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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70513
Experience:  Over 5 years in practice
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Hi, I was charged with a speeding offence on 2/3/14 60mph

Resolved Question:

Hi,
I was charged with a speeding offence on 2/3/14 60mph on 30mph road. It was about 12:15am and was very sick with flue and had lost my voice nearly. I was in bed and about 11pm that night, I heard my daughter and her friends trying to call a taxi for Liverpool town centre. I felt sorry for them and took them to town where there was a lot of traffic and I was delayed about a half hour. On my way back, I didn't realise I was speeding, as I was following 3 cars in front of me and also, I was eager to go back to bed as I felt really ill. The policeman who stopped me was very sympathetic and told me that I had an option to book a course in place of the ticket. He also said that I was going to get this offence within 30 days; instead it came 4 months later. In the meantime, I was stopped during May outside Tesco on Park road charged with passing a red light. I got the notice within a month and I booked a course which is on July 25th. Can you please tell me if there is a way to plea non guilty for the first offence? My email is *****@******.***
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have a defence please?
Customer: replied 3 years ago.
Not sure what you mean. I need your advise if I have a defence. Are they allowed to send me this offence after 4 months? What's their time limit for sending offences?
Expert:  Jo C. replied 3 years ago.
I'm not sure what defence you want to rely upon?
Do you accept that you were speeding?
Customer: replied 3 years ago.
With the information I gave you, do you see any points for my diff ensue?
How long is the police allowed to send the offence after the incident?
Expert:  Jo C. replied 3 years ago.
Thanks
1 I'm not sure what you mean about this?
2 6 months from the date of the incident. They stopped you at scene and gave you a verbal NIP so that doesn't need to be done within 14 days.
It was unhelpful of the officer to suggest that this would lead to a speed awareness course. This is 60 mph in a 30 mph zone and it was always going to go to court because of the speed proportionate to the limit. You are facing 6 points or a ban of between 7 - 56 days and a fine. You are at the very highest point of the highest sentencing bracket so at risk of a short ban I'm afraid. The practical reality is that the court might just give you points though. Its rare that they go straight to a ban.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
Thank you. Can I offer to pay a bigger fine and not get points?
Expert:  Jo C. replied 3 years ago.
I am sorry but you can't.
The points are mandatory.
Customer: replied 3 years ago.
Last question. Can I hire a lawyer to get me out of this like they do in America? In the US, if you get an offence, you can hire a traffic lawyer, attend court and the offence is waved.
Expert:  Jo C. replied 3 years ago.
No, you can't I'm afraid and you cannot in the States either.
You can indeed pay a solicitor to attend court but it comes with no guarantees that the matter would be dropped either in the UK or in the States.
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