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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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I have received a summons for using a hand held mobile. The

Customer Question

I have received a summons for using a hand held mobile. The summons is in my name but in the policeman's account he has identified me as Mr Morgan not Moran despite me giving him my licence. He also has described me as medium build,I wish I'm twenty stone. My jeans were black not blue and my boots were tan not black. I already have nine points on my licence , six due off next month and three more due off in Feburary, and cannot afford a ban.
William Moran
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.

We're you using the phone?
Customer: replied 3 years ago.
For Jo C. Yes I was spotted further back the road from the check point.
Expert:  Jo C. replied 3 years ago.
I am sorry but its bad news then.

You can put the crown to prove with these things but the points you are trying to raise are non issues.

The misspelling of your name is no bar to prosecution. They will just amend the charge. In relation to the summons, an error of this nature will not mean that the summons is defective. There is case law on what it takes to void these things and it literally has to be such that you cannot understand its for you. This is just a misspelling.

In relation to the description, ID is not really an issue here. You must have either identified yourself to the officer at scene or filled out a NIP anyway. In any event, these are not points that renders a description unreliable I'm afraid.

You should plead guilty as you will be convicted on these particular points.

You can always raise exceptional hardship if a ban causes a disproportionate impact.

I'm very sorry but I can not give you truthful information

Can I clarify anything for you?

Jo

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