The letter to the court

12.1What the letter is evidence of

The letter is evidence of remorse and insight under s 10(3)(a) and of the extenuating and other circumstances under (c) and (d). Its evidentiary weight is modest and its risk is real: a letter that minimises, that argues impairment, or that contains a version of events inconsistent with the agreed facts damages the subjective case and can be put to the offender if they give evidence.

12.2The insight the court is looking for

For a presence offence the relevant insight is specific: that the offence is complete on presence, that the offender's own assessment of fitness to drive was not the legal test, and that the drug's persistence in the body was the thing the offender failed to account for. A letter that says this, in the offender's own words, answers the question a Judge is most likely to put from the bench, which is "do you understand that it does not matter whether you felt affected".

12.3The licence paragraph

The final paragraph states what the licence is used for and what its loss would mean, in concrete terms and with cross-reference to the supporting evidence in the folder (employer's letter, medical letter, a map of the distance to public transport). It does not ask for a s 10 in terms; the submissions do that. It closes with a sentence accepting whatever the court decides.