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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63925
Experience:  Over 5 years in practice.
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Received a Notice of Intended Prosecution for doing 59 mph

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Received a Notice of Intended Prosecution for doing 59 mph in 30 mph area. Did not fully read the form and wrote back and asked for photographic evidence of driver. This has come back and now clear on driver but I am now 10 days outside the 28 day response period. What should I do? What is likely outcome? Will I have to go to court for speeding offence plus failure to notify driver? Will I get points and fine for both? I previously had 3 points for SP30 in March 2008 so think this no longer applies.
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 X will try to help with this.

Was this the first NIP?
Customer: replied 1 year ago.

Yes. Notice Issue Date is 14 March 2013 and offence date is 7 March 2013. Letter sending photographic evidence dated 10 April 2013.

Expert:  Jo C. replied 1 year ago.
There are 2 options open to them.

The 1st is to just summons you for failing to provide the details of the driver. They are perfectly entitled to do that here as you did not identify the driver but they will not.

Almost certainly what they will do is just issue a fresh section 172 document giving you a further 28 days. They do usually send out one reminder document and the truth here is that they would probably rather prosecute speeding.

Your points from 2008 are no longer active for the purposes of the road traffic act.

However, if you are doing 59 miles an hour in a 30 miles an hour zone then I'm afraid you are at risk of 6 points or a short disqualification of between 7 to 56 days.

You cannot hide from the fact that you are at the higher end of the sentencing bracket and so on the face of it at risk of disqualification but is, overall, you will probably receive points. They don't often ban out right immediately.

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

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63925
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Only one question - is it likely I will be asked to appear in Court or will they offer fixed penalty and points by letter once I confirm driver details?

Expert:  Jo C. replied 1 year ago.
The sentencing guidelines do suggest a sentence that you can only get at court.

However, there is always an outside chance that they will slip and offer a fixed penalty and if they do you should take it.
Customer: replied 1 year ago.

Having confirmed driver details, received letter back from Speed Enforcement Unit stating recorded speed too high for this unit to deal with by way of fixed penalty and must be considered in a Magistrates Court. My questions are - do I need to be represented in Court? What is likely fine, penalty, disqualification? and does it usually get reduced if represented?


 


Also what mitigation helps to be presented to the court?

Expert:  Jo C. replied 1 year ago.
If you are doing 59 miles an hour in a 30 miles an hour zone then I'm afraid you are at risk of 6 points or a short disqualification of between 7 to 56 days. There will also be a fine of 75-125% of your weekly income plus costs of £85 and the surcharge of £15 or thereabouts.

You don't need representation but its probably helpful. You won't get legal aid for this though but a barrister under public access is much cheaper than a solicitor.

Representation doesn't guarantee a reduction in sentence but it does usually help.
Customer: replied 1 year ago.

Thanks. How do you find a barrister under public access?

Expert:  Jo C. replied 1 year ago.
Where are you roughly in the country?
Customer: replied 1 year ago.

Based and live in Cardiff, South Wales. Avon and Somerset Constabulary Speed Enforcement Unit involved.

Expert:  Jo C. replied 1 year ago.
I don't know anyone in Wales.

You might get a london set to agree to travel but you would pay for it I'm afraid.

You could try here

http://www.pendragonchambers.com/criminal-law/

Alternatively phone the bar council and ask for records o 0207(NNN) NNN-NNNNand they should be able to give you a list of public access registered criminal practitioners.

There is always the online clerking service as well here

http://barristerweb.com/
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63925
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks

Expert:  Jo C. replied 1 year ago.
no problem.

all the best.
Customer: replied 10 months ago.

Hi Jo- have now received written charge, to appear in court on 30 September 2013.Charge states speeding - exceed 30 mph on restricted road - manned equipment. At end of charge states ....This offence carries penalty points. Does this mean that there is no chance of disqualification? Should I plead guilty in person or by post? Do they offer a reduction for being in person? Also this year I do not have much income however my wife is self employed. Will my fine be based on her income?

Expert:  Jo C. replied 10 months ago.
No, there is a chance of disqualification. Whether you will be or not depends on the variables above.

In terms of whether to attend or plead by post, that is always a question that depends on the facts of the case.

Certainly a person who attends smartly dressed, behaves respectively and expresses remorse is better served by attending than pleading by post. A person who attends late and behaves abusively though would be better off pleading by post.

The fine will take into account your wife's income but only to the extent that it reduces your outgoings.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63925
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you

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