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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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I was caught speeding while driving my daughter's car. She

Resolved Question:

I was caught speeding while driving my daughter's car. She returned the S172, but it was received after the required date, (the usual reminder was not received) and she has received a summons for:
Fail to give information relating to the identification of the driver of a vehicle when required.
Speeding - exceed 30nph on restricted road - manned equipment.
She is hoping not to attend court, but we have been advised that they cannot prosecute her for speeding when she was not driving. I am looking at the paperwork with her:
Is it possible for her to plead Not Guilty to the speeding offence without attending court?
Will either offence affect her DBS, as she works with children and is concerned about this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any particular reason she wants to plead not guilty?
She seems to accept speeding?
Customer: replied 2 years ago.

No, she doesn't accept the speeding fine, only the late submission. That's the problem.

Expert:  Jo C. replied 2 years ago.
But isn't she charged with failing to identify as well?
Why doesn't she want to attend?
Customer: replied 2 years ago.

Partly because it will be difficult for her to get the time out of work, and partly because I think she is frightened she will say all the wrong things. It is possible she would go that route if she felt confident about it.

Expert:  Jo C. replied 2 years ago.
Ok.
What was the date of the speeding incident?
Customer: replied 2 years ago.

31/07/14 - I have everything scanned if that helps?

Expert:  Jo C. replied 2 years ago.
No, that is fine.
In terms of whether she has to attend the answer is that she does not. She can enter pleas by post.
However, it would be better to attend. On her account, she is guilty of the failing to identify but not the speeding. If she is pleading to the failing to identify then the Crown might well drop the speeding but she would need to attend court to offer that to the prosecutor.
Sometimes they will accept a plea to speeding from the driver in exchange for dropping the failing to identify but the speeding incident was more than six months ago so they are too late to charge you and obviously she cannot plead because she was not the driver.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The will have received the form naming me as driver within the 6 months, does that make any difference?

Expert:  Jo C. replied 2 years ago.
Not really.
They are entitled to have it within 28 days. That is what the requests say. If she didn't do that then they are entitled to prosecute.
You might get a prosecutor to accept that pursuing her is not in the public interest but you would need to attend court to make those representations.
I suppose you could put them in writing first but you would need to attend to discuss it.
Customer: replied 2 years ago.

Many thanks. I need to think this through, and discuss with my daughter.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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