Seeking advice on motoring offence

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  • Dekota
    Dekota Posts: 1,164 Forumite
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    Would the magistrates really issue a warrant for arrest?! What a joke! Might aswell join ISIS by then and commit a proper offence warrant worthy.
  • RS2000.
    RS2000. Posts: 696 Forumite
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    Dekota wrote: »
    Would the magistrates really issue a warrant for arrest?! What a joke! Might aswell join ISIS by then and commit a proper offence warrant worthy.

    Yes, how else can they secure your attendance at court if you fail to appear.

    I see you haven't lost the attitude.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    Dekota wrote: »
    Would the magistrates really issue a warrant for arrest?! What a joke! Might aswell join ISIS by then and commit a proper offence warrant worthy.
    And you made the point in your OP about getting stick in previous threads for your attitude. Not a lot has changed then.
  • Car_54
    Car_54 Posts: 8,225 Forumite
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    The seatbelt offence is non-endorsable, and a guilty plea should attract a low fine.

    If you plead NG and are found guilty, you will have to pay the fine plus prosecution costs of £620 and the new criminal court charge of £150.

    Since you don't appear to have any defence, it seems a simple choice.
  • Johnmcl7
    Johnmcl7 Posts: 2,817 Forumite
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    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.


    Your outcome was a standard one within the guidelines, when there's multiple endorsable offences the normal approach (although not one they have to stick with) is to give the points for the most serious endorsable offence (six points for no insurance for your case), fines for all the offences (which with an early guilty plea and low income can mean lower than expected overall fine) and one set of costs. So it wasn't a fluke or luck that you got that result and certainly if you're pleading guilty to the offences anyway, they have accurate details of your income (to make sure you're fined correctly) and not trying to get a CoFP level penalty/fine then there's not much to be gained going to court.


    Certainly for the OP I can't see much gained in attending court when they admit they're guilty of the mobile phone offence which is the main one to worry about particularly as insurers increasingly don't like that offence. The seat belt offence is non-endorsable and a low penalty and given it's going to be a crapshoot to defend, it may well not be worth the time and money to go to court.


    john
  • Iceweasel
    Iceweasel Posts: 4,708 Forumite
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    Dekota wrote: »
    Would the magistrates really issue a warrant for arrest?! What a joke! Might aswell join ISIS by then and commit a proper offence warrant worthy.

    i read down as far as this post and it's now clear why you got some stick last time.

    You obviously have little respect for the law, and/or you think that seatbelts and phones are not very important.

    It's not possible in a Western democracy to pick and choose which laws are 'proper' and which are not.

    You have indeed been charged with a proper offence - two of them in fact. You are alleged to have committed a crime. It's certainly NOT a joke.

    And yes they could rightly issue a warrant for the arrest of any alleged criminal for non-attendance.

    Check with Pepipoo and then make a decision yourself as to what to do.

    But my advice would be to attend court and speak and look as though you truly have some remorse for breaking the law.

    I can well imagine that that is difficult for you.

    Good luck.
  • RS2000.
    RS2000. Posts: 696 Forumite
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    Car_54 wrote: »
    The seatbelt offence is non-endorsable, and a guilty plea should attract a low fine.

    If you plead NG and are found guilty, you will have to pay the fine plus prosecution costs of £620 and the new criminal court charge of £150.

    Since you don't appear to have any defence, it seems a simple choice.

    Where do you get the £620 prosecution costs from? Pepipoo.

    I've not seen anyone charged anywhere near that in a magistrates court.
  • Astronaughtwannabe
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    There won't be an arrest warrant for failing to attend. You'll just be found guilty in absence. Yes, costs will be circa £600. It was in your interest to accept the CoFPN, but now it's too late.

    Unless you have a realistic chance, you'd better write a contrite letter pleading guilty.
  • RS2000.
    RS2000. Posts: 696 Forumite
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    There won't be an arrest warrant for failing to attend. You'll just be found guilty in absence. Yes, costs will be circa £600. It was in your interest to accept the CoFPN, but now it's too late.

    Unless you have a realistic chance, you'd better write a contrite letter pleading guilty.

    Just where exactly are these magistrates courts where CPS are asking for and being awarded £600 in costs?
  • Iceweasel
    Iceweasel Posts: 4,708 Forumite
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    There won't be an arrest warrant for failing to attend. You'll just be found guilty in absence. Yes, costs will be circa £600. It was in your interest to accept the CoFPN, but now it's too late.

    Unless you have a realistic chance, you'd better write a contrite letter pleading guilty.

    How can you be so sure that an arrest warrant wouldn't be issued?

    I feel that it's perfectly possible - just as being found guilty in your absence is possible.

    How does one work out the odds of one rather than the other?
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