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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2327
Experience:  Owner at James Bruce Solicitors
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Need advice for magistrates court, Maidenhead berkshire, Had

Customer Question

Need advice for magistrates court
JA: Where are you? It matters because laws vary by location.
Customer: Maidenhead berkshire
JA: What steps have you taken so far?
Customer: Had a interview in person but the recording didnt record properly so have to go to court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 7 days ago.
Category: Law
Expert:  james bruce replied 7 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

Can you please explain what this is in relationship with?

Customer: replied 7 days ago.
In october last year my car was full of wood to take to the tip the next day but then my bf and I wanted to go out for some food, my car felt like it was struggling as it was just a pegeout 107 so shouldnt of loaded it so much. We pulled over and my exhaust was touching the floor so my boyfriend emptied a couple bits of wood into a bush where there was already bro***** ***** but a van pulled up and saw what he was doing. It was reported so I went for a interview and explained what had happened but the CD didnt record properly so now we have to go to court as there is not enough evidence
Customer: replied 7 days ago.
it ended up that it did break my car the exhaust came loose so I took it to mr clutch the next day and they welded the part back up but said I would need a new exhaust soon enough
Expert:  james bruce replied 7 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.

From your account, it appears that you may have been summons for fly tipping.

You would need to attend court for the offence. I would advice seeking help from a criminal law solicitor. The offence should be covered by legal aid.

The solicitor would ask for copies of the recorded interview and if these cannot be produced, make seek a dismissal of the case on a technicality. Although to be summons to court there does don't need to be an interview, but they still need sufficient evidence.

The court may not be impressed that the car was so heavily loaded with wood that the exhaust was on the road. That is an offence in itself. You would need to convince a court that you were not just going to abandon the wood in the bush. The court my be sceptical to believe that you would retune to collect it from inside a bush and that it was not just going to be left there.

If the court accept your account, that case would be dismissed, if not it would be fine.

Take your receipt from the garage with you as this could be good evidence to assist your case.

To find a solicitor I have attached the law society guidance.

It may be helpful to instruct a local solicitor who specialises in this area of law. You can find a local firm using the Law Society website. www.lawsociety.org.uk

Once on that website, you can click on the find a solicitor option located just above the Law Society logo. Select quick search, then select the area of law required and enter your post code. A list of local firms will then be displayed.

Customer: replied 7 days ago.
I dont have the car anymore as it would have been too expensive to repair all the parts in the end so I got a new car on finance which is making it a struggle with my finances now.
Expert:  james bruce replied 7 days ago.

You should get legal aid.

If the worst happened at court. The find would be several hundred pounds normally.You would make an offer £5 week which is normally accepted.

Customer: replied 7 days ago.
I dont think I qualify for legal aid I had a look yesterday:(
Expert:  james bruce replied 7 days ago.

Did you look at civil or Criminal legal aid?

If criminal and not eligible, you can still use the duty solicitor at court on the day, no charge for that.

Customer: replied 7 days ago.
I just googled legal aid. And went on the first link
Customer: replied 7 days ago.
Why has it gone to court when we both admitted what happened?
Expert:  james bruce replied 7 days ago.

That is up to the prosecution authority. They can caution is summons / charge to court. That would be their choice I am sorry to say.

Customer: replied 7 days ago.
I stayed in the car the whole time as I'm such a nervous driver so would I still get possibly fined even though I didnt move the wood
Customer: replied 7 days ago.
We wouldnt go to prison would we?
Expert:  james bruce replied 7 days ago.

If you were both in the car when the wood was put in the bush, then you could bothnbe liable for there offence.

As an entry level offence it would be a fine.

Customer: replied 7 days ago.
Do you have a link or number for the legal aid?
Expert:  james bruce replied 7 days ago.

For criminal legal aid you must apply via a criminal defence law firm.

You can use the online government calculator to see if you would pass for the legal aid.

https://www.gov.uk/guidance/criminal-legal-aid-means-testing

Customer: replied 7 days ago.
What happens if I dont pass that is there someone at the court that could help when we go there?
Expert:  james bruce replied 7 days ago.

There would be a court duty solicitor that you would be able to speak to and who could assist on the day.

Customer: replied 7 days ago.
What could be done on the fact that I drove the car if it was overloaded? I didnt know that it was :(
Expert:  james bruce replied 7 days ago.

Nothing will be done about that. The police would have to had stopped you in the vehicle to say it was a danger, so no need to worry there.

Customer: replied 7 days ago.
I worry about everything. You wouldnt know how much the fine might be if we get it?
Expert:  james bruce replied 7 days ago.

The fines can be unlimited, but as a rule of thumb and based on normal fines for such matters normal a couple of hundred pounds.

Customer: replied 7 days ago.
I'm so worried about it I been having panic attacks and chest gets tight I'll be calling my dr tomorrow. I just want it to be over
Customer: replied 7 days ago.
Should I plead guilty coz I said it was us when I had the original interview
Expert:  james bruce replied 7 days ago.

Really nothing to get over stressed about.

I would advice pleading guilty, if you don't, the matter would be ajouned for a trial most likely at the end of the year.

Pleading guilty would tie up with your admission already made. The case would be all dealt with in one go, the fine imposed and that would be the end of the matter.

Customer: replied 7 days ago.
Would it then be on my criminal record?
Expert:  james bruce replied 7 days ago.

Yes it would show on a DBS check and last for 11 years on the record.

Customer: replied 7 days ago.
Great:m :( it's not like we went out to do it and dumped a house worth amount. It's all so horrible
Expert:  james bruce replied 7 days ago.

Unfortunately, it cannot be undone, sorry.

Customer: replied 7 days ago.
Thank you for your help you've made me worry a little less
Expert:  james bruce replied 7 days ago.

Take care, don't worry. It has happed, it cannot be undone. At worst a fine. If you cannot pay it in one go, make an offer of £5 week. Courts almost always accept that.

Customer: replied 6 days ago.
I could probably offer a little more than that but will see what happens at the time. Can you think what would be the best way to word what had happened?
Expert:  james bruce replied 6 days ago.

Just explain as you already have done. That’s the best way. It will then match with what you already said happened.

Customer: replied 6 days ago.
But the recording didnt work so they only have some notes of when I did the interview
Expert:  james bruce replied 6 days ago.

Yes but they have those notes that can be read as evidence.

Customer: replied 6 days ago.
Oh ok. :( I just cant stop worrying
Expert:  james bruce replied 6 days ago.

Don’t worry it will all be sorted out at court, it is not as bad as people think when uou get there.

Customer: replied 6 days ago.
I just dont want them to think I'm a bad person and it was only done as I was getting nervous about driving
Expert:  james bruce replied 6 days ago.

Just explain that to them in court. It is not a defence, but is mitigation.