How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My son [24] is appearing at magistrates court charged failing

Customer Question

My son [24] is appearing at magistrates court charged 'failing to give information relating to the id of driver of a vehicle' having not changed the address on his licence. He is a student with debts and already has 4 speeding points on his licence. He uses his motor bike to get to uni.

He has mental health problems having previously been admitted to hospital for depression, this is causing him a lot of anxiety

What will the procedure be like and what's the likely outcome?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

Is he pleading guilty?

How did this come about?
Customer: replied 3 years ago.

He is pleading guilty. He was court in a speeding camera doing 36 in 30 limit. The speeding ticket was sent to an old address. The courts tracked him through me.

Expert:  Jo C. replied 3 years ago.
I presume he was the driver?

And he accepts speeding?
Customer: replied 3 years ago.

FOR JOMO1972


yes he was and does

Expert:  Jo C. replied 3 years ago.

It is probably worth attending court and offering a plea to speeding in exchange for dropping the failing to identify.

I used to run road traffic courts all the time and where that offer was made it was pretty rare that CPS press ahead with a failing to identify.

From his point of view the advantage is that he would only get 3 points instead of 6 and a much lower fine.

Obviously they might refuse but its an offer worth making. It is a defence to failing to identify to say that you didn't receive the NIP. He seems to be saying he did not. In fact, there is case law that says that if a person doesn't receive the NIP essentially because he didn't keep tabs on the post at the address the DVLA have for the vehicle then that is no defence but most grade one prosecutors would not want to argue that point.

Proceeding on the basis that negotiations fail though and he has to plead, he would get 6 points and a find in the low hundreds plus costs of £85 if this is a first appearance. Also, he will have to pay the victim surcharge of £15.

If he passed his test less than 2 years ago though then 6 points would mean he is subject to revocation I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972


Does the fact that the 3 points he already has on his licence were from a provisional licence make any difference to having his licence revoked ie he'll have just got 3 on his full licence if they give him 3 for this offence? Clutching at straws I know!

Expert:  Jo C. replied 3 years ago.
No, it won't.

To be revoked you have to get 6 points from the date of passing your test within the first 2 years of driving.
Customer: replied 3 years ago.

Thank you so much for your help.

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.
Customer: replied 3 years ago.

Hi,


Son appeared at Aldershot magistrates court yesterday, I was with him. Both very confused and dismayed by process, as neither have been in a court before. When he was asked how he peaded he explained that he was guilty of speeding but he had not received NIP as had not updated DVLA [explained he moved 4 months prior to speeding offence] They said 'ok so you are saying you are not guilty' They have set a trial date for April 30th. He wrote to the court yesterday [hard copy and email] explaining confusion at the situation..was he guilty with mitigating circs or not guilty as had not received NIP] Really unsure what we should do.

Expert:  Jo C. replied 3 years ago.
Its been adjourned off for a trial because he offered an account amounting to a defence.
He might succeed if he runs the defence.
Customer: replied 3 years ago.

Should I get someone to represent him at the trial?

Expert:  Jo C. replied 3 years ago.
Can he afford to pay privately?
Customer: replied 3 years ago.

He can't, he's at uni, but if it made a difference I would find the money. I'm not sure how much its likely to be. I've seen on line solicitors offering a fixed cost service. If he had no legal represtative, does the court provide it?

Expert:  Jo C. replied 3 years ago.
Not for failing to identify. You dont get legal aid for that.

You should really be looking for a fixed cost service though.

Representation can only help but there is expense in it. Overall he does have a defence.
Customer: replied 3 years ago.

Thanks I'll do some research. I am very grateful for your advice.

Expert:  Jo C. replied 3 years ago.
You don't need to spend hours on research. this is a simple factual dispute.

You will find a barrister under public access is much cheaper than a solicitor with conduct of the whole case.
Customer: replied 3 years ago.

Just spoken to a couple of motoring claims specialists, one fixed fee £600 +vat, one £700 +vat. Fixed fee, letters and appearance if it came to it, both said ,as you did , they would try to get the original charge instead of the failure to produce id charge. My experience of barristers[divorce] is that they are incredibly expensive!

Expert:  Jo C. replied 3 years ago.
A barrister under public access would do a plea and mitigation for a much cheaper sum than that.
Customer: replied 3 years ago.

I have now been advised that if the speeding offence was more than 6 months ago the CPS will not drop the failure to disclose charge in exchange for the speeding charge, do you know if this is the case?

Expert:  Jo C. replied 3 years ago.
No, they won't.

The failing to identify is subject to limitation of 6 months but it runs from the date of the failing to identify.
Customer: replied 3 years ago.

Ok, so he will have to accept the failure to identify charge, even though all this only came to light in September and he has been been cooperating since then. I paid a firm of solicitors 300 who said they'd write and pester the CPS and were confident they could get them to do it, they asked after the date of the offence till later. It sounds now as if he'll have to go back to court.

Expert:  Jo C. replied 3 years ago.


It is a defence to failing to identify to say that you didn't receive the NIP. He seems to be saying he did not. In fact, there is case law that says that if a person doesn't receive the NIP essentially because he didn't keep tabs on the post at the address the DVLA have for the vehicle then that is no defence but most grade one prosecutors would not want to argue that point.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice