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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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I am due sentencing at magistrates tomorrow morning,

Customer Question

i am due for a sentencing at magistrates tomorrow morning, at the original trial for failing to disclose driver, the cps did not produce all the evidence, including two letters that i sent, one asking for photos of driver and the second asking for time extension to find the driver. the only evidence that was produced was the notice to owner docs of which four were sent out not 3 as is normal due to the granted extension. the magistrates found me guilty based on this information, without seeing my letters to the courts, do i have a case for abuse of code and can i request a mistrial?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Did you name the driver?
Customer: replied 8 months ago.
No i didn't as don't know who it was
Expert:  Jo C. replied 8 months ago.
What steps did you take to investigate ? Bearing in mind this is your car?
Expert:  Jo C. replied 8 months ago.
Actually it doesn't matter. This argument has been rejected already if they have convicted you.
Expert:  Jo C. replied 8 months ago.
No, you don't have a case. This isn't an abuse of process or a breach of the Code.You do have an automatic right of appeal to the Crown Court from any decision of the Magistrates Court.I wouldn't advise it though. You are not raising a defence. They will just convict you again and levy greater costs.
Expert:  Jo C. replied 8 months ago.
Come what may, you didn't name the driver.It is no defence to say you didn't know who the driver was. S172 reverses the burden of proof onto you to show that you have tried and are unable to do so. The reality is that defence tends only really to be available to people who run things like haulage companies. We can all say with reasonable effort who was driving our own personal car at any one time.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
should i even mention that they failed to produce the evidence then? or best not to bother and go exceptional hardship route?
Expert:  Jo C. replied 8 months ago.
I wouldn't bother.They will add 6 points and a fine. Unfortunately they will levy costs for the trial.Exceptional hardship only arises if the 6 points will take you over 12 points and so render you liable to a ban for totting.
Customer: replied 8 months ago.
ok thank you, ***** ***** 3 cars so not quite so simple i am sure it is my ex wife who took the car and got me two of these within 2 days whilst away, but i have no proof and naming her will cost far more in divorce settlement.
thank you anyway, i will be pleadinf=g exceptional hardship as it will take me to 12 points, including, loss of my job, not paying mortgage and potentially loss of company jobs where i work and hope thats enough!
Expert:  Jo C. replied 8 months ago.
Remember you have the burden of proof so you have to establish this.

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