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Speeding fine and s172 failure to identify driver

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  • Speeding fine and s172 failure to identify driver

    Hi.


    I received a speeding fine fromDevon and Cornwall police in April. I asked for a photo as I was not sure if it was my husband or myself driving. The photographs did not show the driver so I returned the original notification and wrote on that it was either myself of my husband driving but we didn't know who as we were on holiday and had stopped at various places and swapped drivers during the day. A few weeks later I received a letter saying no more photos were available and I needed to supply driver details. I wrote back again and said we were not 100% sure but that, as the registered owner of the car, I would name myself. I asked for a copy of the notice to complete as I had sent the original one back. A couple of days later I received another letter saying my case was being passed to the courts - I didn't reply as I thought our letters had crossed in the post. I've spoken to the police today and they say that they did not receive my letter explaining I wasn't sure but would name myself as the driver. I have a copy of the letter but , stupidly, I did not send it registered post so have no proof I sent it. I realise that this does not help me at all!


    I have now received a single justice notice and have been charged with both speeding and failure to identify the driver. I have phoned the police and they say that this is out of their hands now. I then phoned the number on the single justice procedure notice and spoke to someone at the court. They said if I plead guilty to both and explain the mitigating circumstances the magistrate may accept the speeding fine and dismiss the s172 charge - but there is no guarantee.


    If I plead guilty to both charges will I automatically get the maximum fine and points for both offences? This would bring me up to 12 points on my licence and I could then loose it. If I did plead guilty to both charges could the 172 be dismissed or - because I'd have pleaded guilty, would I automatically be found guilty, whatever the mitigating circumstances. If possible, I'd really like to avoid a trail.


    I'd be really grateful for any advice.
    Tags: None

  • #2
    Re: Speeding fine and s172 failure to identify driver

    Hi Jas6

    From memory I believe that you can usually get CPS to drop the s172, as long as you plead guilty to the underlying speeding offence.
    But this is from looking at it some time ago; things change.
    It would be in your best interests to go onto PePiPoo......they are the experts.
    http://forums.pepipoo.com/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Speeding fine and s172 failure to identify driver

      Originally posted by charitynjw View Post
      Hi Jas6

      From memory I believe that you can usually get CPS to drop the s172, as long as you plead guilty to the underlying speeding offence.
      But this is from looking at it some time ago; things change.
      It would be in your best interests to go onto PePiPoo......they are the experts.
      http://forums.pepipoo.com/

      Thanks. How do I contact the CPS? Sorry if this is a really stupid question.

      Comment


      • #4
        Re: Speeding fine and s172 failure to identify driver

        Although SJPNs have been around for a while , I must admit (albeit with some relief) that I have not had to deal with any such issues for some time now.
        Again from memory, I believe the tactic used to be to choose to go to Magistrates Court, & then do a deal with the CPS bod before the hearing.
        But as I say, things change.
        I have seen some evidence that some police forces/CPS actually give the option, in writing before the hearing, of dropping the s172 but pleading guilty to the underlying speeding offence. The thought seems to be that you can't be guilty of both.
        That sort of makes sense....how can they say that the driver details were not given, then at the same time 'do' the driver?
        But again, best to ask at PePiPoo.....they are 'cutting edge' on this stuff.
        Last edited by charitynjw; 12th September 2017, 00:24:AM. Reason: Added a bit
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Speeding fine and s172 failure to identify driver

          Thanks for this advice - sadly no letter to drop the Failure to identify if I admit the speeding. The person I spike to at court suggested this could happen if I pleaded guilty to both but surely by pleading guilty to failure to identify they will therefore find me guilty of it. Or do they have the discretion to drop the failure to identify once you've admitted the speeding?

          Finally, if I do plead guilty to failure to identify, do you automatically get £1000 fine and 6 point - or again is this variable ? I'm particularly worried about the points.

          Comment


          • #6
            Re: Speeding fine and s172 failure to identify driver

            Penalties on conviction vary never seen maximum handed out myself if you appear in court the failing to notify may be dropped but you can have your say in court on both charges if they bring both up.
            You are at the mercy of the magistrate here im afraid

            Comment

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