Hi All,

I'd appreciate with thanks any advice regarding this case:

I was stopped on motorway by cop early Nov last yr for reasons I dispute. He said he thought I was looking down on my lap and my car was wandering but steady in the lane.

He drove very close to rear of my car indicating red instead of blue light; this was confusing as I didn't know he was coming after me; couple with fact I was not doing anything reckless (not speeding, etc).

Noticing that I didn't think he was intending me to stop he drove to hardshoulder as if to overtake me but slowed down side by side to my car; then I realise his intension; so I slowed down made eye contact and he pointed to hardshould and said stopped; then I stopped and switched on the hardshoulder.

He then checked everything: mot, docs, tyres, etc.. everything was fine. He then turnaround and said he will report me for remaining stationary on lane 1. I said no I slowed down I didn't stopped.

After 2 weeks I received fixed pcn 3pts and £100 which I turned down.

After about I received single justice notice I plead not guilty; then the following month a got summon for full hearing initiated by chief constable.

I did request for evidence from cto for alleged offence they said no video or camera evidence; that only evidence is statement of said officer.

I read said officer with a big surprise especially where claimed he indicated blue light and I only wish there was camera evidence.

I'm not financial bouyant to pay solicitor fees and tried to get legal aid but was told no it's minor offence.

I did complain to the local police force professional std unit but nothing was done.

I'm thinking of writing CPS to reconsider prosecution decision as I doubt if its code or guiding principles were followed in listing this case for trial in crown court; but I'm not sure if this is right step to take....so advice urgently needed please.

I think it'll amount to unfair hearing if I end up defending myself again cps solicitors.

Will this be full hearing with jury, etc? Solicitors I rang for initial consultation said it's not type of case beyond majistrate court sitting.

Any assistance will be appreciated.

Thanks.

Your post doesn't make it clear:

What offence(s) have you been summonsed for?

Has there been an initial hearing in magistrates court?

Have the magistrates declined to hear the case and sent it to the Crown Court?

He drove very close to rear of my car indicating red instead of blue light

Are you absolutely sure about that? No British police vehicles are fitted with lights that emit a red light to the front.

Noticing that I didn't think he was intending me to stop he drove to hardshoulder as if to overtake me but slowed down side by side to my car; then I realise his intension; so I slowed down made eye contact and he pointed to hardshould and said stopped; then I stopped and switched on the hardshoulder.

Normal procedure would be to stop from the rear in this scenario. Failing that, pulling level on the offside of the vehicle, not nearside.

You state that you stopped and then switched on to the hard shoulder. Given what you say above, this means that you must have stopped in lane 1.

He then turnaround and said he will report me for remaining stationary on lane 1.

See above

After 2 weeks I received fixed pcn 3pts and £100 which I turned down.

That may have been a mistake under the circumstances. 3 points and a £100 fine, although hard to swallow, will be a great deal less that what's probably going to happen next if you're found guilty.

I'm not financial bouyant to pay solicitor fees and tried to get legal aid but was told no it's minor offence.

You should be able to consult the duty solicitor on the day. And for free.

I did complain to the local police force professional std unit but nothing was done.

To be frank, there are probably no grounds for a complaint of misconduct in regards to the officer that stopped you. I'm not sure what you were expecting professional standards to say. They would have looked at the facts as presented to them, perhaps looked at the officers PNB and read any contemporaneous notes that were made, and then decided that your complaint was without merit.

I'm thinking of writing CPS to reconsider prosecution decision as I doubt if its code or guiding principles were followed in listing this case for trial in crown court; but I'm not sure if this is right step to take....so advice urgently needed please.

Are you absolutely sure that it's been listed for Crown Court? Whilst it's not impossible, summary offences are usually dealt with by the Magistrates court and would only be referred to Crown Court in very exceptional circumstances or if the case is deemed to be an either way offence, for which you could be imprisoned. And stopping in a live lane of a motorway certainly doesn't qualify for the latter.

I'm not saying don't, but I do not think that writing to the CPS will do you any good. If they've decided that there is enough evidence to proceed with a realistic prospect of conviction, you'd be unlikely to be able to change their minds.

