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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 67813
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

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: 2 years ago.
Category: UK Traffic Law
Expert:  Stuart J replied 2 years 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
, particularly evenings and weekends. Please bear with me in that

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 2 years 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 2 years ago.

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 question
even so? I am happy to answer specific points.

Can I help further?

don't forget to positively rate my answer J service
(even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time L. It is
imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask.

I am
offline shortly until later and will pick this up then if needed.

Please bear with me
over weekend because I will be online and off-line.

Customer: replied 2 years ago.


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


Expert:  Stuart J replied 2 years 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 2 years ago.

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.

Customer: replied 2 years ago.


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 2 years ago.
No, not necessarily

These are offences that would not normally lead to a charge following arrest. A summons is adequate to deal with this level of criminality.

In principle though, you can certainly be summonsed for offences for which you were originally stopped.

Also, you should bear in mind that the fact that you may well have phone records that prove you didn't make any calls does not prove you didn't receive any or use any of the other functions of the phone.

You might well succeed at court but you will need more than your phone records.
Customer: replied 2 years ago.


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 2 years ago.
Don't worry.

I can get customer services to look at that issue for you.
Customer: replied 2 years ago.

thank you i would appreciate that

just been to court and case been adjourned pending further investigation




Expert:  Jo C. replied 2 years ago.
No problem.

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