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Seeking advice on motoring offence

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  • Iceweasel
    Iceweasel Posts: 4,880 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    robatwork wrote: »
    I happen to agree with this, as to plead guilty is the same as saying "I did that", and in this case you would be lying to court by saying you did it if you didn't. Some kind of reverse perjury.

    Anyway, let us know how your day in court goes.

    I actually agree too - but the reality is you can plead not guilty - then be found guilty - by a system that is loaded against the individual - so you end up as classed a liar - in addition to being a convicted law-breaker.
  • Car_54
    Car_54 Posts: 8,837 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Iceweasel wrote: »
    I actually agree too - but the reality is you can plead not guilty - then be found guilty - by a system that is loaded against the individual - so you end up as classed a liar - in addition to being a convicted law-breaker.

    In this case the OP intends to plead guilty on the phone offence, so she will already be a convicted criminal. Pleading guilty to the seatbelt offence will have very little additional impact.

    Whether she is a liar or not is a different question, and largely irrelevant: she certainly has told us different versions of the truth.
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    If a police officer gives evidence on oath that you weren't wearing a seatbelt, your chances of success are about 0%.

    Forget your principles and plead guilty to keep costs down.
    What will your verse be?

    R.I.P Robin Williams.
  • MHartley
    MHartley Posts: 27 Forumite
    I only have experience of the Scottish legal system but I'd imagine it's similar in England and Wales. In Scotland when someone is charged with more than 1 offence we often use plea bargaining, ie you plead guilty to 1 offence if the CPS accept a not guilty plea for a second, lesser offence. In my case I was charged with having a tyre below the minimum tread depth and having a defective exhaust. The Procurator Fiscal (the Scottish equivalent of the CPS) agreed to accept a not guilty plea regarding the exhaust if I pleaded guilty to the tyre.
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    MHartley wrote: »
    I only have experience of the Scottish legal system but I'd imagine it's similar in England and Wales. In Scotland when someone is charged with more than 1 offence we often use plea bargaining, ie you plead guilty to 1 offence if the CPS accept a not guilty plea for a second, lesser offence. In my case I was charged with having a tyre below the minimum tread depth and having a defective exhaust. The Procurator Fiscal (the Scottish equivalent of the CPS) agreed to accept a not guilty plea regarding the exhaust if I pleaded guilty to the tyre.

    How did that get anywhere near a court? South of the border you'd expect to be issued with a fixed penalty notice at the roadside for the tyre and perhaps also a non-endorsable one for the exhaust or just told to get it sorted.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    RS2000. wrote: »
    Yes, how else can they secure your attendance at court if you fail to appear.

    I see you haven't lost the attitude.


    I've not heard of a warrant for arrest for a 3 point endorsement and a non endorseable offence.

    More likely they will find guilty in absence and fines and fees getting high as no guilty plea to minimise the damage. If no action then it goes to bailiffs.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
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    Mercdriver wrote: »
    I've not heard of a warrant for arrest for a 3 point endorsement and a non endorseable offence.

    More likely they will find guilty in absence and fines and fees getting high as no guilty plea to minimise the damage. If no action then it goes to bailiffs.

    Warrants are issued, not for the original offence necessarily but for any subsequent offence. Non payment, non appearance etc.
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