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Should I just plead guilty to get CPS off my back!!!

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  • Should I just plead guilty to get CPS off my back!!!

    In April of last year I was accused of various traffic offences including by a very bullish and unpleasant police officer. I work alongside the police every day so i know they are not all like this, actually most are very decent. Eventually the CPS dropped all charges except "driving without due care and attention".
    I initially got a solicitor because I was worried about the trumped up charges and I need to protect my licence because i run a business and need a car.
    Yesterday I spent the whole day sat in a freezing cold corridor of a court with my solicitor and the case was not heard and is now adjourned for another month.
    The only evidence of ""driving without due care and attention" is bodycam footage of me stood on the side of the road talking to the police and at no time did i admit any offence. So in the morning the cps agreed with my solicitor that when the case is heard the bodycam footage will not be used.
    We then waited from 9.30am to 4.30pm then were invited into the court room to have it explained that the case would be adjourned. While in the court room i was astonished and disgusted that the cps, magistrate and police were having a cosy chat not just about the "driving without due care and attention" but also the other charges that have been withdrawn. My solicitor just stood there and said nothing!!!!!!!!
    I am beyond despair because I have been driving for 37 years, I have the maximum no claims and a completely clean licence. I have never committed a crime and a decent hard working tax paying citizen. This whole sham has cost me 1200 in legal fees so far and could be adjourned again costing me another 600 to have a solicitor represent me for another day.
    I am just thinking plead guilty to get the whole thing shut down because I have had sleepless nights worrying about the whole thing for the last 10 months.months.
    What are peoples thoughts on this
    Tags: None

  • #2
    More info please. You say magistrate singular. Were there one or three people on the bench? How on earth can you have been charged - what happened to lead to the allegation (not just standing chatting clearly). If you give us more detail we may be able to help. I find it utterly astonishing that anyone would have a case discussion as you say.

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    • #3
      The allegation was "driving without due care and attention" The police officer says in his witness statement that i swerved around a car and went through a red light. From his statement where he was positioned it would have been impossible to determine the phasing of the lights. They would have been facing away from him. When they stopped me he was throwing all kind of allegations at me including drinking and driving but didn't breathalyse me (all of which have been baseless) and asked me for my licence. When i presented my licence he snatched it out of my hand and said "is it clean?" i said "of course it is" he laughed and said "not now is it!!!" They also admitted they failed to turn on the dash cam on their patrol car so did not film the alleged offence.
      Yes there was one magistrate in the court and the conversation did take place between the magistrate, the cps representative and the police officer within 10 feet of me. My solicitor heard them as well but said nothing but did say afterwards i should be complaining to the CPS.

      Comment


      • #4
        It will have been a district judge and not a magistrate. I would have found it hard to believe a mag having a conversation like that but a DJ is a different kettle of fish! You should certainly ensure the case if it goes ahead is not heard by the same person who had that conversation. Having seen all the disclosure docs what does your sol say? Leave aside all the stuff with the Police - you get officers like that sadly - concentrate on the offence. Did you swerve around a car dangrously whatever phase the lights were at? Could your actions have caused an accident? If the only witnesses are you and the officer (assume he will be called) then it is difficult and depends, quite honestly, on whether you did it or not and what evidence the Police have against you.

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        • #5
          I wouldn't be complaining with the word of one officer and no footage of the dashcam. Your solicitor will be able to bring up that the office wouldn't have been able to see the phasing of the lights by asking where they were positioned and then with screen grabs off Google Street view show it impossible for them to know the phasing.

          At that point the case collapses, I'm quite surprised it hasn't already if that's been included in the evidence.

          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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          • #6
            I do appreciate your response, this is the thing, i have never been in court and do not know what is what and the rights i have or do not have. I thought my solicitor would be guiding me through the proceedings and telling me what to say and not say. He did say it really was 50/50 as the only real evidence was the police officers statement. I must say my solicitor didn't guide me very much.
            I swerved around an uber taxi who just went into my lane without any indication which made me swerve around him to avoid a collision. The police were in a queue of traffic at a 90 degree angle and would have to be at least 200 yards from me saw a powerful Jaguar (i know eyes roll, oh Jaguar driver) swerve around a car and thought "what's going on here?"
            The solicitor did say a lot of people just give up because of the hassle and stress, he said the penalty would only be 3 points and a fine as no one was injured, no property damaged so i'm thinking just let them have their prosecution and go away!

            Comment


            • #7
              Originally posted by jaguarsuk View Post
              I wouldn't be complaining with the word of one officer and no footage of the dashcam. Your solicitor will be able to bring up that the office wouldn't have been able to see the phasing of the lights by asking where they were positioned and then with screen grabs off Google Street view show it impossible for them to know the phasing.

              At that point the case collapses, I'm quite surprised it hasn't already if that's been included in the evidence.
              Thank you for the reply : That is what i thought was going to happen but when the DJ or magistrate, police officer and cps started chatting in the corner it was like they all assumed i was guilty. Anyway you may be right and i would like to see the officers statement be thrown out. I thought they had to have their dashcam's on all the time they are on duty. Mind you even the dashcam wouldn't have picked up the lights. I went down the road the police say they were in last night and it is impossible to see the colour of the lights from that angle.

              Comment


              • #8
                You really need to get your solicitor on-side and helping.
                Mags sit in 3s, district judges alone.
                Realistically it is not easy in court to question the view of an experienced police officer - I have seen it done and have often decided against the PC in similar cases but the prosecution always come from the "so you are staying this experience police officer is lying?" standpoint.
                I would be demanding attention from my solicitor - is this legal aid or are you paying?
                The CPS must think they have a realistic chance of conviction with the evidence they have or they would not be willing to charge.
                If you are going to question the officer's evidence you need to have photos of the positioning etc to show the court.

                As for sentence - category 3 if you are lucky and fine of 50% of your income
                Guilty plea drops it by a third.

                https://www.sentencingcouncil.org.uk...-revised-2017/


                Comment


                • #9
                  Thank you for you reply, I would never outright determine a police officer to be lying. Just that he reacted on assumption.

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                  • #10
                    Of course you would not do so but that is the kind of questioning you will face. You need firm evidence to back up your allegation that the officer is wrong.

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                    • #11
                      Originally posted by islandgirl View Post
                      Mags sit in 3s, district judges alone.
                      Stipendiary Mags are also sit alone due to their legal qualifications.
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                      Comment


                      • #12
                        Stipendiary Mags don't exist any more - they are District Judges (since 2000) and are salaried.

                        Comment


                        • #13
                          My experience in 1957 was me and my friend at traffic lights on a motorcycle/sidecar, waiting at lights to turn green, lights turn green, pulling away to turn right, having to stop as traffic from the left would not give way, so stuck in the middle of the road trying to turn right. Lights are now turning Red. all road are now clear, away we go, "O" no you don't off to Court Policeman stands in Court and states. The lights were Red when the defendant crossed the line, I just stood there did not know what to say, I was always thought that Policeman never lie, the Magistrate then asked that the lights were correct order, reply "O" yes your Honour, me fined nicely. From that, I completely changed my opinion of the Police whilst driving. That episode still annoys

                          Comment


                          • #14
                            As an experienced magistrate I know the Police can sometimes be "mistaken". I and most of my colleagues do not take their word as gospel truth but treat it as any other witness. I have made decisions which contradict Police evidence. I hope that things have changed since 1957!

                            Comment

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