Advice Needed – Speeding Ticket & Court Hearing next week

Neo14

Hi everyone,

I really appreciate some advice and guidance about a situation I’ve found myself in.

When I moved to Leeds, I unfortunately drove at 36mph in a 30mph zone. A Notice of Intended Prosecution (NIP) was sent to my old address because I hadn’t yet updated my V5C (my mistake, I know). By the time I updated the V5C, the next letter reached my new address — this time it was a Single Justice Procedure Notice (SJPN).

The SJPN listed two offences:

1. Failing to give driver information

2. Speeding (36mph in a 30mph zone)

I filled in the form and sent it back:

1. I pleaded not guilty to “failing to provide driver information” because I never received the original letter.

2. I pleaded guilty to the speeding offence (I requested and received the camera calibration certificate and picture, so I accept that part).

I also included some background about my circumstances — I’m a full-time doctor with a very busy schedule, and at the same time my wife was undergoing treatment and had an operation. I realise this isn’t an excuse for speeding, but I hoped they might take my situation into account.

Now, I’ve been told I have a court hearing next week.

My questions are:

What should I expect at the hearing?

How should I present/respond when I’m there?

Has anyone else been through a similar process, and what was the outcome?

Also, I’ll be moving house shortly after the court hearing. What’s the correct way to update my address with the court so I don’t miss any future correspondence?

Any guidance, experiences, or tips would be really appreciated.

Thanks in advance!

daveyjp

Slightly different situation, but it involves a house move and further complication, but be honest and there should be nothing to worry about.

A friend was recently made aware of a driving ban due to 'totting up'.  They had no received an paperwork so had no idea why, but the ban was immediate - as someone who needs a vehicle to do their job this was an issue.

They applied to court indicating they had received no paperwork, possibly due to a recent house move.  The process was reset.  They attended a hearing online.  Apparently it was 6 points for phone use whilst driving - they have 6 points already hence the ban - and it was a roadside stop, they haven't been stopped.

 Within a minute it was obvious it was a mix up as the car type and reg didn't match their vehicle - the stop was also in a town they have never been and they had appointments evidence showing they were elsewhere at the time.

Case dismissed, points removed, no ban.  They do need to attend another court hearing in a few weeks as part of the procedure, but they can drive again from the end of this week.

TooManyPoints

Slightly different situation,...

I would suggest an entirely different situation and not much help to the OP. This is not  case of mistaken identity. He did not receive the paperwork because he failed to update his V5C. Both charges have been properly brought against the correct person.

What you should have done was to have pleaded not guilty to both charges and offered to plead guilty to speeding on the condition the “Fail to Provide Driver’s details” (FtP) is dropped. 

Unfortunately you are not really in  position to undertake this deal. Your "leverage" was to offer to plead guilty to speeding but only on the condition that the FtP charge is dropped. But you've already pleaded guilty to speeding and - theoretically at least - could face a penalty for that as well as a trial for the FtP charge (against which you do not have a realistic defence). 

However, most courts and prosecutors treat these two offences as alternatives and you may find that they operate it without you asking.

Some courts are now undertaking this "deal" under the Single Justice procedure with no attendance being necessary. Others still require your attendance. Yours is obviously the latter. 

As they require your attendance to answer he NG plea you will have to attend and negotiate the deal as outlined above. 

Your mitigation to the speeding offence is unlikely to have any effect on sentencing.

born_again

Neo14 said:

Hi everyone,

I really appreciate some advice and guidance about a situation I’ve found myself in.

When I moved to Leeds, I unfortunately drove at 36mph in a 30mph zone. A Notice of Intended Prosecution (NIP) was sent to my old address because I hadn’t yet updated my V5C (my mistake, I know). By the time I updated the V5C, the next letter reached my new address — this time it was a Single Justice Procedure Notice (SJPN).

The SJPN listed two offences:

1. Failing to give driver information

2. Speeding (36mph in a 30mph zone)

I filled in the form and sent it back:

1. I pleaded not guilty to “failing to provide driver information” because I never received the original letter.

2. I pleaded guilty to the speeding offence (I requested and received the camera calibration certificate and picture, so I accept that part).

I also included some background about my circumstances — I’m a full-time doctor with a very busy schedule, and at the same time my wife was undergoing treatment and had an operation. I realise this isn’t an excuse for speeding, but I hoped they might take my situation into account.

Now, I’ve been told I have a court hearing next week.

My questions are:

What should I expect at the hearing?

How should I present/respond when I’m there?

Has anyone else been through a similar process, and what was the outcome?

Also, I’ll be moving house shortly after the court hearing. What’s the correct way to update my address with the court so I don’t miss any future correspondence?

Any guidance, experiences, or tips would be really appreciated.

Thanks in advance!

Put postal redirection in place...

HedgehogRulez

Stop speeding?

Arunmor

HedgehogRulez said:

Stop speeding?

There's always one.

Let those without sin cast the first stone.

facade

Arunmor said:

HedgehogRulez said:

Stop speeding?

There's always one.

Let those without sin cast the first stone.

clunk.....

My maxim is "If you want to throw stones, first step out of the greenhouse".

MyRealNameToo

Neo14 said:

Also, I’ll be moving house shortly after the court hearing. What’s the correct way to update my address with the court so I don’t miss any future correspondence?

Set up mail forwarding with Royal Mail, it takes a couple of weeks for them to set it up so do it as early as possible, you can set an effective date.  Personally would always set it up for 1 year as inevitably there is stuff that is only sent as an annual statement which you may miss if you set it up for shorter. 

Neo14

Can I raise the following points in my defence/mitigation at the hearing. I also have written proof to support each of these points below:

1. I have a history of co-operating in the past — for a previous speeding ticket I responded straight away and attended the speed awareness course.

2. Ongoing health issues in my family — my wife had an operation the same month.

3. Generally a clean driving history — apart from these two speeding matters, I have no other speeding offences in 12 years (since got the liscense).

4. I work full time as a doctor with a very busy schedule and often move house. I genuinely forgot to update my V5C after moving this time, I have learnt from this and will be careful in future .

Can I actually read my written defence in court (rather than relying on memory, and talking), as for sure I’ll be quite nervous speaking?

TooManyPoints

As you have been told elsewhere, you are not defending the speeding charge. You have already pleaded guilty to it and the factors you mention are unlikely to make any difference to sentencing.

You need to concentrate on getting the prosecutor to drop he FtP charge.

Isthisforreal99

Neo14 said:

Can I raise the following points in my defence/mitigation at the hearing. I also have written proof to support each of these points below:

1. I have a history of co-operating in the past — for a previous speeding ticket I responded straight away and attended the speed awareness course.

2. Ongoing health issues in my family — my wife had an operation the same month.

3. Generally a clean driving history — apart from these two speeding matters, I have no other speeding offences in 12 years (since got the liscense).

4. I work full time as a doctor with a very busy schedule and often move house. I genuinely forgot to update my V5C after moving this time, I have learnt from this and will be careful in future .

Can I actually read my written defence in court (rather than relying on memory, and talking), as for sure I’ll be quite nervous speaking?

1. Well of course you co-operated as failure to do so would lead to harsher sanction. No more than the normal person would do.
2. Not seeing the relevance. You managed to do other routine things?
3. I have 30+ years with never a point/fine but wouldn't even try and use that as mitigation.
4. Other busy people manage to do what the law requires.