UK Traffic Law
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Hello, I am Law Denning and I am a practising solicitor in a HighStreet 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 questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
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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?
just simply want to know if you can be summoned to answer charges that you have not been formally charged with
You have to be issued with a notice of intended prosecution within 14 days of the alleged offence. However you can be given a verbal notice at the time of the offence.
If you are also being prosecuted for speeding as well as the telephone offence it would depend, whether you have a defence, as to whether the notice of intended prosecution for the telephone offence was a written one or a verbal one.
If you would give in a written one for the telephone offence it is most unlikely that the police could convince the magistrates that he had given new of verbal NIP at the time of the offence.
To answer further I really need to know the offences and the facts surrounding
Does that answer the questioneven so? I am happy to answer specific points.
Can I help further?
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I amoffline shortly until later and will pick this up then if needed.
Please bear with meover weekend because I will be online and off-line.
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
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.
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
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 .
thank you i would appreciate that
just been to court and case been adjourned pending further investigation
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