Seeking advice on motoring offence

Dekota

The last time I posted on this forum about this I got a lot of stick about my attitude and such but this time, I hope for some genuine constructive advice..

In feb, while I was driving to a service user's house (I'm a care worker in the community) I used my mobile phone to check the address of my client and I was stopped by an officer who informed me of my offence but I was unsure of what he meant by when he said 'I am cautioning you ...' so I kind of said I don't accept the caution, which was daft in retrospect, I simply mistook it as being a police caution.

Now today I've received paperwork that I am to attend the magistrates court for the offences of driving whilst using handheld device and also driving whilst not wearing seat belt.

I didn't dispute my use of the phone to the officer at the time but I did insist that I was wearing my seat belt as he himself should have seen when he approached my car. If having plead guilty by post for the first offence and not guilty for the second offence, how likely is it that the court will pursue me for not wearing a seatbelt?

As I understand it, this would be a non-endorseable offence had it have occured and it is one that is very difficult for me to defend or prove against. The only defense I have is I was in my tunic uniform and the officer would have either had a side or a rear view of me from which it would have been difficult to ascertain if I was wearing it.

Any advice regarding this will be kindly taken

RS2000.

If you plead not guilty to the seatbelt they are probably likely to go to trial. If you plead guilty to both you may not get any separate penalty for the seatbelt.

The choice and gamble is yours, you should really be seeking proper legal advice not best guess on a forum. But then all that costs and if you are fined for the seatbelt it may only be a few quid, certainly less than the cost of a solicitor.

Dekota

RS2000. wrote: »

If you plead not guilty to the seatbelt they are probably likely to go to trial. If you plead guilty to both you may not get any separate penalty for the seatbelt.

The choice and gamble is yours, you should really be seeking proper legal advice not best guess on a forum. But then all that costs and if you are fined for the seatbelt it may only be a few quid, certainly less than the cost of a solicitor.

So far I have had advice from a solicitor to plead guilty to use of handheld device and not guilty to the seatbelt and the solicitor said there is a possibility the judge will drop the second offence

Or he said I can defend against it in court with a solicitor's help at a cost of around £400 fees.

The reason I am wary of pleading guilty to both is because for one I'm admitting guilty for an offence that I've not commited and secondly if they are recordable offences then by virtue of having two convictions, they'll show on my enhanced criminal record and in-line with the new filtering rules of convictions, they will stay on my record indefinitely. Which for me is a body blow in terms of my career prospects.

RS2000.

Dekota wrote: »

So far I have had advice from a solicitor to plead guilty to use of handheld device and not guilty to the seatbelt and the solicitor said there is a possibility the judge will drop the second offence

Or he said I can defend against it in court with a solicitor's help at a cost of around £400 fees.

The reason I am wary of pleading guilty to both is because for one I'm admitting guilty for an offence that I've not commited and secondly if they are recordable offences then by virtue of having two convictions, they'll show on my enhanced criminal record and in-line with the new filtering rules of convictions, they will stay on my record indefinitely. Which for me is a body blow in terms of my career prospects.

Well pay £400 and you'll still have a conviction for the phone and there is no guarentee you'll win the seatbelt so you may end up with a second.

I seriously doubt a conviction for no seatbelt will prevent you gaining work as a carer, given the fact you'd already have one for using the phone.

Quentin

Pepipoo is the best place for this

Moto2

I've just had and enhanced CRB (or whatever they're called now) - there are no driving offences on it.

......and I did get quite a few when I was young and daft

Dekota

Moto2 wrote: »

I've just had and enhanced CRB (or whatever they're called now) - there are no driving offences on it.

......and I did get quite a few when I was young and daft

That's if it hasn't gone to court.

There's not much point me turning up to court if I have to admit guilt to both, I've got good mind to ignore all this and let them do as they please.

RS2000.

Dekota wrote: »

That's if it hasn't gone to court.

There's not much point me turning up to court if I have to admit guilt to both, I've got good mind to ignore all this and let them do as they please.

Found guilty in your absence is likely.
Maximum fine for both offences.
Warrant for your arrest for failing to appear.

Yes, burying your head in the sand is an excellent idea.

neilmcl

Dekota wrote: »

I've got good mind to ignore all this and let them do as they please.

Yeah, you do that and see what that gets you.

sparkychris

RS2000. wrote: »

Found guilty in your absence is likely.
Maximum fine for both offences.
Warrant for your arrest for failing to appear.

Yes, burying your head in the sand is an excellent idea.

When i was young and reckless, I chose not to appear in court (it was an option) charged with driving with no licence, L plates or insurance.

I was pleasantly surprised at the outcome.

I got 6 points on my provisional, a reasonable fine (for the lack of insurance) and let off the other stuff....

I'm not suggesting the OP does so, am just offering my experience.

Moto2

Dekota wrote: »

That's if it hasn't gone to court.

Oh no, I definitely went to court many times

Besides, doing 132mph on the A1 usually gets you a court date