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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64678
Experience:  Over 5 years in practice.
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In dec I got pulled over for exceeding 70mph on motorway. I

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In dec I got pulled over for exceeding 70mph on motorway. I was told to go to my home station and surrender licence. I did as told but as explained to desk Seargent u couldn't surrender as I had to surrender to another police force for earlier speeding offence. He told me to do that and not to worry cos "I'd get a letter to chase me up" and I could then send my licence. I never heard a thing from the arresting police force nor my home station but today I've been summonsed to Court for failing to produce. With this speeding fine added ill have 9 points and I drive for a living, I'm also 12 wks pregnant. I feel duped as I was told everything would be fine and not to worry now I'm super stressed and fear I could lose the baby and my job. Will I get disqualified?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

So, in short, you did attend the station but couldn't hand over your licence because it was elsewhere?
Customer: replied 1 year ago.
Yes that's true and he put this in the notes that my licence had to go to another police force
Expert:  Jo C. replied 1 year ago.
You do have a defence on the basis that it wasn't reasonably practicable for you to provide although obviously you will have to raise some evidence to the effect that the licence was with another force.

Also, usually when forces confiscate your licence they give you a receipt which becomes your licence until it is returned to you. If you can produce that then they would probably drop that particular charge.

In any event though, failing to produce doesn't carry points. It only carries a fine.

I really wouldn't say in court that you are 12 weeks pregnant. There are some District Judges who would take the view that you are trying to gain sympathy.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.


Customer: replied 1 year ago.
I haven't up anything in my notes to say anything about being pregnant. I didn't get anything from gmp to use as a licence but I did at the time show the letter from them to the home police desk Seargent and he made a note of my case number XXXXX gmp.
Should I have chased either the home police office or the arresting police force to see what to do when my licence did come back from gmp? I feel that I was misinformed by the home police office when they said not to worry ill be chased for my licence. What sort of fine does it normally carry?
Expert:  Jo C. replied 1 year ago.
No, it wouldn't have made any difference. The forces don't speed up for that reason.

You probably were misinformed. Police officers generally are not brilliant students of the law and civilian support staff in police stations are even worse. Thats no defence though of itself.

If you couldn't produce then you can raise the defence that it wasn't reasonably practicable to produce.

They might well drop that particular charge anyway in exchange for a plea to speeding.

Usually its an amount in the low hundreds although it is proportionate to your income.
Customer: replied 1 year ago.
It clearly shows the desk seargants report stating I couldn't produce due to my licence being elsewhere in the docs I've been sent for Court so I haven't a clue why they're saying I'm guilty of failing to produce when they can see the Reason why. As I'm pleading by post I've admitted guilt to speeding and failure to produce but have reiterated what I was told and why I couldn't produce and that I never heard anything from either force since Dec 21st. Is that ok?
Expert:  Jo C. replied 1 year ago.
No.

It would be better to attend court really in this instance. Then you can offer to plead to one offence and not the other.

If you are intent upon pleading by post then plead guilty to the speeding matter and not guilty to the failing to produce on the basis that it wasn't reasonably practicable to produce.

But they will only adjourn that and set it down for trial on a different date anyway and then you would have to attend so its best to get it over with.
Customer: replied 1 year ago.
Oops I already pleaded guilty to both as I can't get to Court as I'm signed off not being able to drive as I keep blacking out, if they find me guilty when I plead not it says on my docs they can revoke my licence and I can't risk that as its my livelihood
Thanks for your help
Expert:  Jo C. replied 1 year ago.
Ok. Too late then.

You could ask the court to vacate your guilty plea but that would mean an attendance.

Please remember to rate my answer.
Customer: replied 1 year ago.
I'm not too bothered about a fine I just don't want to be disqualified especially for something I thought was in hand
Expert:  Jo C. replied 1 year ago.
Unless the speed is going to attract more than 3 points you would not be disqualified normally.

Failing to produce doesn't carry points.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64678
Experience: Over 5 years in practice.
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