How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I have received notice prosceution .

Resolved Question:

I have received notice for intended prosceution for speeding. i pleaded guilty and court date has been sent.The police say I have 9pts on my licence they expired in 2012. i checked with DVLA who confirmed my license is clean. I did not get the points taken off my counterfoil. can this prejudice my case
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.
Sorry but why do the police say you still have nine active points?
Customer: replied 1 year ago.

I don't know. They mentioned it in their statement provided to me. I did not send my counterfoil to DVLA to have it re -issued.

Expert:  Jo C. replied 1 year ago.
What are the dates of the points?
Customer: replied 1 year ago.

SP30 11.02.07

SP50 26.04.08

SP30 25.06.08

I'm being prosecuted for doing 100mls on the M25 at 08.38hrs

Expert:  Jo C. replied 1 year ago.
Those points do expire then. Whether you sent your counter part in or not, they are not active points.
I think though that the reason this is being sent to court is that the speed is very high proportionate to the limit. Normally for anything over 90mph in a 70 mph zone there would be a court summons.
The other points will not have any impact though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Should I attend court or plead guilty by post??

Expert:  Jo C. replied 1 year ago.
It depends what you want to achieve.
Generally speaking people who attend do get better sentences although only slightly.
But you may have better things to do than attend court and you can plead by post.
Customer: replied 1 year ago.

Thank you. I'm in a flux. I'm self employed I live in Bedfordshire and work at several locations between London & Essex. I normally work seven days a week. I really cannot afford to get disqualified as I have to drive to all the locations.

On that day I was working with young person with serious behavioural problems.

Expert:  Jo C. replied 1 year ago.
In that case it is probably better to attend. You can mitigate in person.
You probably won't be disqualified but you might want to be there to address the risk.
Jo C. and other Traffic Law Specialists are ready to help you