updates about our latest articles, follow us on InstagramFacebook and Twitter.

Latest Articles

Our 4 steps to success


Make an initial enquiry

Give us a call or request a call back. We'll listen to your case and provide no-obligation advice.


Your case is accepted

Should we advise your case is worth pursuing, and you choose our services, we will begin case preparation.


We'll work on your case

With your co-operation, we'll work on your case through to completion. You may be required to provide extra evidence.


Successful Outcome

As your Solicitors, we can ensure that your case has the best possible outcome given the circumstances around it.