I think it'll amount to unfair hearing if I end up defending myself again cps solicitors.

If this matter has been listed for Crown Court, you need to talk again to a solicitor and ask them to put you forward as a legal aid case. If you have less than £2,657 gross monthly income, less than £8,000 in capital and less than £733 of monthly disposable income you will qualify for legal aid on a contribution basis. But if you have less than £315 of disposable income each month, you would qualify for full legal aid without needing to make a contribution towards your legal costs.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/help-with-legal-costs-legal-aid/

Your post doesn't make it clear:

What offence(s) have you been summonsed for?

 

Has there been an initial hearing in magistrates court?

Have the magistrates declined to hear the case and sent it to the Crown Court?

Offence charged: stopping on motorway

Magistrate looked at case (single justice notice I completed online pleading not guilty); and afterwards referred it to full hearing ...reason for trial.

No..There's no initial hearing in magistrate court.

Offence charged: stopping on motorway

 

Magistrate looked at case (single justice notice I completed online pleading not guilty); and afterwards referred it to full hearing ...reason for trial.

 

No..There's no initial hearing in magistrate court.

So it is the same as if it had gone straight to the magistrates for a not guilty plea (without the single justice procedure) : you are summonsed for a summary offence (magistrates court only, can't go to Crown Court for the initial trial, and maximum possibly penalty a fine and/or points (no risk of jail!), [bearing in mind you haven't been summonsed for anything more serious like dangerous driving, that might go to Crown Court, or might risk jail].

Another poster has highlighted the financial factors regarding legal aid for criminal cases. Additionally, for Magistrates court, it would need the be "in the interest of justice" for there to be legal aid granted : since there is no risk of jail, would there be any other factors (would you lose your job? for example...)

I share the same question regarding your road positioning : if the police car drew alongside you on ' the passenger side' / the 'nearside' / the left ....

Were they in the verge and you on the hard shoulder? Or they were on the hard shoulder and you stopped in lane 1?

are you absolutely sure about that? No british police vehicles are fitted with lights that emit a red light to the front.

 

@dragonfly1967. Thanks

 

yes he surely indicated red light on top of police 4x4 vehicle. I asked why he said it was to alert other motorist that he was stopping..so that he'd not be hit from rear. Im surprise they said there no camera on m60 near junction 5 exit. If there was they see he was indicating red not blue.

 

 

Normal procedure would be to stop from the rear in this scenario. Failing that, pulling level on the offside of the vehicle, not nearside.

 

You state that you stopped and then switched on to the hard shoulder. Given what you say above, this means that you must have stopped in lane 1.

 

He drove to my nearside on hardshoulder and stopped; i slowed down on lane 1 and stopped on hardshoulder and switched off my car engine there.

 

See above

 

 

 

that may have been a mistake under the circumstances. 3 points and a £100 fine, although hard to swallow, will be a great deal less that what's probably going to happen next if you're found guilty.

 

Are you saying fixed pcn 3pts & £100 is less than what it should be or what?

 

You should be able to consult the duty solicitor on the day. And for free.

 

 

 

To be frank, there are probably no grounds for a complaint of misconduct in regards to the officer that stopped you. I'm not sure what you were expecting professional standards to say. They would have looked at the facts as presented to them, perhaps looked at the officers pnb and read any contemporaneous notes that were made, and then decided that your complaint was without merit.

 

Misconduct: I think yes because i was pick on or targeted for no reason of committing any crime. The stopping on live lane is afterthought having noticed mot; etc all ok. It is just malicious. The red light indication thing seemed like a way to confuse and put me in an auckward situation ..that like putting my life in danger. My mobile phone was in glove box and car wasn't wandering...just unnecessary trouble.

 

Police made it a hardwork to complain to the police against the police..this is fact i just realised.

 

Are you absolutely sure that it's been listed for crown court? Whilst it's not impossible, summary offences are usually dealt with by the magistrates court and would only be referred to crown court in very exceptional circumstances or if the case is deemed to be an either way offence, for which you could be imprisoned. And stopping in a live lane of a motorway certainly doesn't qualify for the latter.

