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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64981
Experience:  Over 5 years in practice.
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hi, my son got caught 54 in a 30 by unmarked police car. He

Customer Question

hi, my son got caught 54 in a 30 by unmarked police car. He handed over licence and police man filled in his details etc. When he got the summons to court for the offence the summons did not have his name correct. All other details were fine DOB, address etc, but the summons was in his middle name and surname, not his first name and surname? Can he fight this on a technicality? What can he expect as a fine and/or ban?
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.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Does he have other points?
Customer: replied 1 year ago.

No, but he had an 12 month drink drive ban 2 years ago.

Customer: replied 1 year ago.

FOR JOMO1972 No but he had a 12 month drink drive ban 2 years ago

Expert:  Jo C. replied 1 year ago.
Thanks.

How bad was the mistake over names?
Customer: replied 1 year ago.

FOR JOMO1972 lets say for example his name isXXXXX the summons is for John Surname, does not mention Tom his first name? Surely the UK Policeman who wrote down his details from his UK licence should have written his details as Tom John Surname and thats what the summons should say?

Expert:  Jo C. replied 1 year ago.
Thanks

I just need 10 mins to type out an answer if thats ok?

I'm afraid its bad new though.
Expert:  Jo C. replied 1 year ago.
Thanks for the information.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sorry but there is caselaw upon what makes these things defective and it literally has to be such that you cannot understand it was for you. If he ignores the summons on that basis they will just try him in absence.

Since the name is XXXXX XXXXX will probably amend the summons at court to the correct name but there's no scope to argue that this trial should not proceed on that basis I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64981
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.


FOR JOMO1972 HI, thanks for your help. I kind of knew it may be a long shot. Is he better appearing at court and apologising or just accepting blame via a letter?

Expert:  Jo C. replied 1 year ago.
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