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: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have just had to plead guilty for speeding as the police

Customer Question

I have just had to plead guilty for speeding as the police changed their witness statement to conform with the charge on the day if the trial. The legal adviser of the court told me that technical issues were no longer allowed as evidence in such a case and so the police were within their rights and if I proceeded to plead not guilty I would 'face the consequences'. Can this be right?
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.

In what way was the statement changed please?
Customer: replied 2 years ago.

The original witness statement gave a distance measurement that was different to the ticket issued at the side of the road. Today they produced another witness statement that now agrees with the ticket and I was told this was just fine and I have to accept it. The legal adviser also told me that basing a defense on technical grounds ended 's long time ago'

Expert:  Jo C. replied 2 years ago.
Well, thats not entirely true but technical defences do often fail.

Are you asking whether you should have pleaded?

Do you deny speeding?
Customer: replied 2 years ago.

In the original version the distance declared put me 10 meters in a zone where I was driving at the speed limit but on the revised statement put me inside the zone by 40 m.

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

So could you give me the information I asked for?
Customer: replied 2 years ago.

I originally denied speeding on the original evidence that was supplied to me but was told it was a typographical error and the new witness statement supersedes this. Therefore I had to plead guilty to avoid a higher fine.

Expert:  Jo C. replied 2 years ago.

Are you asking whether you should have pleaded?

Do you deny speeding?
Customer: replied 2 years ago.

The thing is I'm not sure. I was definitely going 40 mph but on the original witness statement I was in a 40 zone but the ticket issued and the subsequent witness statement puts me in a 30 mph zone.

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

So what is your question about this?
Customer: replied 2 years ago.

Can the police after making an error change their statement so it fits with the ticket issued and therefore makes me guilty?

Expert:  Jo C. replied 2 years ago.
Yes, in short. They are always varying charge sheets and statements.

It was always open to you to continue with a not guilty plea and cross examine the witness over the changes in his statement to try to undermine his credibility.

Obviously sometimes changes in statements mean more than others. In a civilian witness it means a huge amount. A civilian witness making allegations of crime should reasonably be able to tell consistently when a crime happened to them. Police officers are different though. Police officers witness crime all the time so getting dates mixed up is not necessarily fatal to their credibility.

Similarly, distances may be important or may not. I'm not sure what point you wanted to take here?

In any event, you seem to have entered a guilty plea so the matter is resolved. In truth, you probably did the right thing. Inconsistency of evidence can be very important but with speeding offences involving police officer witnesses probably a court is not going to say that an incorrect recording of dates mean they are not credible.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 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/

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
< Previous | 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
 
 
 

Related Law Questions