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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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Ive received a court summons for a speeding offence on the

Customer Question

I've received a court summons for a speeding offence on the motorway. The location is incorrect on the "Traffic offence report" sheet he gave me at the time (photocopied and edited different to my copy), it states the wrong town and the motorway junctions match his written location.... 3 junctions north of where we were. The Charges letter states 2 different junctions, again, north of where we were (matching his corrections). I only have about 2 days to submit my plea. I was going to plead guilty but am annoyed that they're trying to prosecute me when they haven't got their facts correct. Do I notify them? I would like some advice please. I would rather not write specifics on an open area such as this though. Thanks for your help.

 

I have all the paperwork with me and can send copies if needs be. I don't think my description was very clear.

Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

The short answer is that it depends on your appetite for risk.

If you notify they will just amend the particulars. That will lead to the correct particulars which is all very well but its not your responsibility to help the crown out their house in order.

The other alternative is to plead not guilty as indeed you were not committing this offence at this location. There has been a recent case on this really just asserting the common sense position that you cannot be found guilty if the particulars are wrong.

Of course, they may during the course of the trial amend the particulars too and then you would have to plead. In principle you should not get whacked for costs in those circumstances but you can never really rely on that at the magistrates. The new procedure rules do say that the defence is supposed to notify the crown of the issues in the case although I have to say that I can never really understand what they think the consequence of not doing so is. If you just plain refuse to comment and put the crown to proof then nobody can stop you doing that.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

What would the consequences be if I said not guilty by post and stated "I was not at that location at that time and date" or similar?


 


If I'm to be prosecuted for it then I want it to be correct, I work in engineering and despise inaccuracies such as this. So I'd rather the whole thing went away or I get charged with what I did at a particular time & place (correctly). There's Provida footage of my vehicle, but it will also show things like lampost numbers- so you'd know it wasn't where the officer wrote that it was.


 


What would you do? Would you contest it or just let it go?


 


Is all this conversation publicly viewable too?


 


Thanks.

Expert:  Jo C. replied 3 years ago.
Sorry for the delay overnight

If you attend court then you can offer a basis of plea to the prosecutor that the location is wrong.

In terms of what I would do, if can see the point you are making. There might not be much practical benefit in arguing it but the principle is that of the crown are going to bring prosecutions then they should be upon correct facts.

Yes, it is visible on the Internet but you are anonymous. I can ask customer services to remove it at the end but if I do that now it will close the question

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