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: 69367
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have received a new date for a hearing to do with failing

Customer Question

I have received a new date for a hearing to do with failing to give information realting to the identification of the driver of the vehicle. I was the driver but i never recieved a copy of the form for me to disclose my identification. I filled out a form pleading guilty and my reasons for not responding so it will be dealt with in my absence. I have just received a letter from the court with an adjourned date. The court says it cannot accept my plea of guilty in view of what I said about the offence. My block has two flats numbered the same, flat 3 of which mine is 3a and the other is just 3. My letters get missed alot as the postman gets confused with the flat numbers and this may be the reason why I may have not received the letter form the met police. This is the reasons I wrote down.

I cannot attend the adjourned date off the 11th of July due to work commitments, what do I do and what could be the outcome?

Charles
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What was the offence?
Customer: replied 3 years ago.
The original offence was for speeding, but the court summons was for failing to disclose the identification of the driver following the offence.
Customer: replied 3 years ago.
I am still waiting on an answer please....
Expert:  Jo C. replied 3 years ago.
Thanks

Why was this adjourned previously?
Customer: replied 3 years ago.
It was adjourned because the court said it cannot accept my plea of guilty in view of what I said about the offence.

What I said about the offence was that I never received a letter from the met police to identify myself as the driver of the vehicle. I accept I was the driver if the vehicle but I did not receive a letter to confirm so. My address gets confused with another in the same block and this I explained could be the reason.
Expert:  Jo C. replied 3 years ago.
Thanks

I need 10-15 mins to type out an answer if thats ok?
Customer: replied 3 years ago.
That's fine, thanks
Expert:  Jo C. replied 3 years ago.

Thanks for the information and for the time. The ipad is slow.

There are two issues here. The first is the date of court. You can ask the list office to change the date administratively. Sometimes they are helpful and sometimes not. Generally speaking, work commitments are not considered. Ore important than court commitments unfortunately.

The second is the substantive issue. You do have a very good defence to failing to identify. If you didn't get a S172 form then you cannot identify the driver. You will have to explain why you may not have got the s172 request but I used to prosecute traffic courts all the time and where somebody has a front door in multiple use its pretty much game over for the crown.

If you offer a plea to speeding on exchange for discontinuing the failing to identify then probably the crown will accept that. You will have to offer that plea on the day. Its rare that cps would press on if that offer were in the table.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.
FOR JOMO1972 Many Thanks for your invaluable help. Apart from the work commitments, I am a bit apprehensive about attending court! What is the worst decision that I could get from the court for failing to identify driver and for the speeding?

Charles
Expert:  Jo C. replied 3 years ago.
They will not convict you of both. You will be charged in the alternative. They have no evidence that you were driving at the moment and no power to make you disclose now.

The failing to identify carries the highest penalty of 6 points and a fine. Also there will be court costs of around £600 if you have a contested trial and the surcharge of about £25-35.
Customer: replied 3 years ago.
FOR JOMO1972 Many Thanks again. Will the courts decision be worse if I was not able to get time of work and attend? What If I was to write to them explaining why I could not attend and also re-iterating my case regarding my home address, will this have a negative bearing on my case?

Or will you advice that all costs I attend the court hearing?

Charles
Expert:  Jo C. replied 3 years ago.
If you don't attend then they will just try you in absence and convict.

The costs will be about £600 for a contested trial although it might be slightly lower than that for a road traffic hearing.

If you can get them to agree to adjourn then that would be great. If you can't though then if you want to win this you should attend to offer your defence.

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