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i am being convicted of driving whilst holding my moble phone

in my left hand to...
i am being convicted of driving whilst holding my moble phone in my left hand to my left ear, this is something which i am hand of heart innocent of. long story short cant afford a lawyer should i just plead guilty? what is the maximum penalty and implications? What exactly happens at an interim diet?
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Answered in 29 minutes by:
6/5/2009
F E Smith
Category: Scots Law
Satisfied Customers: 10,000
Verified

What is an interim diet? Are you in Scotland?

 

F E

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Customer reply replied 8 years ago

quote from letter "the purpoe of the intermediate is to ascertain the state of preperation of the prosecuter and yourself in respect of this case and wether you intend to adheire to the plea of not guilty",

 

yes i am in scotland the evidance against me is the word of two police officers only no other evidance,and altho i can not prove it the have lied on there statments that i made no plea when i did at the time plead not guilty at the road side,

 

i know that sometimes a judge can thro a case out for lack of evidance, but should i take the risk that he might not! will the punishment be more severe if i plead guilty after the intermediate but before the trial date?

I'll have this transferred to our Scots Law Section for you.

 

F E

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Customer reply replied 8 years ago
ok thank you
ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1,290
Experience: LLB (Hons), Dip LP, NP
Verified

HiCustomer/p>

 

Thank you for your question. You are now in the Scots Law section.

 

The intermediate diet is a procedural hearing where a number of things are checked. Firstly they check whether you are maintaining your not guilty plea, then they check whether you have a special or statutory defence. Special defences are things like alibi, incrimination etc, statutory defences are contained in the legislation that creates the crime and include things like a skean dhu being allowed to be carried as opposed to it being an offensive weapon. They also check whether any witnesses either you or the crown are cited and available.

 

There is no prospect of the Sheriff throwing a case like this out at the Intermediate Diet, just as there is little prospect of you being found not guilty when the evidence is coming from two police officers. You and I both know it can happen but Sheriff's seem to think that cops are immune from telling lies.

 

If you plead guilty at the intermediate diet I would expect the penalty to be £120 and 3 penalty points, if you leave it to before the start of the trial I would expect the fine to rise to £180, the points would remain the same.

 

Hope this helps. Please click ACCEPT for my time to be created.

 

SLP

ScotsLawPro
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