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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I got 'Notice of Intended Prosecution' alleged offence

Resolved Question:

I got 'Notice of Intended Prosecution' for an alleged offence (excess speed of 50mph on a restricted 30mph) - the driver of my vehicle is my cousin who holidayed in the UK and has since gone back to his home town. I've no evidence to prove that he was driving my vehicle at the time. If I were to give his details in Kenya, i.e name and address, and if they are unable to track him down, what implications do I face?
I've had a clean licence since I passed my driving test, (basically 28 years). What am i facing?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. Was your cousin insured to drive your car i.e. named on your policy or did he have a separate policy? Do you have any independent evidence to corroborate that he was the driver?
Expert:  Alice H replied 1 year ago.
For a speed of 50 mph in a 30 mph zone - the court would usually impose: 4 - 6 penalty points or a short disqualification of 7 - 28 days. Additionally there would be a fine and costs amounting to around a couple of hundred pounds to pay. The court would discount the penalty for an early guilty plea. The consequence of all of this is financial - you pay the fine and costs plus your insurance would increase a little but unless there was evidence of really bad driving, you wouldn't normally be disqualified. If your cousin was indeed the driver then you should give all his details to the police who may decide to investigate the matter further. If its accepted that he was driving then you will not face a penalty for speeding. But there are two further matters you have to bear in mind: 1. Lying to the police is a serious offence. Making a false declaration about the driver could result in an immediate prison sentence, if convicted. So, if your cousin was the driver, you can tell the police but if he wasn't driving then there is nothing to be gained by giving his details; 2. Failing to give details of the driver carries 6 points. If you are not sure whether your cousin was the driver you might be better off not completing the form and, if prosecuted for failing to name the driver, you will end up with 6 points, which is about the same for this type of speeding anyway. 3. If your cousin was driving uninsured both he and you would be looking at a separate criminal offence of 'no insurance' which carries 6 - 8 points. Again, you have to decide whether or not to name your cousin as the driver in light of this information. I hope this helps. Alice
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:  Alice H replied 1 year ago.
I can arrange a telephone call for you at 2 pm. But please review the offer of additional services.
Customer: replied 1 year ago.
Hi Alice, thanks for your message. He has a separate policy based on his international DL. The only proof I've got is that at the time of the alleged crime I was at work and this can be supported by my employers and colleagues, other than this I've got no evidence.If I were to take the blame, can my clean licence of 28 years since I passed my test be put into account?
Customer: replied 1 year ago.
I don't mind getting a ban for 7-28 days, but 4-6 points is a lot! - Is this upon their discretion?
Expert:  Alice H replied 1 year ago.
The court will certainly take into account your clean record. The lack of driving offences for 28 years is very positive. The points are not fixed - the Magistrates have a discretion to impose 4 - 6 points depending on their view of the seriousness of the offence. You could ask them to disqualify you instantly instead of imposing points but, of course, a disqualification is viewed dimly by insurers so you may find your premium rockets!
Customer: replied 1 year ago.
Thanks Alice, i was driving 50mph on a 30mph zone, is that serious? Does that mean I could either get 4 or 6 points? Can't they just give me a fine and no points, as its my first offence in 28 years?My only concern of naming my cousin is that it can drag on and I just want to put this behind me.....once I name myself as the driver, do I have to go to court? Or will only receive a letter from the authorities?
Expert:  Alice H replied 1 year ago.
Unfortunately points or a disqualification is obligatory for speeding. They can't just impose a fine and costs. The penalty is fixed by law. They could impose 4, 5 or 6 points. If this was a residential street, then 6 points is more likely. If you name yourself as the driver they will send you a summons for speeding. You can plead guilty by post and the court will notify you of the outcome in the same manner.
Customer: replied 1 year ago.
Thanks, ***** ***** I wait for their replies by post. Do you have a rough idea about their fines/costs?
Expert:  Alice H replied 1 year ago.
Yes, that's absolutely right. They have six months from the date of the offence to prosecute - so some weeks may pass before you hear anything about court. Costs for pleading guilty are £85 fixed. The fine is based on your disposable income - if you are on a low income you could expect to pay roughly £200/300 - but if you are a high earner then £500 or more cannot be rules out. The purpose of the fine is to hit your pocket, so high earners get hit harder!
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's not fair! Gosh what a start to New Year!Thanks, ***** ***** service has been great! - No further questions.
Expert:  Alice H replied 1 year ago.
My pleasure. All the very best. If you need any further assistance then please ask for me by name. Alice :)
Customer: replied 1 year ago.
Hi AliceOn 18 Jan, I filled the form letting the MET know that I was the named driver at the time of the alleged offence. They have replied back! - They are saying from the 'technical and photographical evidence' they have the driver is a male and it's not me! They have sent these photos to me, and it's my cousin. I told them that I thought I was the driver at the time but from the photos it's my cousin from Kenya. I've sent a copy of his passport together with the date he travelled back to Kenya. Will they get in touch with me again? Or is this matter concluded as far as I'm concerned. (My cousin has an international licence, and he's fully insured. I've also got a copy of his licence and insurance docs).

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