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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I have a court adjournment summons speeding offences

Resolved Question:

Hi. I have a court adjournment summons for two speeding offences and two failure to respond ( one for each). The court is considering suspending my license. The summons is the first I have heard of any offences of court summons. I moved house in February 2013 and neglected to alter my vehicle registration document. Do you have any advice?
My license is clean currently, and has been for some years.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. Was your post not forwarded by anyone?
Customer: replied 1 year ago.
My post was not forwarded by anyone
Customer: replied 1 year ago.
Could we have a telephone conversation?
Expert:  Jo C. replied 1 year ago.
Yes, I can do that.
Or we can carry on online? The latter would be cheaper.
Customer: replied 1 year ago.
I think we should carry on online. Thanks
Expert:  Jo C. replied 1 year ago.
Ok.
What speed were you doing and what was the limit?
Customer: replied 1 year ago.
36mph. The limit is 30mph.
Customer: replied 1 year ago.
The mystery is, how they tracked me down in the end. The DVLA (driving license) has (and had) my current address, so I can only assume that the new owners at my previous address returned to sender. I am willing to accept the speeding offence, but am of course keen to avoid a disqualification.
Expert:  Jo C. replied 1 year ago.
Are you charged with speeding and failing to identify in the alternative?
For both offences?
Customer: replied 1 year ago.
yes, for both.
Expert:  Jo C. replied 1 year ago.
If you offer a plea to speeding on both occasions in exchange for discontinue the failing to identify then CPS might be willing to accept that. I used to prosecute traffic courts all the time and it is rare that CPS pursue failing to identify if a plea to speeding is available.
If they won't though then you can always plead not guilty to the failing to identify. There is case law to the effect that people in your position aren't in the best situation. Come what may, you are under a duty to tell them where your car is kept. There is an offence in failing to do so although they won't prosecute it.
However, I think overall if you are credible on the point the Bench would probably accept you didn't get the S172 request and so couldn't identify.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
No, that is very useful indeed, many thanks
Customer: replied 1 year ago.
How do I offer the plea? In writing, or on the day?
Expert:  Jo C. replied 1 year ago.
You can write in advance but my experience is that CPS will just ignore it.
I would do it face to face on the day.
Customer: replied 1 year ago.
Thank you. That answers my question admirably.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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