Whenever an individual's character undergoes intense scrutiny within the courtroom, it is imperative to take every necessary step to ensure that the authentic version of oneself is accurately portrayed. This is where a character reference becomes essential and can significantly influence the outcome of your case.
This guide will delve into the essence of a character reference for driving and traffic offences, and provide the critical dos and don'ts of crafting a character reference that resonates with the court. Below we outline the key components of this guide:
Sample character reference for the court for driving & traffic offences
What to include & things to avoid saying in a character reference
Character reference Template & Sample for Driving and Traffic offences
Letterhead: i.e. CDE Pty Ltd
Date: _/_/_
To: Presiding Judge or Magistrate
(Name specific court you will be attending)
Introduction
Introduce yourself by stating your name, address, and profession. This establishes your identity and credibility. This information is crucial as it establishes who you are, your background, and potentially your standing in the community. This section is key for the court to gauge the reliability and relevance of your reference based on your own standing and credibility.
“My name is (insert name) residing at (address). I am a (profession, e.g. teacher, manager) at (specific company).....”
Clearly state how long and in what context you have known the person. This could be through work, community involvement, or personal relationship.
“I have known (defendant's name) for (number) years/months. Our acquaintance began during my time working for (specific company), in which I regularly interacted and gained a close friendship with..”
Acknowledge the driving charges without going into detail. Mention your perception of the person’s feelings about the charge. Instead, focus on your understanding of the person's emotional and psychological response to the charges.
Guilt, Understanding and Remorse:
“I understand that (the defendant) has to attend court about a (driving/traffic offence). He/she is very upset about the charge and I believe they are extremely sorry for the crime they have committed...”
“He/she has been under stress due to their (specific situation, e.g. mother's difficult battle with cancer’). Even though they have been charged with (specific charge, e.g. negligent driving) I would continue to trust (defendant) …”
This part of the letter provides context to the accused's situation, helping the court understand any external factors that may have influenced their behaviour. Describe any significant personal, financial, or emotional challenges they are facing, such as health issues in the family, financial strain, or other life stressors, which may have led to the driving or traffic offence.
However, it is important to note that the person writing this letter must make sure it does not seem as though they are creating excuses.
Guilt, Understranding and Remorse:
Share your honest opinion about the person’s character. Focus on positive traits and, if applicable, their usual behaviour compared to the nature of the charges. It's important to relate these traits to your personal experiences or observations to add authenticity to your statements. If the charges against the person seem out of character, state this and explain why.
“I can say throughout the years I have known (defendant) that her/his character has consistently displayed traits such as, having a strong work ethic, reliability and trustworthiness, and an overall respectful demeanour towards myself, their family and the community. I believe that any behaviour he/she displayed that caused he/she to be charged with (crime) was a one-off event…”
Prospects of Rehabilitation
Detail what actions, to the best of your awareness, he/she has taken in terms of treatment or programs aimed at addressing a contributing factor to the offence. This information is crucial to persuade the Judge or Magistrate that there is a low likelihood of future offences. Feel free to highlight any observed progress or share insights conveyed by him/her regarding the advancements made through these endeavours.
“(Defendant) has shared with me that he/she has actively engaged in a specialised program aimed at addressing concerns pertinent to personal well-being in the context of the driving charges levelled against them. From their account, these targeted sessions have yielded significant positive outcomes, and he/she is steadfast in their dedication to continue and complete the ongoing safe driving program….”
Conclusion
Conclude by offering to provide further information if the court would like you to provide evidence about the contents of this letter, and sign off respectfully.
“I am happy to discuss this reference and can be contacted on (include your phone number here).
Yours faithfully,
(Signature),
(your name).”
Remember, each part of the letter should provide a clear and concise view of your relationship with the person, your understanding of their situation, and your honest opinion of their character. This template serves as a guideline, feel free to adjust the content to suit the specific circumstances and your personal knowledge of the individual in question.
Who Can Write a Character Reference?
The following are individuals typically deemed appropriate for crafting a character reference in cases related to driving and traffic related offences:
Family friend
A family friend who is close with the defendant holds a unique perspective into their demeanour within familial and social circles. This source provides the court with valuable insights into the defendant's behaviour, attitudes, and relationships, presenting a comprehensive view of their character beyond the specific legal allegations.
Community member or volunteer
Those involved with the defendant in community initiatives or volunteering endeavours offer crucial observations beyond the legal context. This includes insights into the defendant's commitment to community welfare, their interactions with diverse groups, and the broader impact of their positive actions, presenting a holistic view of their character.
Employer
In cases involving driving and traffic charges, an employer's testimony tends to have particular significance. It can present the defendant's conduct within a professional setting, highlighting attributes such as emotional control, conflict resolution skills, and overall professionalism. Can also show how important it is to have a clean record within their company, and the sheer importance of being a safe driver as an important part of being part of an organisation.
