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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My court appearance for a speeding ticket has been listed for

Customer Question

My court appearance for a speeding ticket has been listed for January 2014, when in fact it should have detailed January 2015. Does this inaccuracy help me in any way, eg. I say I want to plead guilty in person but then don't show up because of the wrong date, I am then convicted, but I appeal based on the fact that I couldn't have appeared as the date was wrong. #clutchingatstraws ! ;-)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you explain your situation a little more?

JACUSTOMER-yrh9ex9e- : I was caught by a camera for doing 37 in a 30 in Central London back at the beginning of June. I thought that the police would run out of time to commence proceedings (I didn't accept the fixed penalty offer as I've had this strategy work before!) but with two weeks to go before six months elapsed, they sent me the summons. The court hearing is scheduled for Lavender Hill Magistrates Court at 10am but on 14th January 2014 (ie it's obviously a typo and should say 2015.)
JACUSTOMER-yrh9ex9e- : Given that such prosecutions are time limited, I'm now wondering whether there is a way that I can use the mistake to my advantage. I can't if I plead guilty and I can't if I plead not guilty (as they will adjourn and set a new hearing date) so my modus operandi could be that I say I want to plead guilty in person which is an option on the form, where it states that "I must then atrend court at the date and time shown." Obviously I wouldn't do that because the date is wrong, they would accept the guilty plea but I wouldn't have had any chance to plead mitigation. In turn, I appeal the outcome because of erroneous process!
JACUSTOMER-yrh9ex9e- : So the big question is, am I delusional? LOL
JACUSTOMER-yrh9ex9e- : Thanks,
JACUSTOMER-yrh9ex9e- : Sorry there's some typos above, in the pleading sentences. Basically if I plead guilty by post, or not guilty, then the mistake won't be confronted. Hence why I'm suggesting the "not guilty in person" strategy.
Alex Watts :

Ok - what is it you want to ask me about this?

Alex Watts :

You want to plead guilty?

JACUSTOMER-yrh9ex9e- : Erm, see my very first posting, which I thought was very clear. It certainly is given the additional information I've provided. I'm losing confidence at this end!
Alex Watts :

The speeding ticket has been listed for January 2014 when it should be January 2015, does it help.

Alex Watts :

No

Alex Watts :

It is a simple typo in the summons which can be corrected.

Alex Watts :

It is a simple mistake and the Court can allow it to be changed.

Alex Watts :

If you dont turn up and say you didnt know and appeal you would have go to before a Crown Court Judge.

Alex Watts :

He would say: If the summons was produced AFTER January 14 and it read to attend January 14, did you really think it would pre-date it? Of course not. It would be common sense.

Alex Watts :

So you should attend in January 15.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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