 

I'm not saying don't, but i do not think that writing to the cps will do you any good. If they've decided that there is enough evidence to proceed with a realistic prospect of conviction, you'd be unlikely to be able to change their minds.

 

I don't think it's cps that's pushing for this case; the summon i received for full hearing said initiated by chief constable.

 

If its cps how did this pass public interest and evidential test (just whatever police officer said)?

 

If cps follow her guidelines and code this case may not be prosecuted in court.

 

 

If this matter has been listed for crown court, you need to talk again to a solicitor and ask them to put you forward as a legal aid case. If you have less than £2,657 gross monthly income, less than £8,000 in capital and less than £733 of monthly disposable income you will qualify for legal aid on a contribution basis. But if you have less than £315 of disposable income each month, you would qualify for full legal aid without needing to make a contribution towards your legal costs.

 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/help-with-legal-costs-legal-aid/

thanks for this info...i will search again for legal aid solicitor.

So it is the same as if it had gone straight to the magistrates for a not guilty plea (without the single justice procedure) : you are summonsed for a summary offence (magistrates court only, can't go to Crown Court for the initial trial, and maximum possibly penalty a fine and/or points (no risk of jail!), [bearing in mind you haven't been summonsed for anything more serious like dangerous driving, that might go to Crown Court, or might risk jail].

 

Another poster has highlighted the financial factors regarding legal aid for criminal cases. Additionally, for Magistrates court, it would need the be "in the interest of justice" for there to be legal aid granted : since there is no risk of jail, would there be any other factors (would you lose your job? for example...)

 

I share the same question regarding your road positioning : if the police car drew alongside you on ' the passenger side' / the 'nearside' / the left ....

Were they in the verge and you on the hard shoulder? Or they were on the hard shoulder and you stopped in lane 1?

It was only one police officer. I was originally on lane 2 when I noticed police car speeding towards me from rear view mirror and upon reaching very close to my car he indicated red light I thought it was alert for hazard. I reduce speed but carried on he then overtook me nearside and slowed down to be alongside me (nearside lane 1 whilst I was in lane 2); I slowed down and made eye contact and he pointed at the hardshoulder and immediately moved to hardshoulder and stopped there; I then checked mirrors and followed suit and moved to the hardshoulder and stopped some metres infront of his car on the hardshoulder. Despite the confusion created by red light not usual blue light I still manage to stop where he instructed me to. My action didn't put anyone in danger or anything like that.

If I'm disqualified I'll lose my job which is Delivery driver and my kids would suffer.

I have been told by a solicitor that since this is a case of my word against his; the court tend to believe police officer most of the time.

Why would you be disqualified (if you got 3 points)?

Do you have points already?

Was this a marked police 4x4?

With no camera equipment onboard (or did it have a camera that 'wasn't working'?)

"my car he indicated red light I thought it was alert for hazard. I reduce speed but carried on he then overtook me nearside and slowed down to be alongside me"

So you saw the red light before he overtook you??

Regarding the red light: was this facing forward, or just to the rear??

Why would you be disqualified (if you got 3 points)?

Do you have points already?

 

Was this a marked police 4x4?

With no camera equipment onboard (or did it have a camera that 'wasn't working'?)

 

 

"my car he indicated red light I thought it was alert for hazard. I reduce speed but carried on he then overtook me nearside and slowed down to be alongside me"

 

So you saw the red light before he overtook you??

Regarding the red light: was this facing forward, or just to the rear??

I've 3pts; if I accepted fixed PCN I would've got 6pts...not disqualified. Cheaper than going to court but I choose to fight this as a matter of principle...its so unfair to accept what I didn't do just on basis of cost.

4×4 or MPV marked police vehicle.

Red light was flashing on top.

I don't know if camera was working or fitted. I sent email to cto requesting for evidence they have that I committed said offence they replied saying the evidence is what police officer observed.

So you saw the red light before he overtook you??

Regarding the red light: was this facing forward, or just to the rear??

Just trying to get events clear in my mind ......

thanks for your replies bazzas, it all happened in a flash on Nov last yr; I'm trying to recollect events. Yes I saw the red light before he overtook me. It wasn't particularly busy on the day this happened. The red light was on roof of vehicle facing forward.

