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court date for speeding and FtF - Can I transfer case to local court

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5 minutes ago, Manxman in exile said:

Good Luck.

 

Also, I don't understand how they dropped the speeding charge if you pled guilty to it.  Either they felt sorry for you or your case has attracted a lot of weird stuff!

 

Cheers..😀

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25 minutes ago, Manxman in exile said:

I wonder if there's any potential downside to going down the s.142 route,

 

There's nothing to lose (provided no guilty plea to speeding is entered). The very worst that can happen is a conviction for FtF (which the OP already has) and there is the opportunity to (at best) do the deal and have the FtF dropped) or at least to see a discount and reduced costs applied for a guilty plea for the FtF.

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***************UPDATE***************

Thanks to all you legends, I got a positive response to my request to have my case re-opened.

 

My letter basically pointed out that both my request for transfer and adjournment were refused but I was not notified, I only found out when I telephoned the court. I also said that it appeared to me that the documents that I sent to the court, i.e my PLEA and means statement, were not presented to the magistrate as I was not fined according to my income.

 

The letter I received in response says that my case has been re-listed for hearing in September AT MY LOCAL COURT. The magistrate will then consider re-opening the case and rescinding the conviction/order made against me.

 

I think this is a great result, so I thought I'd share with you all.

 

Cheers.

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Posted (edited)

Great news and just about the best you could have hoped for.

 

If you can, try to seek out the prosecutor before the court sits and ask whether the "deal" might be on offer. If you can't do that, make your offer in court when asked how you plead. It would be unusual for it to be refused but, to reiterate, do not plead guilty to either offence until that has been explored. If the deal is declined do not plead guilty to speeding! Simply maintain NG pleas to both. Your trial will not take place at that hearing and you can decide whether you have a viable defence to the FtP charge in the meantime.

 

I don't recall you mentioning the alleged speed/limit but if you feel very cheeky and the speed is low enough you could ask the court to consider sentencing you at the Fixed Penalty level. They have guidance which says this:

 

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.

 

It's arguable that you contributed to the difficulties (by failing to respond to the request for driver's details) but don't ask and you won't get. The worst they can do is say "No" and sentence you in accordance with the guidelines.

 

Hope it goes well.

Edited by Man in the middle

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great work everyone..

 

dx

 


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Thanks Man in the middle.

Btw alleged speed was 39 on a 30 zone.

I thought I was on a 40mph road.

Found out later on google that the speed limit had been changed only a few months before. 

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Quote

 

Btw alleged speed was 39 on a 30 zone.


 

Definitely Fixed Penalty territory (up to 49mph in a 30 limit). In fact, had you been able to respond to the request for driver's details you would have almost certainly been offered a Speed Awareness Course (provided you have not done one for an offence that occured in the three years prior to this one and that it was not in Scotland). They are normally offered up to 42mph. Unfortunately the court cannot deal with the matter by way of a course. 

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I did a course two years ago but I will try the fixed penalty. Like you said, if you don't ask, you don't get. 

 

Thanks MITM                         

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