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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64060
Experience:  Over 5 years in practice.
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hi i am attending court to contest a ticket for using a mobile

Customer Question

hi
i am attending court to contest a ticket for using a mobile while driving
im pleading not guilty as i wasnt and have my phone records to prove it
when the summons came through it also as other charges on it for which i have not been charged by the police.
my question is can i be summoned to court to answer to something i have not been charged with.
the summons states i must attend court to answer the charges
there are 4 charges listed but i have only been charged with 2 of them with the issue of the ticket
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Stuart J replied 1 year ago.

 

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.



Please bear with me over weekend.
I am on and offline.



 

Yr phone bill doesn't show incoming calls so how will you prove that you weren't taking a call?

 

What are the other charges?

 

Customer: replied 1 year ago.

just simply want to know if you can be summoned to answer charges that you have not been formally charged with

Expert:  Stuart J replied 1 year ago.
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Customer: replied 1 year ago.

hi


i was given a ticket for original offence use mobile while driving to which i requested it dealt with by court as i was not using my phone at the time and have a full bluetooth media centre in my car that enables me to take a call without touching phone so phone stays in my pocket


a few months later the officer that issued the ticket called at my house and told me that at the time of the incident my i was disqualified from driving


i told him i knew nothing about this and showed him my driving licence which i still have in my possesion. he asked if i would like to come to the station a couple of days later of my own free will to make a statement this i agreed to do. he told me i could park in the car park at the front of the station (as it was the city centre station and parking is limited) i attended and gave the statement which was written by the officer (not tape recorded) on completion the officer said he would investigate further and i would hear from them.


the next thing i get a summons to appear at nottingham summons court to answer to the following charges


using a mobile whilst driving


driver not i position of proper control


drive a motor vehicle otherwise than in accordance with a licence


use a motor vehicle without third party insurance


i have recieved no notice of intended prosecution or verbal charge for any except using mobile.


i have to attend court tomorrow 24 /6 /2013.


i know its short notice but any help would be appreciated


thank you


paul

Expert:  Stuart J replied 1 year ago.

I have asked a colleague to look at this for you.

She will need to know if you were indeed insured.

Please explain the licensing issue.

 

Expert:  Jo C. replied 1 year ago.
Hi

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

I have been asked to look at this as its my area of law really.

I will need to know whether you were insured or not?

Also, I notice that you have several answers that you have not yet rated including one of mine so I would be grateful if you could do that now. I know that there have been bugs online which have prevent customers from being able to rate but those should be fixed now so there should not be any problems.

Jo
Customer: replied 1 year ago.

hi


yes i have a valid insurance on the vehicle


i am in court tomorrow 24/6/2013 at 10am


need to know if i should have been charged before being summoned to court ?


thank you paul

Expert:  Jo C. replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
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Customer: replied 1 year ago.

hi


please understand its not that im not satisfied with your answer its just that when i asked the question originally on saturday i was told it would cost me £17 this i deposited and the person dealing with it got all the information from me and passed it over to you. when you messaged me to tell me you have a answer for me i was then told i had to deposit a further £13 to get the answer. if i had been informed that it would cost £30 to get a answer then i would not of bothered .

Expert:  Jo C. replied 1 year ago.
Don't worry.

I can get customer services to look at that issue for you.
Customer: replied 1 year ago.

thank you i would appreciate that


just been to court and case been adjourned pending further investigation


thanks


paul


 

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

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