FAO: Dragonfly1967

Originally Posted by dragonfly1967

are you absolutely sure about that? No british police vehicles are fitted with lights that emit a red light to the front.

@dragonfly1967. Thanks

yes he surely indicated red light on top of police 4x4 vehicle. I asked why he said it was to alert other motorist that he was stopping..so that he'd not be hit from rear. Im surprise they said there no camera on m60 near junction 5 exit. If there was they see he was indicating red not blue.

Normal procedure would be to stop from the rear in this scenario. Failing that, pulling level on the offside of the vehicle, not nearside.

You state that you stopped and then switched on to the hard shoulder. Given what you say above, this means that you must have stopped in lane 1.

He drove to my nearside on hardshoulder and stopped; i slowed down on lane 1 and stopped on hardshoulder and switched off my car engine there.

See above

that may have been a mistake under the circumstances. 3 points and a £100 fine, although hard to swallow, will be a great deal less that what's probably going to happen next if you're found guilty.

Are you saying fixed pcn 3pts & £100 is less than what it should be or what?

You should be able to consult the duty solicitor on the day. And for free.

To be frank, there are probably no grounds for a complaint of misconduct in regards to the officer that stopped you. I'm not sure what you were expecting professional standards to say. They would have looked at the facts as presented to them, perhaps looked at the officers pnb and read any contemporaneous notes that were made, and then decided that your complaint was without merit.

Misconduct: I think yes because i was pick on or targeted for no reason of committing any crime. The stopping on live lane is afterthought having noticed mot; etc all ok. It is just malicious. The red light indication thing seemed like a way to confuse and put me in an auckward situation ..that like putting my life in danger. My mobile phone was in glove box and car wasn't wandering...just unnecessary trouble.

Police made it a hardwork to complain to the police against the police..this is fact i just realised.

Are you absolutely sure that it's been listed for crown court? Whilst it's not impossible, summary offences are usually dealt with by the magistrates court and would only be referred to crown court in very exceptional circumstances or if the case is deemed to be an either way offence, for which you could be imprisoned. And stopping in a live lane of a motorway certainly doesn't qualify for the latter.

I'm not saying don't, but i do not think that writing to the cps will do you any good. If they've decided that there is enough evidence to proceed with a realistic prospect of conviction, you'd be unlikely to be able to change their minds.

I don't think it's cps that's pushing for this case; the summon i received for full hearing said initiated by chief constable.

If its cps how did this pass public interest and evidential test (just whatever police officer said)?

If cps follow her guidelines and code this case may not be prosecuted in court.

If this matter has been listed for crown court, you need to talk again to a solicitor and ask them to put you forward as a legal aid case. If you have less than £2,657 gross monthly income, less than £8,000 in capital and less than £733 of monthly disposable income you will qualify for legal aid on a contributionicon basis. But if you have less than £315 of disposable income each month, you would qualify for full legal aid without needing to make a contributionicon towards your legal costs.

https://www.citizensadvice.org.uk/la...sts-legal-aid/

thanks for this info...i will search again for legal aid solicitor.

hi bassas

what do think about me sending SAR to cto for copies of reports or notes originally sent to cto by said police officer to charge me.?

writing CPS to enquire if necessary protocols were followed before decision to prosecute was reached?

Hi All,

 

Will this be full hearing with jury, etc? Solicitors I rang for initial consultation said it's not type of case beyond majistrate court sitting.

From what you've posted, it is a 'summary only' offense alleged, so it'll be heard in Magistrates court, with a 'bench' of magistrates, or a single district judge.

I have been told by a solicitor that since this is a case of my word against his; the court tend to believe police officer most of the time.

I think the days when it was assumed the police were telling the truth, (and the defendant was lying) have long gone ............ but the police officer (unless very 'green') will be used to presenting evidence in court, and you won't .... so they may make a more believable witness .....

In the end, the court will be asked to consider : "did he stop in the live lane of the motorway?".

