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I have received intention to prosecute driving

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I have received intention to...
I have received intention to prosecute for careless driving bur at the time of the alleged offence I was somewhere else
Submitted: 2 years ago.Category: UK Traffic Law
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Customer reply replied 2 years ago
Is it possible to have the case dropped on a technicality such as a wrong time?
Answered in 4 hours by:
6/28/2015
Solicitor: Jo C., Barrister replied 2 years ago
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70,841
Experience: Over 5 years in practice.
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Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Is the allegation otherwise correct but the time wrong?
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Customer reply replied 2 years ago
I think I may have hit the bumper of a parked car earlier in the day.
Customer reply replied 2 years ago
Should I say that I was elsewhere at the time specified?
Customer reply replied 2 years ago
I think they are going by the word of a witness
Customer reply replied 2 years ago
Can I request a driving awareness course?
Customer reply replied 2 years ago
I have not had any driving convictions in 40 years and am freaking out!
Customer reply replied 2 years ago
I really don't want to go to court
Solicitor: Jo C., Barrister replied 2 years ago
Did you report the incident to the police within 24 hours?
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Customer reply replied 2 years ago
No
Solicitor: Jo C., Barrister replied 2 years ago
How bad is the time error?
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Customer reply replied 2 years ago
45 minutes
Customer reply replied 2 years ago
Am I looking at a fixed penalty notice
Customer reply replied 2 years ago
Will I make it worse if I try and get out of it
Customer reply replied 2 years ago
I don't want to go to court
Customer reply replied 2 years ago
What do you advise?
Solicitor: Jo C., Barrister replied 2 years ago
I'm afraid there is no realistic prospect of avoiding court on this basis.
In principle you could respond to the effect that you wre not driving at that time which is indeed correct. The problem is that they will summons you for failing to identify and while you do have a defence you would have to go to court to argue it.
You can also respond naming the driver but saying that it wasn't at the time alleged. They will just amend the charge sheet to show the correct time.
If you didn't stop and report and that is the offence complained of then this is going to court Im afraid. It exceeds the fixed penalty arena. What may happen is that at court they may take a plea to driving without due care in exchange for dropping the failing to identify.
I'm very sorry but I can only given you truthful information.
Can I clarify anythig for you?
Jo
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Customer reply replied 2 years ago
So I wont query the time then. And I wont get a fixed penalty because I didnt report it and I will have to go to court, can I plead guilty and avoid court?
Customer reply replied 2 years ago
The offence on the intention to prosecute is careless driving not failing to report does that make a difference? Should I write a letter admitting guilt
Solicitor: Jo C., Barrister replied 2 years ago
It is a good idea fo mention the time issue just in case there is a second incident.
In principle you could plead by post but then you could be banned as you will be accepting failing to stop and report and driving without due care and unable to negotiate with the prosecutor over plea bargains.
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Customer reply replied 2 years ago
They are prosecuting for careless drivinf, doesnt say anything about failing to report
Customer reply replied 2 years ago
Should I say I was there earlier in the day
Customer reply replied 2 years ago
It doesn't say about failing to report only careless driving, can I hope that this will be what they prosecute me for
Customer reply replied 2 years ago
Should I say I was there earlier
Solicitor: Jo C., Barrister replied 2 years ago
No, you should do what I suggested above.
You cannot start saying things that are untrue or half true. Either you have to tell the truth or say nothing in the course of legal proceedings.
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Customer reply replied 2 years ago
So I should not say I was there earlier?
Solicitor: Jo C., Barrister replied 2 years ago
In principle you could respond to the effect that you wre not driving at that time which is indeed correct. The problem is that they will summons you for failing to identify and while you do have a defence you would have to go to court to argue it.
You can also respond naming the driver but saying that it wasn't at the time alleged. They will just amend the charge sheet to show the correct time.
Ask Your Own UK Traffic Law Question
Customer reply replied 2 years ago
Thanks jo for your help, have a good day.
Solicitor: Jo C., Barrister replied 2 years ago
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