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: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I received a summons speeding offence 10 days ago

This answer was rated:

Hi, I received a summons for a speeding offence 10 days ago stating that the court are considering disqualifying me from driving. The summons date is in the middle of a previously booked family holiday so I have written, emailed and telephoned the Magistrates court over the past week or so but they are forwarding my request to Norfolk Police who are not responding. I need to know now otherwise I will have to cancel or pay for my holiday in full (£10k) on the off chance that they will not move the hearing.
We are supposed to be leaving next Thursday. Is it possible to get a solicitor to appear instead of me if I am away on holiday? Or is there a way of forcing an answer out of a so far silent Norfolk Constabulary?
Hello what was the speeding offence exactly?
Customer: replied 2 years ago.
52 in a 30, I received and responded to the NIP in good time and subsequently received the option to plead guilty by post, which I did - they then decided following the first hearing that they'd like me to appear as they were considering disqualifying me.
Why are they considering disqualification? Do you have previous points?
Customer: replied 2 years ago.
Previous to the offence none, but then about a week afterwards I was caught doing 82 in a 70 and have paid a fixed penalty and have three points.
Customer: replied 2 years ago.
How long will this question take for you to answer?
Sorry I am just traveling home and need to check a couple of things on this once back o I will get back to you this evening if that is ok?
Customer: replied 2 years ago.
That's fine.
Sorry for the delay.
Is this Norfolk Magistrates Court?
Customer: replied 2 years ago.
Norfolk and Suffolk Police, Ipswich Magistrates Court to be heard at Bury St Edmunds Courthouse.
I know Bury well. There will be no admin centre there.
You have a variety of options. I have to say that generally a court will agree to an adjournment in the case of a pre booked holiday. They would want to see evidence of that but that shouldn't be too difficult.
I wouldn't recommend just going and relying on court staff to put your request before them. In fact, I wouldn't rely on court staff for any reason.
If you can bear the cost then you can answer your summons by sending a solicitor along on your behalf. What he cannot do though is give evidence for you but he could ask for an adjournment. That said, if you instructed a firm locally they could probably negotiate with the court to get the date moved anyway.
It is very unlikely that they will ban you for doing 52 mph in a 30 mph zone. They will add 6 points and fine you. It is probably fairly safe to rely on that. Even if they did ban you it would be for such a short period of time that it would be over with before you returned from holiday! But the ban would have a horrendous effect on your insurance.
Can I clarify anything for you?
Customer: replied 2 years ago.
But why then did they not take the opportunity to fine me and give me points when I pleaded guilty by post?
Probably because they were considering a ban because it is within the sentencing guidelines and you have the right to make representations.
Customer: replied 2 years ago.
OK - I have over the past week contacted Ipswich Magistrates Court in writing by post, by email and over the phone and they say that in order to get the trial postponed they have to get the permission of Norfolk Constabulary...this is what we are waiting for without success. I will make contact with a Bury St Edmunds Solicitor tomorrow and get put them on standby to represent me as a last resort, though I fear that my failure to attend could put a Magistrate in disqualifying frame of mind. We shall see.
They shouldn't increase the sentence for that reason.
In fact, you are on a summons so there can be action taken against you for not attending unless they are going to bring a contempt prosecution which is not going to happen.
I would imagine they would be happy to adjourn if you provide evidence you are away.
Customer: replied 2 years ago. there 'can' be action taken against me??
Customer: replied 2 years ago.
I too imagine they'll be happy to adjourn...but we can't get a response out of them - this is the problem.
Well, only in theory.
The contempt proceedings can be used for any disobedience of a court direction but it almost never is.
In fact, you can send a solicitor to answer a summons on your behalf anyway so if you do that there is no contempt.
Customer: replied 2 years ago.
OK - That wraps it up then. Thanks for your help.
No problem and all the best.
Please remember to rate my answer.
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 Jomo1972’.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks - have a good evening,