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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience:  Over 5 years in practice
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I was sent a postal requisition for a driving offence (undue

Resolved Question:

I was sent a postal requisition for a driving offence (undue care and attention) when I was originally informed of charges at the road side by the officer it was for dangerous driving as he claimed it was a blind bend something that is simply untrue, I sort some advice on this and was told by a solicitor that he agreed it wasn't a blind bend and they wouldn't have a leg to stand on. I was never given notice of the charges for undue care as is required in my understanding. however I have a court on Friday and have submitted legal aid forms but not had a response as such i have no legal help I suffer from mental health issues that prevent me from working I receive incapacity, disability living allowance and cares allowance showing just how serious this condition is I feel competently overwhelmed and unable to defend myself what should i do can I get an adjournment? I JUST CAN'T GO ON MY OWN.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Do you intend to plead guilty please?
Customer: replied 2 years ago.

I don't know what to do or plea I don't think that I am guilty of anything I don't even understand the charges


 

Expert:  Jo C. replied 2 years ago.
Can you pay privately?
Customer: replied 2 years ago.

no I do not have the means to cover legal advice. As far as I know I should eligible for legal aid. I need for want of a better term to buy some time in order to obtain legal aid

Expert:  Jo C. replied 2 years ago.
Thanks.

You may be eligible for legal aid but if this is a careless driving alone then you may not get it. Legal aid often does not cover offences that are not marked with a prison sentence although there are other grounds.

In any event, all you need to do is attend court and ask for an adjournment to sort out legal aid. That is quite common. You may need to explain when you applied and why it isn't done but they are not likely to force you to enter a plea without advice.

If they do insist on a plea then just refuse to indicate. Magistrates can strop all they want about it but there is nothing they can do. The worst that will happen is that they will direct a not guilty plea and thats unlawful anyway.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

can I be prosecuted considering I wasn't notified of the charges within 14 day's


How is the magistrate able to direct a plea if it is unlawful and how do I deal with that?


I really feel I am unable to cope/attend due to my mental health what if I can't do it?


 

Expert:  Jo C. replied 2 years ago.
1 Yes, because you were given a verbal NIP at the scene so the 14 day requirement doesn't apply.


2 If they do that then it will be unlawful. Sometimes Courts do unlawful things and thats why we have the court of appeal.

3 If you dont' attend they will direct a not guilty plea in your absence and adjourn it for trial. If you don't attend the trial then they will try you in absence.
Customer: replied 2 years ago.

I guess a system that allows it's self to breach the very law's it is supposed to uphold will not care that the NIP was for a different offence ie. Dangerous driving for overtaking on a blind bend (that simply doesn't exist) not what I am being charged with, undue care and attention overtaking nere a junction (that is hidden in hedgerow and impossible to see with a photo to prove it) and if they will break there own rules I guess they won't care about the attempt of the officer to change/falsify my statement meaning he had to edit his lies what's the point.

Expert:  Jo C. replied 2 years ago.
Well, that makes no difference anyway. All they have to do is warn of the intention to prosecute for something.

Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience: Over 5 years in practice
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