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: 70204
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Didn't respond to information request from police about a

Customer Question

Didn't respond to information request from police about a speeding ticket during a period where I was working away, while my wife moved houses at the beginning of the year. after a court summons, I would like a polite mitigating circumstances statement to add to my plea
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What are you hoping to achieve?

Customer: replied 1 year ago.
To be a bit nicer in sentencing.There are two counts : one is the speeding (36mph in a 30 zone) which is fine and I'm guilty on that front, the other is with-holding information charge - I do not know what the possible sentencing is for this, and would like advice on how to proceed really.
Expert:  Jo C. replied 1 year ago.

Why didn't you respond?

Customer: replied 1 year ago.
It got missed.My job involves working away a lot, particularly over November - January. My wife because of her job (Cabin Crew) had a new position at Manchester, so short term moved away to her parents over winter until we had time to find a new House. In February we eventually moved permanently, but over the xmas period there were piles of letters being put in boxes, and also our ex-land lady sent up a large parcel with letters from our old address that got lost in transit with Parcel Force (We think it went to 94 whereas we live in 94a, and they moved out a week after we moved in. I would have responded if I had the letter, but it could be in one of the boxes that is still unpacked in our new house, or lost in the parcel in transit. AS it was only a 36 in 30, I would have quickly replied in the hope of doing the Speed Awareness course instead of all this happening instead.
Expert:  Jo C. replied 1 year ago.

Ok. There is no doubt that you were speeding I suppose? You were the driver?

Customer: replied 1 year ago.
I was the driver. Yes to the charge of speeding. (36 in 30mph zone)
Expert:  Jo C. replied 1 year ago.

Thank you and I’m sorry for the delay.

There is not really much point in writing to them. They're going to prosecute you because if they do not they cannot be sure of any conviction for anything at all.

One option is to attend court and off the plea to speeding in exchange for them dropping the failing to notify. They do quite regularly except that kind of bargain.0 if that happens then you will just be prosecuted to the speeding alone which will carry three points and a fine.

If they do dig their heels in and refuse then your only option is to plead guilty to failing to notify. That carries six points and a much higher fine. You can mitigate on the same day that you plead guilty. It is only mitigation as there is case law that says that a person abroad or away should keep tabs on his post but nevertheless it is mitigation. It doesn't make a huge difference to your sentence really anyway as it only carries points and a fine.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
If I put those mitigating circumstances in the box provided on the form (for postal) but plead guilt, will that help? If so, what is the best working to use. So for both charges guilty, but a statement as to why?
Expert:  Jo C. replied 1 year ago.

Not really. Then you would be pleading guilty to failing to notify without the opportunity to offer a plea to speeding.