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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69998
Experience:  Over 5 years in practice
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I have been charged with speeding (58mph in a 50mph limit)

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I have been charged with speeding (58mph in a 50mph limit) and in addition, due to an oversight on my part, I didn't provide the confirmation that I was the driver of the vehicle. I have been charged on both counts. The case will be heard in Court this Friday.

I am guilty on both counts and I was proposing to plead guilty by post.

To make matters worse, i have now discovered that my card driver licence expired on 12/11/2010. I have not renewed it, again due to an oversight on my part!

I wondered what you would advise?

Many thanks,

Darren Herbert
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.


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

Do you have any previous convictions?
Customer: replied 3 years ago.

Just speeding endorsements:


 


21/10/09 - 3 points


26//1/08 - 3 points


03/11/06 - 3 points


20/08/02 - 3 points


23/7/00 - 3 points


24/09/98 - 3 points

Expert:  Jo C. replied 3 years ago.
Have you already sent a plea in by post?
Customer: replied 3 years ago.

Not yet!


 


I think I've been putting it off - burying my head in the sand!


 


Part of the reason why I originally overlooked the speeding fine and my fear of dealing with this matter now is that I have been suffering with a stress related illness - GP fully aware!

Expert:  Jo C. replied 3 years ago.
Thanks.

You would be much better off attending court and offering the Prosecutor a plea to speeding in exchange for dropping the failing to identify. They could pursue both and if they do then you would have no option but to plead guilty to the more serious offence as you do not have a defence. However, I used to prosecute traffic courts all the time and its rare that CPS pursue failing to identify when a plea to speeding is on the table.

If so, you would only get 3 points and a fine plus costs.

If they pursue failing to identify then that will lead to 6 points and a larger fine plus costs.

Its very unlikely that the Court will pick up on the licence expiry but the DVLA will. However, if its something that is noticed by the DVLA then they will revoke your licence but you can apply for its return easily enough. There is an admin fee for doing so but not difficult to recover your licence.

If the Court do pick up on it then there is no particular consequence unless the DVLA have already revoked your licence for expiry. Then they could charge you with driving otherwise than in accordance with a licence but that only carries 3 points and its very unlikely to come to that.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Please can you just clarify what I will need to do when i attend Court on Friday?


 


Thanks

Customer: replied 3 years ago.

Also, could you just clarify which points on my licence remain an issue? When do they expire?


 


Thanks

Expert:  Jo C. replied 3 years ago.
Just offer the prosecutor a plea to speeding alone in exchange for dropping the failing to identify and explain the circumstances.

Then you have to plead guilty or not and you will be asked what you want to say about the offence. Generally speaking its best to say very little. There's not much mitigation for speeding beyond remorse and guilty plea and this would only attract 3 points and a fine anyway.
Customer: replied 3 years ago.

Could you just clarify which points on my licence remain an issue? When do they expire?

Expert:  Jo C. replied 3 years ago.
For the purposes of the Road Traffic Act, 3 years so they are all expired.
Customer: replied 3 years ago.

I need to complete a plea form which I need to hand in to the Court today.


 


How should I complete the form - how should I plea in connection with each of the 2 charges - Do I plea guilty to speeding but not guilty to providing information?


 


Thanks

Expert:  Jo C. replied 3 years ago.
You don't need to complete the form and in fact its better if you don't. You cannot negotiate with the Crown over a plea form.

Just attend court and enter pleas.
Jo C., Barrister
Category: Law
Satisfied Customers: 69998
Experience: Over 5 years in practice
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