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: 70180
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Did you name the driver?
Customer: replied 1 year ago.
No i didn't as don't know who it was
Expert:  Jo C. replied 1 year ago.
What steps did you take to investigate ? Bearing in mind this is your car?
Expert:  Jo C. replied 1 year ago.
Actually it doesn't matter. This argument has been rejected already if they have convicted you.
Expert:  Jo C. replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Remember you have the burden of proof so you have to establish this.