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I received a notice/summons ( dated 19/07/2017) from the…

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I received a notice/summons (...
I received a notice/summons ( dated 19/07/2017) from the Lincolnshire Police: 1 charge - Speeding -motor vehicle exceed 70mph on a dual carriageway- automatic camera device 25/02/2017 and I am asked to make a guilty or not guilty plea. I would like to make not guilty plea as I believe it was one continuous offence.
I prepared draft letter to Crown Prosecution Service to ask for withdrawal of the case. Please advise me if this letter is ok and if I need to send it along with my not guilty plea documents or do I need to write” if the Court decides to move forward in this matter my plea is not guilty “ ? Please let me know how much would you charge for this service. Thank you.DRAFT:
I would like to apply for the summons to be withdrawn on the following grounds:
1. I was accused of speeding twice on 25/02/2017 on my way back from holiday in France to Barnsley where I live:
-) at 21:04 - motor vehicle exceed 70mph on dual carriageway- automatic camera device- travelling at 81mph, location: A1, Colsterworth to Great Ponton- for this offence I was issued a summons.
-) at 21:08 -motor vehicle exceed 70mph on dual carriageway- automatic camera device- travelling at 81mph, location: A1, Barrowby Thorns- for this offence I received a conditional offer of fixed penalty ( £100) and 3 penalty points on 27/04/2017, which I accepted and paid on 2/05/2017.
2. I was offered fixed penalty for the alleged offence which took place at 21:08, but not offered one for the same offence at 21:04. I believe that the police acted unfairly, not consistently and not proportionately to the offence and instigating proceedings before a Conditional Offer of Fixed Penalty was issued is an abuse of process at common law.3. The above offences should be treated as single continuous offence for the following reasons:
-) The offences were on the same road, the Northbound carriageway of the A1.
-) The offences were committed on the same journey, only four minutes apart.
-). The speed limit at both locations and between them is the National Speed Limit
-) My speed was steady between the two locations, the speed recorded was the same at both locations and and there is nothing on the road between them that would cause me to reduce my speed and in fact I did not do so.
-) Speeding by definition must occur over a distance and a period of time, therefore a speeding offence cannot be committed at a single point in time and space. ( If a Police car follows a speeding car, does it trigger a new offence each time the officer blinks?)
4. I received a Notice of Intended Prosecution dated 19/06/2017 and sent it back on 12/07/2017 using “sign for” service. Police received it on 14/07/2017, so within recommended time period( please see attached Royal Mail proof of delivery), but the stamp on NIP says “ Received on 17/07/2017”.
I am in receipt of Lincolnshire Police response dated 17/07/2017 ( 4 months and 22 days since the offence took place), in which it is stated that due to the time that has elapsed since the offence this matter can only be dealt by way of court hearing. The Police have 6 months from the date of the offence to lodge papers at Court, so I believe, that there was sufficient period for the Police to issue a Conditional Offer.5. As I am going to apply for British Citizenship the good character requirement must be satisfied. If I get a court conviction for speeding my application will fall for refusal for 3 years. In view of the above any court conviction would be unfair and highly disproportionate for what was one continuous journey.6. If it is the Court`s decision to move forward in this matter I would request copies of any evidence the prosecution may have of my involvement in the offence, as well as a copy of the calibration certificate and all other maintenance records for the camera(s) involved.
If a trial date needs to be arranged, would you please avoid the following dates: 14.08.2017-25.08.2017.
Submitted: 8 months ago.Category: UK Traffic Law
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8/3/2017
Solicitor: Jo C., Barrister replied 8 months ago
Jo C.
Jo C., Barrister
Category: UK Traffic Law
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