If your defence is "No I didn't", (as opposed to any alternative defence) ; it doesn't matter if he stopped you by means of a red light facing forward or not.

Where the 'use of red light' comes into play is if you are trying to discredit his evidence.

Are you absolutely sure about that? No British police vehicles are fitted with lights that emit a red light to the front.

This was my understanding, too.

https://www.gov.uk/guidance/the-highway-code/breakdowns-and-incidents-274-to-287

Police officers will use rear-facing flashing red and blue lights and traffic officers will use rear-facing flashing red and amber lights in these situations.

The red light was on roof of vehicle facing forward.

yes he surely indicated red light on top of police 4x4 vehicle. I asked why he said it was to alert other motorist that he was stopping..so that he'd not be hit from rear.

Which brings to mind the question, why was the light facing forward if it was meant to stop him being hit from the rear .........

When you try to bring this up, who is likely to be more believable if he says "Yes, I was asked about a red light, and I did say 'it was meant to stop me being hit from the rear'.

Our vehicles don't have red lights that face forward, they face backwards, as per Highway code rule 281, as they are meant to stop us being hit from the rear" ......

hi bassas

 

what do think about me sending SAR to cto for copies of reports or notes originally sent to cto by said police officer to charge me.?

 

writing CPS to enquire if necessary protocols were followed before decision to prosecute was reached?

SAR : they might try to use an exclusion based on "crime and taxation purposes” / "prosecution of offenders" ...... or that the notes aren't held electronically, and a manual search for them would create a disproportionate cost .......

CPS: if the protocols weren't followed they might re-assess the situation. However, all that might result is being told "protocols were followed", or "they weren't followed, so the case has been reviewed. They are now being followed, and we are still prosecuting as:

a) there is a reasonable prospect of a conviction, and

b) it remains in the public interest to prosecute" .......

The prosecution only has to release to the defence the evidence it wishes to rely on at trial.

The CPS does have to inform your solicitor of other information it holds, that it doesn't wish to rely on, though, under S.3 of the Criminal Procedure and Investigations Act 1996, but only if it "might undermine the case for the prosecution" or "might reasonably be expected to assist the case for your client".

From what you've posted, it is a 'summary only' offense alleged, so it'll be heard in Magistrates court, with a 'bench' of magistrates, or a single district judge.

 

 

I think the days when it was assumed the police were telling the truth, (and the defendant was lying) have long gone ............ but the police officer (unless very 'green') will be used to presenting evidence in court, and you won't .... so they may make a more believable witness .....

 

In the end, the court will be asked to consider : "did he stop in the live lane of the motorway?".

If your defence is "No I didn't", (as opposed to any alternative defence) ; it doesn't matter if he stopped you by means of a red light facing forward or not.

 

Where the 'use of red light' comes into play is if you are trying to discredit his evidence.

 

 

 

This was my understanding, too.

 

https://www.gov.uk/guidance/the-highway-code/breakdowns-and-incidents-274-to-287

 

 

 

 

 

 

 

Which brings to mind the question, why was the light facing forward if it was meant to stop him being hit from the rear .........

 

When you try to bring this up, who is likely to be more believable if he says "Yes, I was asked about a red light, and I did say 'it was meant to stop me being hit from the rear'.

Our vehicles don't have red lights that face forward, they face backwards, as per Highway code rule 281, as they are meant to stop us being hit from the rear" ......

 

 

 

SAR : they might try to use an exclusion based on "crime and taxation purposes” / "prosecution of offenders" ...... or that the notes aren't held electronically, and a manual search for them would create a disproportionate cost .......

 

CPS: if the protocols weren't followed they might re-assess the situation. However, all that might result is being told "protocols were followed", or "they weren't followed, so the case has been reviewed. They are now being followed, and we are still prosecuting as:

a) there is a reasonable prospect of a conviction, and

b) it remains in the public interest to prosecute" .......

 

The prosecution only has to release to the defence the evidence it wishes to rely on at trial.

