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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice.
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Ok thanks. Hi Jo I am due in court on the the 27th Nov for a speeding nip 42 in a 30 and f

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Ok thanks. Hi Jo I am due in court on the the 27th Nov for a speeding nip 42 in a 30 and failure to provide the name. I have written to the court for the first hearing to state that my girlfriend is living in Kent and i have spent a lot of time over that way and also working up in Derby quite a bit over the last 6 months. I have had a neighbour forward my important looking mail to my partners place but he got the address incorrect writing no4 instead of no9 which does not exist and that the first thing i new about the nip was when i returned home to received some treatment for a bad back and got the summons through the post this was second week in Spetember. I called the court and the lady suggested that i can explain my extenuating circumstances and i might be alright for the failure to provide a the name. I also said that there have been a number of other people that had driven the vehicle around that time but because it was so long ago(Feb) i couldn't remember any dates. I have now
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Never take advice from court staff.
Have you now ascertained who was driving?
Customer: replied 2 years ago.

Hi Jo

Thanks for the quick response. As stated - no one i spoke to regarding the matter has taken responsibility, and i cannot remember receiving a flash at any point myself.

Thanks

Dan.

Customer: replied 2 years ago.

Hi Jo

Thanks for the quick response. As stated - no one i spoke to regarding the matter has taken responsibility, and i cannot remember receiving a flash at any point myself.

Thanks

Dan.

PS forgot to mention before. the six points i have remaining on my license was for failure to provide the name of driver for another speeding offense where after 6 weeks of receiving the nip I wrote on the envelope " no contract returned to sender" later discovering that i was 5 and a half weeks to late and on receiving my summons i wrote i letter apologizing for my mistake saying i had been mislead by a internet site and wouldn't do that again ( i got back in my box) don'tknow if that will have any bearing on this case but thought you should know.

Expert:  Jo C. replied 2 years ago.
It isn't that simple I'm afraid.
Realistically, of course you will not be able to remember off hand but the law requires that you investigate and ascertain who was driving.
What steps have you taken to do so?
Customer: replied 2 years ago.

Well i have spoken to all the people that could have been driving i.e. anyone that has had access to the vehicle around the time of the alleged incident that i could think of.

However it was quite difficult to pinpoint a who drove it and when as i was having to cast my mind back from Sept 2014 when i got the summons (the first time i had any knowledge of the offense) to Feb 2014 when the offense took place.

I asked each one if they had remembered getting flashed by a gatso at the cameras location and they all said that it was nothing to do with them. They are all friends that i trust and anyone that would have been flashed i would expect to own up to it.

Is there anything else that i can do?

Expert:  Jo C. replied 2 years ago.
Well, is it really likely that they could all have been driving your car?
You have to remember that you have the burden of prove and Magistrates will compare your account against their life experience. We all live in houses with multiple cars but most of us don't drive each other's cars.
Customer: replied 2 years ago.

Many of my friends have periodic car trouble as do i. For those that have insurance that allow them to drive other vehicles so long as that vehicle is insured i am happy to let anyone borrow my vehicle if they are in need and regularly do anything to help a friend.

Whether its for MOT reasons, car breakdowns, or even that i can't be bothered to drive if we were going together to visit friends or the beach. I have had periodic back problems over the past year. There are many reasons.

I have just phoned round the friends in question trying to pinpoint in more details when they were driving the vehicle, if they can remember where they had driven and why and whether they remember getting flashed by a gatso. I am still no further forward

If it is my burden of proof to drag my friends into court and call them untrustworty over something trivial like a speeding ticket when it can only be one of them out of 6, and have them all bear their lives out in front of the court then i would just prefer to change my plea and plead guilty to the charge of exceeding the speed limit stating that i can have been the only person driving the car have followed my due diligence even though i don't remember being flashed and ask that i be allowed to go on a speed awareness course. Rather than risk loosing 5 innocent friends, which ever ones they may be.

With regards ***** ***** failure to provide the name of the driver and my extenuating circumstance, i.e. that i didn't receive notification and that my letters were sent to a non existent address. To satisfy the burden of proof would letters written and signed by:

1 My girlfriend stating that i was staying with her at her accommodation in kent and the dates i was there

2 a letter from customers and colleagues in Derby stating the dates when i was working there

3 A letter from my neighbour confirming that he had forwarded post to me on several occasions to my girlfriends address and not until we realised that the address was incorrect were we able to rectify the problem.

Is there likely to be a problem with my previous conviction of failure to provide the name of the driver?

Should i contact the prosecutor at all to see what evidence if any they are putting forward for the case?

When do i plead guilty to the charge of the speeding offence?

