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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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I was stopped by a police officer on a motorway informing me

Customer Question

I was stopped by a police officer on a motorway informing me of excedding speed. It was orally noted to me that I am on a 70mph max road and I was driving 100-108mph. The officer used his calibrated speedometer in his police car. One other officer was with him in the car.
The officer issued me with a traffic offence report doc, which noted offence code SV07711. I refused to sign it. I also noted to the officer that I believe to have driven no more than 85mph. No written note of this was made.
On the offence report, the office ticked No against NIP, lower down under Officer Reccommendation, the officer ticked intent. No other communication had been posted to me until the 18th of September. Making it 6 months short of 1 day.
The offence took place on the 19 of march and on 18th of September I have received summons to present myself to court. I have also idetnified that the number plate for my car was incorrectly noted in the summons. One letter incorrect.
I am unsure as to what to do. Please advise of best course of action.
Many thanks,
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends really what you want to achieve here.
If your point is that you were speeding but not more than 85 mph then you should really attend court and plead guilty on that basis. It will then be for the court to decide whether your version of events would make a material difference to sentence sufficient to warrant a hearing on the facts. You want to avoid that if possible largely because you will almost certainly lose and have to pay costs.
Clearly they are in time if they laid an information within six months.
The reason they didn't send out a NIP is that they delivered a verbal warning at scene.
The index number is ***** technical defence point. If the index number is ***** then you would not speeding in that car. The risk, of course, is that that is just an error which they will remedy at court. Its likely that is the case because, apart from anything else, they would have done a check with the DVLA at the time and the reason you were allowed to drive away is that you gave the details of the registered keeper which means that they must have had the right index number whether or not it was recorded.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thank you for your prompt reply.

What about the fact that the on the report doc the officer handed me, he ticked NO against NIP? Lower on the form under Officers recommendation where it notes that the officer is of the opinion of the need for a diversion course and that the offence committed was as a result of intent. Does that not imply that no summons was expected?

Should I then plead guilty by post and write a mitigating letter? Or should i present myself in court and explain my case?

Thanking you in advance.


Expert:  Jo C. replied 2 years ago.
No. It implies that there was no need for a postal NIP.
The trouble with pleading by post is that you are not there to make the point that you think you were only going at 85. If you maintain that then you really need to attend.
Customer: replied 2 years ago.

Am I correct in understanding that i should not present to court in order to argue the 85mph, unless I am sure that this will be considered by the magistrates?

I would have little belief to be honest that this will change much.

It this case, I believe it is more appropriate to accept the guilty charge and write a mitigating letter. Should I note in the letter anything about my belief of not driving at the speed charged with or should I more or

less show remorse and explain the reason why that had happened?

Thanking you for your advice.



Expert:  Jo C. replied 2 years ago.
No. You can offer a guilty plea on the basis that you were speeding but only to 85 mph. They would then consider whether it would make a 'material' difference to sentence. That has generally been interpreted to mean move it from one sentencing bracket to another and actually it would. It is to be hoped CPS don't demand a Newton hearing over this but they don't always act with good sense.
If you plead and mitigate on the basis that you were only doing 85 mph then they will consider that as a basis of plea.
If you plead on full facts and show remorse then you are facing 6 points or a ban of between 7 - 56 days. Its to be hoped they go for less than 6 points since the officer cannot really be sure of your exact speed. A range of 100-108 mph could include 100mph which is in the lesser sentencing bracket.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

would it benefit me to present myself to court or should i make sure I save court's time and conduct the process in writing? I am thinking of pleading guilty of driving no more than 85mph by post and mitigating letter.

Or what would be your advice in this instance?

many thanks,


Expert:  Jo C. replied 2 years ago.
That is always a difficult question.
Generally speaking, people who attend court smartly dressed and show respect for the Court do come off better than people who plead by post.
On the other hand, people who lose their temper and become abusive would be better off staying away. I realise that nobody intends to be abusive but some magistrates would try the patience of a saint.
Personally I would attend. I do see why you want to plead by post not least because anybody in work has better things to do than go to court. The trouble though is that if they get a plea on that basis they will probably say it needs a Newton hearing, adjourn it off and then you would be facing greater costs.
You need to attend and offer that plea to the prosecutor who might well accept it not least because their bracket on their own evidence is quite wide.
Customer: replied 2 years ago.

I thank you for your time and assistance with this query. I believe there is scope for me to note attendance in court. I will then explain my case and take it from there.

Many thanks again.



Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 2 years ago.

Thats good to know.

Expert:  Jo C. replied 2 years ago.

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