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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice.
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I have received intention to prosecute driving

Customer Question

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
Customer: replied 2 years ago.
Is it possible to have the case dropped on a technicality such as a wrong time?
Expert:  Jo C. replied 2 years ago.
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?
Customer: replied 2 years ago.
I think I may have hit the bumper of a parked car earlier in the day.
Customer: replied 2 years ago.
Should I say that I was elsewhere at the time specified?
Customer: replied 2 years ago.
I think they are going by the word of a witness
Customer: replied 2 years ago.
Can I request a driving awareness course?
Customer: replied 2 years ago.
I have not had any driving convictions in 40 years and am freaking out!
Customer: replied 2 years ago.
I really don't want to go to court
Expert:  Jo C. replied 2 years ago.
Did you report the incident to the police within 24 hours?
Customer: replied 2 years ago.
No
Expert:  Jo C. replied 2 years ago.
How bad is the time error?
Customer: replied 2 years ago.
45 minutes
Customer: replied 2 years ago.
Am I looking at a fixed penalty notice
Customer: replied 2 years ago.
Will I make it worse if I try and get out of it
Customer: replied 2 years ago.
I don't want to go to court
Customer: replied 2 years ago.
What do you advise?
Expert:  Jo C. 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
Customer: 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: 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
Expert:  Jo C. 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.
Customer: replied 2 years ago.
They are prosecuting for careless drivinf, doesnt say anything about failing to report
Customer: replied 2 years ago.
Should I say I was there earlier in the day
Customer: 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: replied 2 years ago.
Should I say I was there earlier
Expert:  Jo C. 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.
Customer: replied 2 years ago.
So I should not say I was there earlier?
Expert:  Jo C. 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.
Customer: replied 2 years ago.
Thanks jo for your help, have a good day.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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