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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Good evening, I received a Nip , filled it in and

Resolved Question:

Good evening, I received a Nip for speeding, filled it in and posted it first class all in good time, I then received a Requisition from Cheshire Constabulary with a charge of failing to give information, and another of speeding, I replied not guilty to the failing to give information and sent a copy of the original NIP that I sent in the post. I am due in court on the 25th June for plea to be entered on the two charges. What do I do.
I was flashed by the camera doing 46 in a 40 zone on the 20-11-2014.
The NIP arrived on the 25-11-2014.
I returned the Nip on the 29-11-2014.
I have a clean licence at the moment
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

Hi, do I plead not guilty to both charges, even though I sent a copy of the NIP to the court when I pleaded not guilty to failing to supply information and it is me on the NIP as driver.

Expert:  Jo C. replied 1 year ago.
Did you name the driver without any equivocation?
Customer: replied 1 year ago.

Yes

Expert:  Jo C. replied 1 year ago.
You can plead not guilty. Nobody can force you to enter a guilty plea.
From the point of view of preserving credit for a guilty plea though you should be pleading guilty to speeding. Since you accept that you were the driver and you were speeding there isn't really a defence.
If you did fill out the S172 request properly and did so within the time period then you should plead not guilty to failing to identify.
Another alterative is to attend court and explain to the prosecutor and offer a plea to speeding. Probably they would take that in the circumstances. Then you would have to attend by ultimately you can't negotiate by post.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

I am due in court on the 25th June for "plea to be entered for the offence of speeding and failing to provide information", will the prosecution be there on this day, if not and I plea guilty to speeding I have nothing to negotiate when it gets to trial. As it stands the prosecution do not know who was driving as they claim they never received the NIP that I posted.

The court has a copy of the original NIP, with me on it as named driver.

If I am going to be convicted of failing to give information, then why should I give that information.

Expert:  Jo C. replied 1 year ago.
Yes, there will be somebody there to prosecute it.
The difficulty with your argument is that your defence in relation to failing to identify involves producing a copy of the S172 request in which you name yourself as the driver and then it is game over.
Customer: replied 1 year ago.

If I go to court and plea not guilty to both charges and supply no defence

will the magistrate produce the copy of the NIP. I assume I will be found guilty for failing to produce information, am I correct in assuming that with no evidence they can not convict on the speeding, this way I will be convicted of 1 offence albeit the more serious one, If I plea guilty to being the driver, I could still be found guilty of failing to give information as well.

How many points is it for the two charges.

Expert:  Jo C. replied 1 year ago.
Yes, if you sent it to the court then they will probably make it a live issue in the case.
I'm not sure why you should be found guilty of the failing to provide? You seem to be able to produce evidence that you did provide.
Speeding penalties depend on the speed proportionate to the limit. Failing to identify carries 6 points.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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