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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69255
Experience:  Over 5 years in practice.
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Hi, my police witness statement for my speeding offence has

Customer Question

Hi, my police witness statement for my speeding offence has only been signed by the police officer with no signature witnessed by. Is this therefore valid evidence in court and can i have the case thrown out because of this?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Yes, that is valid Im afraid. S9 statements are often not witnessed from police officers. Civilian statements are witnessed because they are taken by police officers and therefore they are witnesses but officers quite often write their own.

In any event though, he can always come along and give oral evidence. The fact a person has not made a S9 statement does not mean their evidnece is inadmissible. Defence witnesses generally do not make S9 statements ever.

I'm afraid there is no prospect of this leading to the case being thrown out or having any impact at all.

There is quite a lot of nonsense talked on the internet about road traffic. These cases are not that tehcnical bound I'm afraid.

Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks, i thought it was a long shot, ive done the crime so now to accept the time. Any advise for my court day? I plan on just turning up saying sorry and hope its over quickly.

Expert:  Jo C. replied 2 years ago.
Yes, I understand. Its always worth considering every avenue to put the Crown to proof and protect your licence.

The truth is that nobody ever really has a strong case to contest these things. What you do is take a long shot risk for the opportunity of getting off.

it depends what stage you at but they do forget to summons sometimes so it might all disappear into nothing.

On the point of mitigation, there's never very much you can say about speeding. You want to be emphasing the guilty plea, hitherto good record, shortness of any distance driven at speed, the absence of heavy traffic or vulnerable road users, good clear conditions etc. Obviously you can only make those points if they are true though.
Customer: replied 2 years ago.

Thanks Jo, as i am guilty is there any point in pleading mitigation?

Expert:  Jo C. replied 2 years ago.
What was your speed and what was the limit please?
Customer: replied 2 years ago.

108.95 on a A road 70mph, guilty as charged your honour

Expert:  Jo C. replied 2 years ago.


It is worth mitigating. You should really attend court as well rather than plead by post as they will be considering a short ban.

You are at risk of either 6 points or a ban of between 7-56 days. You are at the higher end of the sentencing bracket so they could consider a short ban.

That said, miles over the limit are not the only aggravating feature in a speeding offence. All of the others are usually absent from a 70 mph zone. 70 mph zones don't generally have vulnerable road users apart from motorbikes possibly. If you can up to 108 on a motorway then generally the traffic is fairly limited. Visibality is usually good by reason of the layout of a motorway as opposed to some restricted zones.

Customer: replied 2 years ago.

Thanks Jo, i am going to court and going to put my hands up, it was 6am in the morning, not a car in sight in the middle of summer so have that on my side. Just need to go in and say ive been stupid and it wont happen again please be nice. I have a letter from my employer saying i need my license for work and that it seems out of character the speed i was doing. just have to hope i get a nice magistrate on the day.

Expert:  Jo C. replied 2 years ago.
They probably will just give you points. They don't generally ban all that often.
Customer: replied 2 years ago.

fingers crossed, thanks for all you help, take care. Chris

Expert:  Jo C. replied 2 years 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’.

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