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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69536
Experience:  Over 5 years in practice.
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Good morning, could you tell me where i stand with this please. I

Resolved Question:

Good morning, could you tell me where i stand with this please.
I was arrested last night at home for dui, i'm reading through my charge shert and it names a road i was driving on, where the alledged offence took place, yet i never drove down this road last night. I could prove this as i have a dash cam fitted to my car.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You mean drink driving or driving uninsured?
Customer: replied 1 year ago.
Good morning jo, i mean drink driving
Expert:  Jo C. replied 1 year ago.
OK.
If the location is wrong then you can plead not guilty on that basis as indeed you were not driving in the place they allege.
However, you do run the risk that they will just find the error and correct it and then you would have to plead guilty. You used to be able to get full credit at that time because it was the first time the correct charge had been put but there are some obnoxious district judges now who will say it is incumbent upon you to point out errors like that. I have to say that I don't think they are right in law but until somebody appeals a decision like that we will not get clarification on that.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69536
Experience: Over 5 years in practice.
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