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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75499
Experience:  Over 5 years in practice
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My husband is being prosecuted for failing to provide

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Hi , My husband is being prosecuted for failing to provide information over an alleged speeding offence.The car involved was a lease car , the address information that the lease company provided when asked was incorrect and consequently he knew nothing about this until 8 months after the incident. A statement has been provided to the court to this effect. He has plenty of evidence to show that he was previously unaware of the matter , the court are carrying on with proceedings , what can we do ?
JA: Where is your husband? It matters because laws vary by location.
Customer: We are in Scotland , the court is in England
JA: What steps has your husband taken so far?
Customer: he has provided a statement witnessed and signed by a solicitor that he was previously unaware of the matter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that's it , thanks

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

did the offence happen in UK?

Customer: replied 4 days ago.
Yes it did

Ok, when are you in court?

Customer: replied 4 days ago.
January the 22nd

Thank you.

 

If you attend court an offer a plead to speeding in exchange for dropping the failing to identify then they would probably accept that.

 

Failing that, you do have a defence to the charge of failing to identify as if you didn’t receive the S172 notice then you couldn’t name the driver. You would have to give evidence and you would have to be reasonably credible on the point but they can’t gainsay this account so there is a good chance.

 

Can I clarify anything for you?

 

Jo

Customer: replied 4 days ago.
It was NOT reasonably practicable for him to give the requested information ( identity of the driver) as he did not receive the request due to not having lived at that particular address for more than a year, something the leasing company were aware of( there is e-mail proof of this ).

Yes, that is what I just said?

Customer: replied 4 days ago.
crossed posts there

Thank you for your response

No problem and all the best.

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Customer: replied 4 days ago.
Thank you for your help , much appreciated.