The CPS does have to inform your solicitor of other information it holds, that it doesn't wish to rely on, though, under S.3 of the Criminal Procedure and Investigations Act 1996, but only if it "might undermine the case for the prosecution" or "might reasonably be expected to assist the case for your client".

helpful info. thanks

I'm thinking there might be difference in original report sent to cto late last yt for issuance of FPN to the one officer sent to court because it was signed feb 2017.

helpful info. thanks

 

I'm thinking there might be difference in original report sent to cto late last yt for issuance of FPN to the one officer sent to court because it was signed feb 2017.

Why would there be a difference? Do you think the officer would have sent the one in Feb 2017 without referring to their previous report / notes?

If that is your sole hope ..... it is clutching at straws. If they both say "he stopped in lane 1", what sort of difference are you expecting, and how will it be sufficient to bring the evidence into question?

hi bazzaS

if I'm able to get a solicitor then all these technicalities will be factored into my defence to give me a chance of success in court.

My intention wasn't to fight a case of 50/50 chance...judges are human and some stuff are subjective. Otherwise I'd have accepted FPN and put my resources to my family time.

Right now I don't think I can back track on this case because it's already in court.

Are you saying fixed pcn 3pts & £100 is less than what it should be or what?

What I mean is, a conditional eFPN of 3 points and a £100 fine will be less (probably a lot less) than what you will get if you are found guilty in a court.

If you're found guilty, it'll probably be a MW10 endorsement. Contravention of Special Roads Regulations (excluding speed limits).

Magistrates will have the option of a fine up to £2,500, up to 6 penalty points or a short disqualification (7-28 days) from driving (absolute worst case scenario), the starting point for the fine being 50% of your weekly income, and then you'll also need to add the victim surcharge (everyone gets one of those), and then add to that any of your own costs in fighting this and it can soon mount up.

You'll also have to declare your shiny new MW10 points to your vehicle insurers, who will no doubt use it as a golden opportunity to hike your premiums and charge you more money for that as well.

Like I said, perhaps hard to swallow, but sometimes it's better just to bite the bullet.

hi bazzaS

 

if I'm able to get a solicitor then all these technicalities will be factored into my defence to give me a chance of success in court.

 

My intention wasn't to fight a case of 50/50 chance...judges are human and some stuff are subjective. Otherwise I'd have accepted FPN and put my resources to my family time.

 

Right now I don't think I can back track on this case because it's already in court.

You can get a solicitor. You can't take it back to the FPN only, or SJP stage, but you can decide if you want to continue with a not guilty plea, or change to a guilty plea and make a statement in mitigation.

I'm still a bit unclear on the circumstances.... which lane were you in when the police car first drew level with you?

which lane was the police car in at that stage, and roughly what speed were you doing?.

did the police car then move in front of your car at any time (and if so in which lane...)

In other words, did they pass you on ? and if so, on which side of your car??.

If your cars drew level for a second time .... what speed were you doing when they did?

Why do you not simply write to the court, plead guilty and accept the Fixed Penalty points?

You get fund guilty which looks like it, you will get hammered, and i mean hammered in court fees and fine. Not kidding you could be looking at £1000 out of pocket

Sometimes you just have to swollow your pride and take the best option. An example was me moving into a bus lane in error, £45 ticket or increased to £90 then £135. At the end of the day an offence was committed and the court will believe the copper over you.

Just my own opinion

If you're found guilty, it'll probably be a MW10 endorsement. Contravention of Special Roads Regulations (excluding speed limits).

 

Magistrates will have the option of a fine up to £2,500, up to 6 penalty points or a short disqualification (7-28 days) from driving (absolute worst case scenario), the starting point for the fine being 50% of your weekly income, and then you'll also need to add the victim surcharge (everyone gets one of those), and then add to that any of your own costs in fighting this and it can soon mount up.

 

You'll also have to declare your shiny new MW10 points to your vehicle insurers, who will no doubt use it as a golden opportunity to hike your premiums and charge you more money for that as well.

The Magistrates Court sentencing guidelines (updates April 2017)

https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL.pdf

specifically cover the starting points for:

a) stopping on the hard shoulder (when you shouldn't): Level 4 fine, no points, fine at band A

b) driving in reverse (or the wrong way): Level 4 fine, 3 points, fine at band C.

They don't give a starting point for stopping in a live lane, but, surely : stopping in a live lane must be worse than a), but can't be as bad as b)?.

So, I suspect it'd be a starting point of Level 4 fine, 3 points, and a fine at band B......... (so, you are correct the maximum theoretically possible is £2,500, but someone would have to be earning a tidy sum [close to £100k per year] for this to be possible..... based on income 100% of 'relevant weekly income', with a range of 75-125% ....)

Just a thought - was it a Police vehicle that pulled you or a VOSA Traffic Enforcement vehicle? The latter would display amber lights not blue

I won’t get too bogged down with the offence itself, but there’s lots of confusion here:

Your case would have been heard initially by a “Single Justice” sitting with a Legal Advisor. Not Guilty pleas are immediately taken out of that procedure and referred to the full Magistrates’ court. There is no possibility of this case being heard in the Crown Court. “Summary only” offences cannot be heard in the Crown Court (except by way of appeal after conviction in the Magistrates’ court) however serious they may be.

You will not qualify for Legal Aid (the offence is not serious enough)

You will not be able to consult the Duty Solicitor on the day (the responsibilities of the Duty Solicitor have been drastically curtailed and do not stretch to non-imprisonable motoring offences).

If you maintain your not guilty plea you are entitled to see any evidence the prosecution intend to rely on but also any “unused material” (that is, material they do not intend to rely on but which may assist your defence or undermine the prosecution). But I doubt there is any.

The opportunity of a Fixed Penalty is long gone.

Your first hearing at the Magistrates’ Court will be a “Case Management” hearing (to iro out matters for the trial). You need to decide before then whether to change your plea.

If you maintain your guilty plea and are convicted at trial you face an income related fine and surcharge of 10% of the fine. You will also pay prosecution costs which may stretch to a maximum of £620 but will probably be around £300. Very little chance of disqualification but you will receive three points.

I won’t get too bogged down with the offence itself, but there’s lots of confusion here:

 

Your case would have been heard initially by a “Single Justice” sitting with a Legal Advisor. Not Guilty pleas are immediately taken out of that procedure and referred to the full Magistrates’ court. There is no possibility of this case being heard in the Crown Court. “Summary only” offences cannot be heard in the Crown Court (except by way of appeal after conviction in the Magistrates’ court) however serious they may be.

 

You will not qualify for Legal Aid (the offence is not serious enough)

 

You will not be able to consult the Duty Solicitor on the day (the responsibilities of the Duty Solicitor have been drastically curtailed and do not stretch to non-imprisonable motoring offences).

 

If you maintain your not guilty plea you are entitled to see any evidence the prosecution intend to rely on but also any “unused material” (that is, material they do not intend to rely on but which may assist your defence or undermine the prosecution). But I doubt there is any.

 

The opportunity of a Fixed Penalty is long gone.

 

Your first hearing at the Magistrates’ Court will be a “Case Management” hearing (to iro out matters for the trial). You need to decide before then whether to change your plea.

 

If you maintain your guilty plea and are convicted at trial you face an income related fine and surcharge of 10% of the fine. You will also pay prosecution costs which may stretch to a maximum of £620 but will probably be around £300. Very little chance of disqualification but you will receive three points.

@man in the middle thanks

Single justice notice I received stated I should plead guilty or not guilty; it wasnt summon to attend any hearing.

I'm boxed in the corner if I can't get any solicitor for legal defence due to financial circumstance. That's why cops brag, bully and intimidate people; not fair.

There is no evidence; I have that in writing just what the cop said...which is that I stopped on lane 1 for 14 seconds.

The professional std unit asked me if I've video evidence to support my complaint....

I'm still surprise that a junction of M60 doesnt have camera.

If I plead guilty due to cost I'll now have a conviction on dbs..what an oppressive system we've got in this country.

Single justice notice I received stated I should plead guilty or not guilty; it wasnt summon to attend any hearing.

That is what the single justice procedure is meant to do.

If you want to plead not guilty you can.

If you want to plead guilty and not have to attend court, making any representations on paper only, and have the case dealt with by a single justice of the peace : you can.