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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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I have received notice that I have been charged with road

Customer Question

I have received notice that I have been charged with road traffic offences (occurred 18-Aug-2015 ... Received notice 16-Feb-2016) ... I've noticed that on the form asking for any witness info they have added name and warrant number for a police officer who can provide evidence as "Police Officer who witnessed this offence" .... However this name/warrant number is ***** to Police Officer who stopped me and gave me the NIP and signed the NIP. What is the impact of this?
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.

Hello do you actually know what this person's involvement was?

Customer: replied 9 months ago.
Good morning ... I am not aware of who this person is. At the time I was stopped there was only one police officer in an unmarked car. His name was Martin Baker and his name and warrent number is ***** to that police officer who is named in the witness sheet. I was wondering if this was to do with internal procedure (do they have to have another person view the video) but it clearly states that if called they would provide evidence as they were a witness to the offence. I am grasping at the proverbial straws but hoping that the paperwork is incorrect and might void the summons ... Also it was served up within 2 days of the six month deadline.
Expert:  Jo C. replied 9 months ago.

Are you guilty of the offence?

Customer: replied 9 months ago.
I'm not going to be able to argue as to my innocence ... I am looking to see if I can get this summons set aside as it is invalid and then use the fact that any correct summons will not be presented to the court until after six months have expired
Expert:  Jo C. replied 9 months ago.

It is not invalid Im afraid.

This is a non issue. This isn't even a legal document. It is just an error on the witness form. They don't rely on the witness form to prove their case.

Even if it were on the charge sheet or the NIP they can just apply to amend it.

The NIP doesn't need to record an officer at all. They can rely on the oral evidence of the officer that the words were said to get over the hurdle of having warned somebody that they may be prosecuted.

I'm very sorry but technicalities do not defeat road traffic prosecutions nearly as often as the internet would suggest.

Can I clarify anything for you?

Jo

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