Stopped for speeding A very interesting case and advice needed please

[andyb53]

Hi to everyone. I have posted before on this subject but there has been a development and I would appreciate advice.

In August 2016 I was driving along a road after just being told I have bowel cancer. Son my mind was on “other things”. The road in question has a variety of speed limits and there are a total of 7 within less than a mile of road ranging from 70 to 30. I was in a line of traffic going no faster or slower than anyone else Suddenly a Policeman jumps out and pulls me in for allegedly doing 45 in a 30 limit. Quite how he knew it was me, I do not know as I was in a line of traffic. It could easily have been any car in front or behind that showed on his speed gun. I heard nothing at all until 1^st April this year when I was summoned to appear in Court.
When I checked the paperwork I notice that they had the wrong registration for my car. I was also concerned that the police may have in fact clocked someone else in the queue of traffic Basically I WAS driving a car at the time but I was NOT driving the car with the registration mentioned in all the court paperwork and on a number of documents including the policemen’s signed statement. I decided to explain this and plead NOT GUILTY in full in a detailed letter which was sent Recorded Delivery. Again I heard nothing for many weeks then suddenly again today I received a summons for my Trial at Magistrates Court which despite me explaining, in great detail about the registration number error, they still have the wrong registration on the paperwork. My questions are…
1) Can the police proceed with a prosecution 9 months+ after being stopped? I have not had any form of Notice of Intended Prosecution nothing from Aug 2016 to April 2017
2) Bearing in mind I have pointed out their error in the registration and they still have continued with it, Do I still plead not guilty and can I have the prosecution thrown out of Court?
Members help and advice will be much appreciated

[Kati]

Re: Stopped for speeding A very interesting case and advice needed please

[MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] ... one for you maybe??

[des8]

Re: Stopped for speeding A very interesting case and advice needed please

1) The NiP would have been given verbally when you were pulled over
2) the police have 6 months in which to lay information before the court. The summons may be issued several weeks later.
3)The error in your registration number is not going to help you. A minor glitch (U for V) is easily explained by copper's poor handwriting (see previous thread)

Regarding your plea of "not Guilty" you have not posted any proof that you were not exceeding the speed limit.
The bad luck that you were the chosen one is just that.. bad luck.

IMO you would be better changing your plea to Guilty unless you are convinced, (and can convince the magistrate) you were not speeding.
A letter in mitigation, ie momentary distraction following devasting news from hospital (include medical evidence), it being out of character as evidenced by ? years of clean driving licence, might help in reducing fine. Keep the letter as brief as possible as too much can give a wrong impression.
The fact you were in a line of traffic, all therefore speeding, is not considered a valid excuse so don't use it.