shaking like a leaf -court summons for speeding

blackcoffee

Ive just reeceived a letter from local police force with a court summons, 35mph in a 3omph zone. I put my hands up to that if this happened i accept the fine and any points. Im normally realy careful. Im a sahm with 3 little ones.

however there a 2nd charge of failing to give information relating to identification of the driver of the vehicle, (this offence also carries penalty points) which Im a bit confised about, as this is the first Ive heard about this offence ( offence dated 26/08/09)

Im a nervous mess, and almost broke down when i read this, as Ive never been in trouble with the police before.

does anyone know what the 2nd offence means, I havnt avoided anyone. Oh and the court date - Im on holiday !

Im going to plead guilty by post for the speeding offence, but not guilty for the 2nd as i dont know what that charge relates to. Is that ok ?

redux

In respect of the second part, they probably think they have written to you about this before, asking who was driving the car, and you didn't respond.

That imaginary letter may also have been just for a fixed penalty if you responded in time.

Can you phone them up and ask about this and say you never saw such a letter?

I'm not an expert, but I hope that if there was originally an offer of fixed penalty fine or a course, that they would revert to that and cancel the hearing.

blackcoffee

having calmed down a bit .. that is what i now think the 2nd charge is about, there is unfortunatly no telephone number i can call.

The forms that needs filling in is realy invasive, I have to fill out a full financial state of affairs ! omg that is so invasive, what sort of fine will I be given ? do I honestly have to fill all that in, we arn't on benefits etc. so I imagine i can pay the fine on the spot.

sarahg1969

If you did not receive a NIP within 14 days of the alleged offence, as you say, then you may have a Defence.

I would recommend posting on the forums on www.pepipoo.com.

blackcoffee

I have posted this message on that board, thank you both for replying.

Coblcris

The second charge is the most serious. A S.172 offence carries 6 points and a significantly higher penalty.
It is normal to send NIP and a reminder and these appear not to have arrived - as per above posts this is the larger issue.

Absent an admission that you were driving they cannot lawfully convict you of both. It is possible to be convicted of both if you supply the admission of driving after 'committing' the S.172 offence.

I do not mean to make you more nervous but you have to be made aware of the challenges faced.
There are statutory defences to S.172 charge but the courts do not like them.

It is with much regret that I have to inform you that you will not recieve reasonable. sympathetic or even fair treatment from the CPS or, probably, from the court itself.
You need to prepare well.
I have looked at the recommended web site and there is indeed a plethora of good specialist knowledge in these matters.

At that speed it is likely that a speed awareness course would have been offered. Now matters have reached this stage it is unlikely to be offered.

The best result seems likely to be three points and the minimum fne but to make that possible you have to admit to being the driver and then that opens up the possibility of conviction for speed and the S.172 which would be nine points and significant anount in penalties.
Yes it is a Catch-22 situatuon.
You need guidance to traverse this thorny path.
You need specialist assisitance. Especially with the planned holiday, you do not want to be convicted in your absence. Start with the recommended web site. In my opinion the guidaance on there from the experts in these matters is good and exceeds tthe expertise of most CPS prosecutors and that of Legal Advisors (who are aids to The Bench).

blackcoffee

Ive just rang the court - i found a number on one of the documents, the man was realy helpful, he said as i have a clean licence, that the 2nd offence is only normally considered if the 1st offence is ticked not guilty. He told me to write a note informing the court that i would of paid the fixed notice if i had received it.

cobclis - does that mean i could lose my licence ????

Coblcris

Not with zero points already - I take it have held your licence longer than two years ?

Try to approach this calmly.

You chould be able to get this down to three points and the minimun fine (sixty pounds) and negate the need to go to court if this is handled well.

blackcoffee

yes Ive had my licence since 1998.

Idiophreak

Have to say, I had a speeding fine through a couple of months back - and everyone I had to speak to as a result seemed thoroughly calm and understanding...They're not to be feared...

Coblcris

Stop fretting then.