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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 received a letter to attend magistrate court speeding

Resolved Question:

Hi. I received a letter to attend magistrate court for a speeding ticket. I received the speeding ticket on 5th Dec 2015 for a speeding offence that took place on 23 Sept 2015. It was sent to my old home address which is why it took nearly 3 months to get to me. I phone up the police and ask for photo evidence as it was so long ago and the car is shared between myself, my partner and sometimes friends and I want to see who was driving at the time. I did not hear anything about the ticket until 04/04/2016 which was to attend court. The letter says the police sent me 2 reminders which I have never received. I am unsure if I should pled guilty or not guilty as I still don't know which of us was driving the car. Would like some advice on what is best to do. Thank you
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Are you charged with failing to identify the driver?
Customer: replied 9 months ago.
yes
Expert:  Jo C. replied 9 months ago.
On the facts you would have to plead guilty I'm afraid.You didn't identify and you don't describe above taking reasonable steps to identify.
Expert:  Jo C. replied 9 months ago.
Asking the police for a photograph is not taking a reasonable step unfortunately.S172 imposes a duty upon you to investigate and discover the identity of the driver which is easy enough to do with a personal vehicle.
Expert:  Jo C. replied 9 months ago.
Had you posted earlier I would have told you to take steps like checking your diary and retracing steps but it is too late now.It sounds as though the NIP was out of time but it is too late for that now as you did not identify so they are prosecuting you for failing to identify which doesnt depend on the NIP.
Expert:  Jo C. replied 9 months ago.
If you were the driver then you could offer a plea to speeding in exchange for dropping the failing to identify.Actually you can plead guilty to speeding for any reason you like. There is nothing unethical about entering a guilty plea to an offence that you dispute. That happens all the time when people want to accept deals. What you cannot do is set down in a S172 form that you were the driver when you were not. That is perverting the course of justice. Entering a plea at court is different tough.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
If I am unsure of who the driver was but pled guilty would that be perverting the course of justice?
Expert:  Jo C. replied 9 months ago.
Not if you pleaded guilty to speeding at court.It would be if you set down that you were the driver on a S172 form when you were not.
Customer: replied 9 months ago.
Ok thank you very much. i will pled guilty
Expert:  Jo C. replied 9 months ago.
No problem and all the best. 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 Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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