How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I received a summons speeding offence 10 days ago

Resolved Question:

Hi, I received a summons for a speeding offence 10 days ago stating that the court are considering disqualifying me from driving. The summons date is in the middle of a previously booked family holiday so I have written, emailed and telephoned the Magistrates court over the past week or so but they are forwarding my request to Norfolk Police who are not responding. I need to know now otherwise I will have to cancel or pay for my holiday in full (£10k) on the off chance that they will not move the hearing.
We are supposed to be leaving next Thursday. Is it possible to get a solicitor to appear instead of me if I am away on holiday? Or is there a way of forcing an answer out of a so far silent Norfolk Constabulary?
Thanks
Justin
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello what was the speeding offence exactly?
Customer: replied 1 year ago.
52 in a 30, I received and responded to the NIP in good time and subsequently received the option to plead guilty by post, which I did - they then decided following the first hearing that they'd like me to appear as they were considering disqualifying me.
Expert:  Jo C. replied 1 year ago.
Why are they considering disqualification? Do you have previous points?
Customer: replied 1 year ago.
Previous to the offence none, but then about a week afterwards I was caught doing 82 in a 70 and have paid a fixed penalty and have three points.
Customer: replied 1 year ago.
How long will this question take for you to answer?
Expert:  Jo C. replied 1 year ago.
Sorry I am just traveling home and need to check a couple of things on this once back o I will get back to you this evening if that is ok?
Customer: replied 1 year ago.
That's fine.
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Is this Norfolk Magistrates Court?
Customer: replied 1 year ago.
Norfolk and Suffolk Police, Ipswich Magistrates Court to be heard at Bury St Edmunds Courthouse.
Expert:  Jo C. replied 1 year ago.
I know Bury well. There will be no admin centre there.
You have a variety of options. I have to say that generally a court will agree to an adjournment in the case of a pre booked holiday. They would want to see evidence of that but that shouldn't be too difficult.
I wouldn't recommend just going and relying on court staff to put your request before them. In fact, I wouldn't rely on court staff for any reason.
If you can bear the cost then you can answer your summons by sending a solicitor along on your behalf. What he cannot do though is give evidence for you but he could ask for an adjournment. That said, if you instructed a firm locally they could probably negotiate with the court to get the date moved anyway.
It is very unlikely that they will ban you for doing 52 mph in a 30 mph zone. They will add 6 points and fine you. It is probably fairly safe to rely on that. Even if they did ban you it would be for such a short period of time that it would be over with before you returned from holiday! But the ban would have a horrendous effect on your insurance.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
But why then did they not take the opportunity to fine me and give me points when I pleaded guilty by post?
Expert:  Jo C. replied 1 year ago.
Probably because they were considering a ban because it is within the sentencing guidelines and you have the right to make representations.
Customer: replied 1 year ago.
OK - I have over the past week contacted Ipswich Magistrates Court in writing by post, by email and over the phone and they say that in order to get the trial postponed they have to get the permission of Norfolk Constabulary...this is what we are waiting for without success. I will make contact with a Bury St Edmunds Solicitor tomorrow and get put them on standby to represent me as a last resort, though I fear that my failure to attend could put a Magistrate in disqualifying frame of mind. We shall see.
Expert:  Jo C. replied 1 year ago.
They shouldn't increase the sentence for that reason.
In fact, you are on a summons so there can be action taken against you for not attending unless they are going to bring a contempt prosecution which is not going to happen.
I would imagine they would be happy to adjourn if you provide evidence you are away.
Customer: replied 1 year ago.
..so there 'can' be action taken against me??
Customer: replied 1 year ago.
I too imagine they'll be happy to adjourn...but we can't get a response out of them - this is the problem.
Expert:  Jo C. replied 1 year ago.
Well, only in theory.
The contempt proceedings can be used for any disobedience of a court direction but it almost never is.
In fact, you can send a solicitor to answer a summons on your behalf anyway so if you do that there is no contempt.
Customer: replied 1 year ago.
OK - That wraps it up then. Thanks for your help.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks - have a good evening,

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions