Summons for speeding and failure to provide

[assisted blonde]

I goy two speeding offences a few years ago less than 10 mins apart, same day, same place 2 offences 2 lots of fines and points.

[apocalypsedreams]

I'll get details of your points in your last paragraph, aretnap.

[slopshop1]

I have just been through something like this and i just wanted to share my experience! By the way the case was thrown out!

 

The notice came through asking for me to provide evidence of the driver at the time of the speeding offence! The Photo evidence was completely inconclusive!

 

At the time there were three people insured to drive the car and it could have been any of us! I wrote back saying that there was no option on the form for my situation what should i do! they wrote back and told me it was an offence not to provide evidence of the driver..

I wrote back saying but what should i do if i don't know? Should i just make it up. I was charged with failure to provide and it was sent to court. All my instincts were telling me to just say it was me and not get my wife or van driver friend into trouble! I stuck it out and went to court!

 

I took with me all the paper work to prove there were three people insured.

 

When the prosecutor tried to argue i had failed to produce evidence i argued i had provided evidence twice........I had written in twice to say i didn't know and the other drivers couldn't remember either. I asked if the police were trying to say i had to make it up...The magistrate was told that if i were to make it up there would be issues of perjury. He had no option but to throw the case out...

 

Basically if there is more than one insured driver and you stick to your guns there is nothing they can do....The magistrate warned me that i wouldn't get away with it again and not to see this as a green card to stick two fingers up at the cameras.. He said i should keep a log in the car of who was driving and at what time ...I just laughed at him.

 

It may be too late for the OP on this thread but i hope it helps someone else!

[T.C.]

If the summons has only just arrived then it is within the time frame as the Prosecution must lay information before magistrates within 6 months of the date of the alleged offence even though it can be several more months before the summonses are actually issued.

 

If your friend goes to court, there is usually a duty Solicitor who will be able to provide free advice and representation, but check with the court to find out whether a duty solicitor will be available on the date of the hearing.

 

Lastly, if a number of different offences were committed at different times on the same day, then in most cases all the offences will be lumped together to make one (if that makes sense) so in affect rather than the 12 points for 2 seperate offences, they will award say 9 points instead.

 

And you are right, legal aid is not available for summonsed motoring offences, only for the most serious.

[Aretnap]

Lastly, if a number of different offences were committed at different times on the same day, then in most cases all the offences will be lumped together to make one (if that makes sense) so in affect rather than the 12 points for 2 seperate offences, they will award say 9 points instead.

The number of points for failure to identify the driver is set by statute at 6 - no more, no less. The court can take the view that the two offences were committed on he same occasion and impose only one set of 6 points (personally I doubt that it will, but it might). Or it can view them as two completely separate offences and impose 12 points. But one thing it can't do is impose 9 points.

[T.C.]

The number of points for failure to identify the driver is set by statute at 6 - no more, no less. The court can take the view that the two offences were committed on he same occasion and impose only one set of 6 points (personally I doubt that it will, but it might). Or it can view them as two completely separate offences and impose 12 points. But one thing it can't do is impose 9 points.

 

I only used this scenario as an example as there is no guarantee that the full 12 points will be awarded and I have been in court on several occasions (in a professional capacity) where defendants in just this situation have been awarded lower points.

 

They can amalgamate a number of offences committed on the same day to one overall offence (even though they are still recorded as seperate offences) and therefore issue a concurrent penalty which can be a reduction in points.