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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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my friend was in my car when we were pulled over by mounted

Customer Question

my friend was in my car when we were pulled over by mounted police as he didnt have his seat belt on. the slip he was issued with doent have the correct address were the incident happened can he contest??
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 the index number correct and does he deny the allegation?
Customer: replied 3 years ago.


Yes the number is XXXXX and he will deny the allegation

Expert:  Jo C. replied 3 years ago.
On what basis please?
Customer: replied 3 years ago.


as its a location that doesnt exist.

Expert:  Jo C. replied 3 years ago.
Was he wearing a seat belt?
Customer: replied 3 years ago.


no and it was witnessed by three different officers as the mounted police had to call in a traffic police officer to issue the fixed penalty


 

Expert:  Jo C. replied 3 years ago.

Thank you.

He can contest it. Any allegation can be contested. The Crown can always be put to proof upon these things and, indeed, the allegation is incorrect because he was not without a seatbelt at this location.

The difficulty is this. When they realise their error as they will they will just amend the charge to the correct location and it is one of those offences that doesn't matter where it was committed because it is unlawful everywhere.

Of course, if they do not do that then he should be found not guilty and that will be wonderful. The risk is that they will and then he will be convicted or have to plead and face a large costs order.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/