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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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I received a notice of intended prosecution on the 15th

Resolved Question:

I received a notice of intended prosecution on the 15th June, It has the date of offence, but no time, they also have my date of birth as 9/2/1971, when it should be 1941, if the summons comes through with the wrong D.O.B on it , can I just not turn up and say that is not me.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Were you speeding?

Customer: replied 1 year ago.

No I was reported by another driver for dangerous driving while overtaking

Expert:  Jo C. replied 1 year ago.

Ok. What do you say about that?

Sorry for the delay.

Customer: replied 1 year ago.

The alleged offence was committed on the 5th June, the police who came to the house asked if I had been driving the car on that day, I said I had, I also said to the police that I had been in the area as I was going to an RAF open day. a few days later I noticed that it was in fact the 4th June the open day was on, I wrote to the procurator fiscal saying I don't recall driving the car on the 5th June, I asked them to contact the police as they would remember me saying I was in the area on the day of the RAF show, I never received a reply, idid send the letter recorded delivery

Expert:  Jo C. replied 1 year ago.

Ok but where you driving dangerously?

Customer: replied 1 year ago.

I don't recall any incident whatsoever, I have been driving accident free and with no convictions for 50 years, I was a professional driver, buses HGVs, and 15years as a driving instructor . I am experienced enough to remember if there was an incident.

Expert:  Jo C. replied 1 year ago.

Ok. Thanks.

The reality of this is that there really isn't much point in taking points like dates of birth. There is case law on what makes these things defective and it literally has to be such that you cannot understand it is for you. Clearly it is for you.

If there wasn't an incident though then that is just a simple factual dispute that you have to have at court.

If you just don't attend though they will convict you in absence.

It might well all turn into a matter of driving without due care and attention.

Can I clarify anything for you?

Jo

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