Charged with speeding and failure to give information

[winifred]

Hi there, can anyone advise please.

My son who regularly uses hire cars had a letter last year detailing a speeding offence caught on camera. He ignored the letter forwarded by the hire company. I think he just expected a fine letter to arrive in the post. He has moved from the home address but his post still comes to us.

Anyway, a letter came yesterday with a court date for 5/3/15 and he is charged with the speeding offence and also with failure to give information.

There is a form that he can complete to plead guilty and it says he does not necessarily need to appear in court.

Can anyone advise please. I wonder how serious this charge is and what his best course of action is. Is there anyway to address this before the court date. He admits the speeding offence.

many thanks Jayne

[mystery1]

Re: Charged with speeding and failure to give information

In order to convict for speeding they need a returned and signed form. They don't have it.

In order to convict for failure to furnish they need to prove they made a s172 requirement which will be easy for them. There is a defence available

(4)

A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.



http://www.centralchambers.co.uk/fai...igent-defence/

If he wants an easy way out then turn up at the court and speak to the CPS person who will usually take a deal for speeding and drop the FTF charge.

M1

[winifred]

Re: Charged with speeding and failure to give information

Thankyou. May be a stupid question but turn up at court on the date of the hearing, not before?

[Mineral1]

Re: Charged with speeding and failure to give information

Mmmm Thats a case of a mole hill having grown into a mountain. Without offering any specific advice well of course if the letter from the car hire company wasn't registered then your son obviously didn't get it.... Not his fault that....
So... Fill in the acceptance of the speeding and just plead ignorance to any failure to supply documents... Can't supply what you didn't know about gov :tongue2:

[mystery1]

Re: Charged with speeding and failure to give information

Thankyou. May be a stupid question but turn up at court on the date of the hearing, not before?

Correct. Be careful in saying that he will only plead guilty to the speeding on the condition that they drop the FTF as he doesn't want that extra 6 points on top !

M1

[mystery1]

Re: Charged with speeding and failure to give information

Mmmm Thats a case of a mole hill having grown into a mountain. Without offering any specific advice well of course if the letter from the car hire company wasn't registered then your son obviously didn't get it.... Not his fault that....
So... Fill in the acceptance of the speeding and just plead ignorance to any failure to supply documents... Can't supply what you didn't know about gov :tongue2:

That's an easy 6 points to give away doing that !!!!

M1

[winifred]

Re: Charged with speeding and failure to give information

You can tell I'm unfamiliar with this. He can actually say to them that he will only plead guilty to the speeding on the condition they drop the FTF charge

[Mineral1]

Re: Charged with speeding and failure to give information

You go argue your point, my other half did.. It's still beyond reasonable doubt

[mystery1]

Re: Charged with speeding and failure to give information

You can tell I'm unfamiliar with this. He can actually say to them that he will only plead guilty to the speeding on the condition they drop the FTF charge

Yes. Remember to get there early and seek out the CPS bod. The person with the clip board will point them out if you ask. Do not wait until in front of the judge to ask

M1

[winifred]

Re: Charged with speeding and failure to give information

What would be the next move if he won't go with that. Or are they usually amenable. And..... if they do agree to drop the FTF does he still then go before the judge?

[mystery1]

Re: Charged with speeding and failure to give information

What would be the next move if he won't go with that. Or are they usually amenable. And..... if they do agree to drop the FTF does he still then go before the judge?

They usually take the easy way out.

Yes he goes in before the judge on speeding only, pleads guilty, apologises and walks out with his tail between his legs. He should ask to pay up the fine if he wants but they may ask why so be ready in case.

M1