When can i ask for the option of going on the speeding awareness course?

my mum asks questions like this, sorry :)

Expert:  Jo C. replied 2 years ago.
They could try to introduce your previous as bad character but probably not.
There are two separate issues here. The trouble with this is that you don't know who the driver was? I don't know whether or not you are hoping to take advantage of your position? If you are then you are anonymous on here so it is safe to be clear with me. If I can be wholly honest, it is quite unlikely that they will accept your account on this basis. Although the incident was a long time ago the problem with is that it is just not really very credible to say that you cannot ascertain who was driving your car. If I give you a ridiculous example it might help to make the point. If the allegation against this driver were that he had been loitering outside schools trying to adduct a child then the registered keeper would find out fast enough his identity even if it was 10 years afte the event. The only real difference here is the seriousness of the offence.
The trouble is that I think most Magistrates think that our own personal vehicles are really only driven by one person most of the time and if another does drive then that is so exceptional that it could be recalled.
In any event, you are not really at that stage here. You are not being asked to name the driver. You are being asked now to plead or not to failing to identify. You did not identify. What you seem to be raising is the defence that you could not because you didn't get the S172 request which is a defence in principle.
The first point to make is that there is no point in letters. They are not admissible. These people either come to court to give this evidence on oath or their evidence will be disallowed.
Proceeding on the basis that they do and they are credible then probably the Bench would accept that the letter could have gone missing.
If it did go missing then you could not provide.
In relation to the speeding, they have no evidence that you were the driver so it will fall away. The purpose of having it on the indictment is to offer you an alternative count. Often CPS will drop the failing to identify if a person pleads to speeding. You can only do that if you know you were the driver though which is not what you are saying here.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo my girlfriend is not going to go to court. She is already fed up with the situation.

Is it too late to claim then that i was the driver but at the time of writing my original plea 4 days after receiving the postal requisition i had not remembered. It wasn't until a discussion with my girlfriend a couple of weeks later that i remembered i have just trying to stick to what i had written in my plea, which was that

"i didn't recollect the speeding fine occurrence" and that "there are 6 different people who have had regular access to my vehicle over the past 2 years. I have been trying contact them to see if they had any recollection of the incidence.This process is ongoing but out of the three that i have spoken to so far i am no further forward to resolving the issue. I have not been able to contact the other three yet but will keep trying."

I don't know whether my friend will give evidence in court yet but if he doesn't agree and they do take my license from me i fear that i could lose my girlfriend and family

Expert:  Jo C. replied 2 years ago.
It is not that it is too late. It is that you cannot 'claim' that you were the driver. You have to truthfully name the person who was. 'Claiming' that you were the driver is perverting the course of justice and people go to prison for that.
You can always get a summons for your girlfriend. Given that you rearranged your whole life around her over this period and you might argue that is the cause of your current difficulties it really isn't unreasonable that she attends court on one afternoon for you. It might be rather more reasonable if your friend were reluctant.
If your girlfriend will not attend court for you then I would not worry about the effect of loss of licence upon her. Her demands upon you have placed you in this situation. You worry about you. You are the important person. She can fight her own battles.
Customer: replied 2 years ago.

Will the CPS drop the failure to id if i plead guilty to the speeding, how would i go about that please.

Expert:  Jo C. replied 2 years ago.
Yes, they may do that. There are not guarantees but I used to prosecute traffic courts all the time and it is rare for CPS to press ahead if a person is offering a plea to speeding.
Customer: replied 2 years ago.

I do remember but i didn't at the time of sending in the plea i think i was feeling a bit rabbit in the headlights...

Would i contact the CPS before the court date, or on the day before going into court, or would i do it all in the court room

Expert:  Jo C. replied 2 years ago.
No, just approach the prosecutor on the day.
I do believe in making written representations but they are dangerous here because of the issues.
Customer: replied 2 years ago.

So once i speak to the prosectuor outside the courtroom and say that i would like to plead guilty to the speeding offence. do i ask the prosecutor about the speed awareness course or do i ask the magistrate that.

Expert:  Jo C. replied 2 years ago.
No, they won't offer the speed awareness course now.
But they may let you plead to speeding alone and drop the failing to identify. The Court would then just sentence you for speeding.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Jo, I really appreciate your help, i was very wary after reading a lot of bad reviews about Justanswers i will endevour to redress the review balance with a good positive review on a few sites. You highlighted some important issues for me and probably/hopefully saved me from loosing my license which will hopefully stop me dropping into a financial hole. I am really looking forward to my new job and the optimism (i believe ) is helping my prolapse discs to sort itself out. My girlfriend is wonderful, we never argue. However we have had a wobble recently due to finance.(it's the only issues families ever fall out about long term) I don't think it would be fair to force her to go to court so if i can avoid that i would definitley prefer that option.

Thanks again

Dan