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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My car was caught speeding in December and I was sent a letter.

Customer Question

My car was caught speeding in December and I was sent a letter. It was on a day I never drive my paryner soes so she we said she was driving as that was what she believed. She has booked onto a speed awareness course coming up. I have gone to sell my car and in sorting through the paper work realised yhe car broke down that day and I drove and she followed behind just in case. Neither of us knew at the time but we are scared of the repercussions of what could now happen seeing as we both said she.qs driving. However she hasn't yet done the course. What could happend and what can we do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this. Is she aware that this is what happened and that she may have made a false declaration?
Customer: replied 3 years ago.

We both honestly thought that she was driving she drives every saturday and this Saturday my car broke down and she followed me in case it happened again. But she is now aware that she wasn't as wheb selling the car we saw on the service records the dates


 

Expert:  Jo C. replied 3 years ago.
Ok.

But the nip would have been within 2 weeks of the incident? I'm just trying to gauge how likely it is they will act
Customer: replied 3 years ago.

FOR JOMO1972 no

points have been given to her she is booked for an awareness course which isn't for another 4 weeks so is it to late to act before then? We want ti be honest about what has happened as its a genuine mistake but obviously worry about any repercussions either way now. Whats best to do?

Expert:  Jo C. replied 3 years ago.
The truth is that there are risks whatever you do at this stage.

In relation to speeding, the caselaw hasn't particularly gone in the Crown's favour and they can very childish over things like that. Some prosecutors get far too used to getting their own way.

A false declaration upon a S172 form is not necessarily perverting the course of justice. Perverting is only made out if they can show that you did it intending to pervert the course of justice. Honest mistake is a defence.

On the down side here, honest mistake is always more believable if the mistake is a reasonable one. I can immediately see that they may try to argue that the NIP would have gone out only 14 days after the incident and so they will argue that you should have been able to remember that particular Saturday. Thats obviously the strength of the prosecution case.

That said though, if you call them and tell the truth now it becomes quite hard to argue that you were acting dishonestly. I have done some of these perverting prosecutions and where people bring a mistake to the intention of the Crown themselves for no other apparent reason than they have noticed it then the Crown might as well throw their hand in. Its much the same with benefit fraud. If a non entitled person reports the non entitlement it gets hard to argue they were acting dishonestly.

Obviously I cannot guarantee that they would not prosecute but it isn't likely that there would be a conviction if they did. Sometimes they will prosecute weak cases but they really shouldn't do so.

Overall the chances of being prosecuted are fairly low if you tell them the truth.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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