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Driving ticket - incorrect paperwork

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Comments

  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    So you wanted to measure your man hood and your ability to google legal info.

    So you just waste peoples time basically.

    I have never seen a district judge in a magistrates court which is were this will go if the op rejects the FPN.

    They will then need to employ a legal council if they don;t have full legal cover on there car insurance and that if they havent told them to take FPN already.

    Its barley 50/50 thats madge doesn;t take the coppers statement as gosbel.

    I have yet to meet a duty solictor who will fight someone cause on FPN. They like getting burgulars off so they can break into someone elses house.

    So take 60 and 3 points as they failed to comply with the light. If they had kille your love one you would be going to sun saying the got off cause the copper got the bloody road wrong!

    Aren't strict liability offences (road traffic offences) not heard by magistrates anymore (or at least in ninety per cent of cases), are they not are heard by District Judges (or as formerly known as Stipendiary Magistrates), is it not considerably cheaper and more efficient? I would have thought that even an ex-police officer would have known that.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bingy_burge
    bingy_burge Posts: 618 Forumite
    d.ross wrote: »
    And you know that for sure with you limited legal experience do you??

    If the OP follows your advice it could cost them a fortune in legal fees, and they could still get a fine and ponts. However if they take the fixed penalty they get a £60 and 3 points. So which do you think is the best advice for them to take?

    Exactly If the OP has totted up points and stands to lose the licence and job etc.. Then this might be worth fighting it but if they can take 3 points on their licence they would be wise.

    They op has been accused (and has admited the offence stating the mis judged their stopping distance) of failing to comply with a traffic signal which when I lasted looked fell under the road traffice act and is not criminal offence anyway hence you dont get a criminal record. Indictment forms part of criminal law.
  • d.ross_2
    d.ross_2 Posts: 593 Forumite
    Flyboy152 wrote: »
    Aren't strict liability offences (road traffic offences) not heard by magistrates anymore (or at least in ninety per cent of cases), are they not are heard by District Judges (or as formerly known as Stipendiary Magistrates), is it not considerably cheaper and more efficient? I would have thought that even an ex-police officer would have known that.

    Not if the OP accepts the FPN.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    d.ross wrote: »
    And you know that for sure with you limited legal experience do you??

    If the OP follows your advice it could cost them a fortune in legal fees, and they could still get a fine and ponts. However if they take the fixed penalty they get a £60 and 3 points. So which do you think is the best advice for them to take?

    But I haven't given anyone any advice.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bingy_burge
    bingy_burge Posts: 618 Forumite
    Flyboy152 wrote: »
    Aren't strict liability offences (road traffic offences) not heard by magistrates anymore (or at least in ninety per cent of cases), are they not are heard by District Judges (or as formerly known as Stipendiary Magistrates), is it not considerably cheaper and more efficient? I would have thought that even an ex-police officer would have known that.

    You did offer Chris Huhne legal advice didn't you?

    :T
  • d.ross_2
    d.ross_2 Posts: 593 Forumite
    Flyboy152 wrote: »
    But I haven't given anyone any advice.

    Apart from giving them the impression that they could take this to court and win.....which could be very costly for them.

    It's better to give no advice at all than to give bad advice.
  • bingy_burge
    bingy_burge Posts: 618 Forumite
    Flyboy152 wrote: »
    But I haven't given anyone any advice.

    Ok if the op takes your suggestion that they state they were not on the road on FPN that they signed at the road side.

    On the basis the if its heard in front of district judge instead of magistrate that he most likely through it out.

    That is what you have suggested will happen.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    You did offer Chris Huhne legal advice didn't you?

    :T

    Oh grow up. I can see why you couldn't hack in the police service.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Ok if the op takes your suggestion that they state they were not on the road on FPN that they signed at the road side.

    On the basis the if its heard in front of district judge instead of magistrate that he most likely through it out.

    That is what you have suggested will happen.

    Where did I ever suggest such a thing?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • d.ross_2
    d.ross_2 Posts: 593 Forumite
    Flyboy152 wrote: »
    Oh grow up. I can see why you couldn't hack in the police service.

    Now you are throwing insults....calm down
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