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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 80243
Experience:  Over 5 years in practice.
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I was caught speeding two years ago in May and I am in court

Customer Question

I was caught speeding two years ago in May and I am in court on 14th (via video link). As it is two years ago and my court date has been changed twice (by the court) can I ask that time served (of 2 years) be taken into account?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Northamptonshire. Rushden.
JA: Do you need to appear in court?
Customer: I now live in Scotland so attending court through video link
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need to attend because of possible driving ban.
Submitted: 12 days ago.
Category: Traffic Law
Expert:  Jo C. replied 12 days ago.

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

To clarify the offence was in UK?

and what was your speed over limit?

Customer: replied 12 days ago.
It was in UK and was about to enter roadworks that were 40 (normal speed on road is 70). My now ex husband had me drive his car because he hadnt completed paperwork for the cricket match he was coaching so I had to drive. He was shouting at me to get past the 3 lorries before the roadworks & camera van clocked me at 82.
Customer: replied 12 days ago.
do not want you to call, thank you
Customer: replied 12 days ago.
the car I was driving was a 2L turbo injection diesel estate (which I very rarely drove) and my car is a 1.2 petrol car
Customer: replied 12 days ago.
As I understand it I have to be prosecuted within 6 months. It has now been 25 months
Customer: replied 12 days ago.
I work with vulnerable children in Glasgow and Lanarkshire (part of Barnardo's PACe & Safer Choices teams) and need my car to do this. My children (14 & 21) still live in England so need to be able to drive to see them
Customer: replied 12 days ago.
When will I receive an answer, please?
Expert:  Jo C. replied 12 days ago.

I am currently in court but you will get an email when i reply - thanks

Customer: replied 12 days ago.
thank you
Expert:  Jo C. replied 12 days ago.

Thank you.

I'm sorry but I'm not sure what you mean?

What is the time served point?

Customer: replied 12 days ago.
By time served I mean that it is over 2 years after the event and surely to be given points now they should only be on my license for a couple of months of just a fine?
Expert:  Jo C. replied 12 days ago.

Thank you.

No, in short.

Delay is a consideration for most offences but speeding is fixed by law. So the penalty remains the same I'm afraid.

Expert:  Jo C. replied 12 days ago.

I am sorry but I have to tellyou the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer to everylegal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a countycourt judge in a civil case or from the magistrate in a criminal case heard inthe magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 12 days ago.
you havent answered my question at all!
Customer: replied 12 days ago.
this is a magistrates court and I am asking can they still give me points etc after such a long time?
Expert:  Jo C. replied 12 days ago.

Yes, I have.

You asked if it would be considered. It will not.

Expert:  Jo C. replied 12 days ago.

Your second question has been covered. Please read again.

Expert:  Jo C. replied 12 days ago.

Thank you.

No, in short.

Delay is a consideration for most offences but speeding is fixed by law. So the penalty remains the same I'm afraid.

07/06/2021 03:56