In September i'll be due in court for the fifth time over a speeding offence and failing to give drivers details which happened back in August 2011. I've already provided the court with proof of postage as i sent my details within 28 days. Does only one have any advise for me please.
Province/Country relating to question : UK
Receipts from the post office, bank statements showing that i was abroad
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.What would you like to know>?
Hi and thank you for your quick reply.
I need to know what you want to know about this?Do you have a specific question?
I don't have a specific question as such, I just wanted some general advise really. Surely I have a strong case regarding the length of time it's been and the evidence I've provided. If you were to represent me in court what would you say to the judge?
To be honest, its not that simple.The time delay is a non issue. They would have laid an information in time if you are in court for the fifth time which is all that really matters.In relation to failing to provide, it is a defence to say that you did provide. They will not be able to prove that you did not send it but just that they did not receive it. However, usually they send out one NIP and a S172 form combined in the same document and then a reminder giving you a further 28 days to respond. While one of the documents can go missing, the case against you is probably put on the basis that it is not likely that both did. That is quite a hard objection to meet really.In terms of what to say to the Court, all you can do is put your case. Your defence is that you did provide. You will have to have a trial on that basis. Applying the strict burden of proof, on the face of it, its a case that the crown cannot prove on all points unless they are saying there were two S172 forms in which case you can only really give evidence on that point.Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
Bar Exams, over 5 years in practice
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