This information becomes instrumental in demonstrating the defendant's capacity to manage stressors effectively and shows the effect that a loss of licence can have on a defendant's employment and the business they work for.
Professional colleague
For driving and traffic offences, references from a professional colleague serves as a valuable tool to showcase how the defendant applies responsibility and communicates within the professional sphere. It offers the court a comprehensive view of their conduct not only on the road but also in the broader context of their professional life, presenting a more holistic picture for consideration.
What to include in a Character Reference drug offence?
When drafting a character reference letter, it's crucial to provide a comprehensive and honest portrayal of the individual in question. This letter should reflect a formal tone while offering a sincere and personal perspective on the character of the person facing the driving and traffic charges. Here are key elements to include:
Introduction of Yourself: Start by introducing yourself, specifying your occupation, and mentioning any relevant qualifications. This establishes your credibility and the context of your perspective.o the court.
Acknowledgment of the Charges: While it's not necessary to have detailed knowledge of the legal specifics, acknowledging that you are aware of the driving charges and the individual’s court appearance lends authenticity to your reference.
First Offence or Repeat Incident: Specify whether the driving or traffic offence is the individual's first or part of a pattern. Highlight positive aspects of their character to balance the severity of the charges. If this is the defendant's first offence, make sure you emphasise this fact as being a first-timer can be a mitigating factor within the courtroom.
Impact of the Offences: Describe any hardships or consequences the person has already faced or will face due to the offences, like job loss or damage to reputation.
Positive Qualities and Contributions: Highlight the person's positive qualities, including any community involvement, voluntary work, achievements in their job, education, or sporting activities. This should paint a picture of their character and contributions to society
Addressing Uncharacteristic Behaviour and Showing Good Behaviour : Clearly state that the offence is inconsistent with the individual's usual conduct. Provide context, citing extenuating circumstances like mental health issues or external factors such as poverty, stress, or marital difficulties. Share your honest opinion of their character and reputation in the community. You provide additional context to show what factors might have differed during the specific incident in question
What to Exclude in a Character Reference for Driving and Traffic Offences
When drafting a character reference for an individual facing driving and traffic charges, it is imperative to exercise utmost caution and adhere to ethical guidelines. Here are key elements that should be excluded and the reasons behind it:
Do not Contradict facts of the Case: The reference should not include statements that contradict the known facts of the case or the offender's own admissions. Factual accuracy is paramount in a character reference. Including inaccurate or deceptive details not only undermines the credibility of the reference but can also potentially harm the defendant's case by casting doubt on the integrity of the information presented.
Do Not Suggest Penalties or Sentencing: It is not the role of the character reference to suggest what penalty the offender should receive. This decision is solely at the discretion of the magistrate or judge. Offering opinions on the appropriate penalty may be perceived as attempting to influence the court's decision, compromising the impartiality and objectivity necessary for a fair legal process.
Antagonising the Judge or Magistrate: Maintaining a respectful and professional tone is paramount. Antagonising the recipient of the reference, such as the Judge or Magistrate, undermines the purpose of the document and may adversely impact the court's perception of the defendant.
Refrain from Making Promises or Excuses: The reference should not include promises about the offender's future behaviour or make excuses for their past actions. It is important to remain factual and not speculate about future conduct.
Avoid Addressing the Court Directly: The writer should not address the court or introduce themselves in the reference as if they are speaking directly to the judge or magistrate. The reference is a document about the offender, not a personal communication to the court.
Avoid Unnecessary Personal Details: While it’s important to establish the nature of your relationship with the offender, avoid delving into unnecessary personal details. The focus should remain on the offender's character and actions, not on the personal life of the writer.
Need Character References for Different Offences?
Character references for court cases vary significantly depending on the nature of the offence. Each type of offence brings its own nuances and considerations that need to be addressed in the character reference.
Understanding these details is crucial for creating a reference that is both relevant and impactful for the specific case. You can find further Character Reference guides for other offences below:
How can Faraj Defence Lawyers Help?
Faraj Defence Lawyers is committed to providing valuable assistance in the creation of a compelling character reference for court, specifically tailored to address drink driving charges. Our experienced team understands the critical role this document plays in legal proceedings.
We offer personalised advice, while also recognizing the unique aspects of each individual case and ensuring the character reference is strategically crafted to make a positive impact during your court proceeding. If you have concerns or questions, our team is readily available to address them, guiding you through the process and instilling confidence in the content of your character reference.
In cases surrounding drink driving offences a character reference becomes more than just a legal formality - it becomes a lifeline for the accused. If you require assistance writing character references for the court, reach out to our team for a free initial consultation by calling us at (02) 8896 6034 or email us at af@farajdefencelawyers.com.au.
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