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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I was convicted of failing to give information of the driver

Customer Question

I was convicted of failing to give information of the driver of my motor vehicle following a speeding allegation evidenced by a lurking PC with a camera. the photo alleged 50mph in 40 mph area.
I was fined £500-00 as the alleged driver on this unproven charge. The camera picture did not however show the face of the driver and the magistrate found me guilty of being the driver entirely on the 'balance of probabilities'.
No clear concrete evidence was submitted proving 'beyond a reasonable doubt' that the conclusion was justified. 'Balance of probabilities' is civil law procedure. Defendants of criminal law allegations are entitled to the higher standard of proof of an alleged offence, i.e. prosecution must prove their case 'beyond a reasonable doubt'. I failed to realise this at the time.
I appealed to the Crown Court however but the verdict was upheld and I was charged a further £200-00 costs.
I have since realised that this verdict is unsafe and a corruption of my rights.
Unfortunately the appeal case was one year ago and the original magistrates hearing about six months earlier still. The magistrates hearing itself did not come to court for 12 months after the alleged offence. I want a judicial review of the case. Am I out of time and how do I go about applying for a judicial review if permitted.
I have written to the crown Court who referred me to The Royal Courts of Justice. No reply came to my first letter and I wrote a second time and a reply was received on 4-11-16 advising that applications must be made 'formally' and 'strongly advising independent legal advice for assistance for the furtherance of any legal claim.
I seek to recover my financial losses on this miscarriage of justice.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How much are you seeking to recover from the Police?