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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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I have a motoring offence i expect someone has committed in

Customer Question

I have a motoring offence i expect someone has committed in my name. where would is stand in court and do i need legal representation ?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. i will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Hi


 


Basically i have abit of history for driving offences but i have kept my slate clean for 2 years due a suspended sentence.


 


I have been alerted to there was an offence committed in January of this year for no insurance and no licence. i have no knowledge of this and wonder where i should go from here..i have a hearing at Cheltenham Magistrates Court on 21st Dec.


 

Expert:  Jo C. replied 3 years ago.
What was the offence?
Customer: replied 3 years ago.

It was driving without insurance and a licence. i have previous brought and sold cars in my name so am possibly thinking someone could of used my details from a v5.

Expert:  Jo C. replied 3 years ago.
If thats the offence then it is likely that the driver was stopped at scene. Of course, another person may have given false details. It wouldn't be the first time.

You can contest this on the basis that you were not the person who was stopped. The way to cross examine that is to ask the officer for a description of the person he stopped which he is very unlikely to have as he will not have noted that down. On the face of it, this is not an ID case.

You would be assisted by legal representation. Its a classic ID case. If you don't have representation then the risk is that the officer will just make a dock ID of you and the gap will be plugged up. Of course, that could happen anyway but the risk is reduced.

It will be much cheaper to use a barrister under public access than a solicitor though. A junior tenant would probably do the trial for £300-£500 plus vat whereas a solicitor would charge much more.

Hope this helps. Please rate my answer and then I will give you related information for free.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69379
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for that. What wil be likely to happen on the 21st ? Will i need to explain anything or wil it be just adjurned for trial?
Expert:  Jo C. replied 3 years ago.
If this is the first date this has been before the Court then it will be adjourned off for a trial.

They might try to try it there and then but as soon as you explain the issues they will release they need the officer to attend.
Customer: replied 3 years ago.
Ok . Is it worth me getting a solicitor before i attend or just speak to the duty on the day?
Expert:  Jo C. replied 3 years ago.
Its not likely that you would get legal aid for this so you would have to arrange it in advance.
Customer: replied 3 years ago.

The fact that im not currently working is that likely to improve my chances of getting legal aid? i am not finding it easy to get a solicitor that can deal with my case in such short notice? is there any way i could get the court to adjourn the date?


 


Thanks

Expert:  Jo C. replied 3 years ago.
No for this offence.

Its not really your circumstances but the nature of the offence.

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