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LondonlawyerJ
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Experience:  Solicitor with over 15 years experience.
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I was recently convicted driving

Resolved Question:

Hi my name is Clayton
I was recently convicted for a driving offence that happened on 25/01/2015, I did some research into this due to the fact that I got convicted on 19/08/2015. to what I found out and to my understanding, this exceeds the six month period that has been set by law for someone to be convicted. also I never received a letter or any for of communication to let me no that I had a court date. I would like to appeal my conviction, is there anything that I can do ?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The 6 month time limit for most driving offences is for the laying of the information before the court, not the the date of conviction.
Can you tell me what the offence was and what punishment has been imposed in your absence so that I can answer properly.
Customer: replied 1 year ago.
Hello again,This is the information that I found on the internet in relation to my licence. I found how to see this with the letter that was sent to my from the DVLA.Offence dates
Offence date: 25 Jan 2015
Expiry date: 25 Jan 2018
Removal date: 25 Jan 2019Offence details
IN10: Using a vehicle uninsured against third party risks
Penalty points: 6
Fine: £600.00Court/Fixed penalty office1966: North Kent Magistrates’ Courtkind regardsClayton
Expert:  LondonlawyerJ replied 1 year ago.
Were you stopped by the police and asked about your insurance details, and what happened when they did this?
Customer: replied 1 year ago.
i was stopped yes, I didn't have a licence at all and I was driving with a provisional, at the time my girlfriend was in trouble after a night out and had two guys following her from Woolwich arsenal train station to Dartford train station where they too got off and continued to harass her. she phoned me at around 2:00am on the 25th which fell on the sunday. my concern was with her safety and well being. I did try to call my brother as he has his licence but there was no answer due to the time. so I jumped in my car and made my way to her.on the day that they pulled me over I was required to sit in their car and give them the information they asked for (licence, ID insurance details, ect) to which I was completely honest from the word go. once the questioning was done they did checks as to whom the vehicle belongs and everything checked out as I explained.everything that was said was noted and read back to me to which I had to initial as a form of agreement and confirmation to be true.they explained the situation to me and that the courts will be in contact with a summons date. my car was towed and my girlfriend was taken home and I stayed at a friends place that night.
Expert:  LondonlawyerJ replied 1 year ago.
Technically you might be able to get the matter set aside and then restart the case but there is probably no point in doing so. You were warned by the police that court proceedings would follow and looking at the dates you give it is highly likely that the information was laid within 6 months (you can call the court to confirm this date if you wish). The evidence of your being guilty is very strong, you have admitted it. Looking at the sentence you got - you received the minimum number of points possible and were fined £600 (does that include costs?). If you are in work you would be likely to get a similar fine so bringing the case back to life would achieve nothing except wasting time and money.
Customer: replied 1 year ago.
but that's what I am trying to get at, I was informed that I would be contacted and I wasn't, if I had been contacted I would have gone to court. i'm just a little lost as I didn't even know about my hearing.
Expert:  LondonlawyerJ replied 1 year ago.
Even if you had been there the outcome would be very similar.
Customer: replied 1 year ago.
Thank you so much for you help! I think I will just take my punishment and learn my lesson, especially after I am no longer with that person.
Expert:  LondonlawyerJ replied 1 year ago.
That is sensible. I would be grateful if you would rate my service as I will not get paid for the answers otherwise.
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Category: Law
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Experience: Solicitor with over 15 years experience.
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