sjpn for No insurance - will loose licence

[harimalone]

At this stage all you need to ensure is that the court is aware of your intentions. So I suggest something along these lines:

Although I have pleaded guilty I have asked for a hearing which I can attend because I intend to argue that there are "Special Reasons" not to endorse my driving record and impose penalty points or a disqualification. Could you also please place on record that my guilty plea is on the basis that my partner did not attempt to secure insurance cover after I was stopped by the police. Cover had been purchased before I began driving. I therefore disagree with the statement of [PC Plod] and object to its contents being used as part of the prosecution's statement of facts. .

You don't have to mention the Newton Hearing - as I said, whether that's needed is a matter for the court to decide. . Do not provide any evidence at this stage. You can get that together when you have a hearing date and you have decided on your strategy.

Just thinking that through the likely scenario briefly, at your hearing you and the prosecutor will have to produce a written version of your basis of plea which you will both sign. If you then produce evidence, which the court accepts, that cover was purchased at 12:08, that largely kicks the officer's claim into touch. But don't worry about the process at this stage. The Magistrates have a Legal Advisor to advise them on points of law but he or she also has a duty to you, as an unrepresented defendant, to guide you through the court process.

Let me know if I can help further.

just as I was finalising this email/letter to send today. I received a summons on referral to court. It says on the back “my case has been referred to a full magistrates court” the date is on 20th June which is not far away at all.

Should I still go ahead with sending the email/ letter. And do I send it to the original court or the one my case will be heard at ?

[HandyAndy]

I would still send it in (obviously cutting out the bit about asking for a hearing you can attend as you've already got that). The more you tell them of your intentions in advance the less chance there is of them saying they didn't know of them. I think the most important of the two is to inform them of your basis of plea but whilst you're telling them about that you might also tell them of your intention to argue Special Reasons..

I would send it to the court where you have been asked to appear.

[harimalone]

I would still send it in (obviously cutting out the bit about asking for a hearing you can attend as you've already got that). The more you tell them of your intentions in advance the less chance there is of them saying they didn't know of them. I think the most important of the two is to inform them of your basis of plea but whilst you're telling them about that you might also tell them of your intention to argue Special Reasons..

I would send it to the court where you have been asked to appear.

Appreciate your assistance, please review below for what I will be sending today.

"1st line = info about the case im facing , my name , hearing date , time etc. then follow with the below.

Could you also please place on record that my guilty plea is on the basis that my partner or myself did not attempt to secure insurance cover after or during I was stopped by the police. Cover had been purchased before I began driving. I therefore disagree with the statement of [PC Plod] and object to its contents being used as part of the prosecution's statement of facts. Although I plead guilty I intend to argue that there are "Special Reasons" not to endorse my driving record and impose penalty points or a disqualification. With this in mind can you please update my files with this information in order to make the necessaryadjustments."

I will send a letter of the same contents as a letter of confirmation for receiving my email.

Will this suffice ? again appreciate your time

[HandyAndy]

Sounds good to me.

[harimalone]

Sounds good to me.

hey just an update after sending the email / letter see below there response in terms of next steps is this enough to go ahead with?

“I have saved your email to the case, but you need to attend court on xx/06/2024 at XXXX Magistrates' Court at XXX for special reasons.”

[HandyAndy]

hey just an update after sending the email / letter see below there response in terms of next steps is this enough to go ahead with?

“I have saved your email to the case, but you need to attend court on xx/06/2024 at XXXX Magistrates' Court at XXX for special reasons.”

That seems about right. They obviously have your e-mail which mentions both Special Reasons and your basis of plea.

[harimalone]

That seems about right. They obviously have your e-mail which mentions both Special Reasons and your basis of plea.

Thanks for your help, in terms of next steps for myself do i essentially attend and run both special reasons and the basis of plea/newton hearing. will there be enough time for all.

Any suggestions on how i can prepare?

[wales01man]

Am i reading this correct insurance purchased at 12.08 but cover starting at 12.30 ?
Stopped at 12.15 by police is this in their statement looks like you were not insured when stopped ?

[HandyAndy]

Am i reading this correct insurance purchased at 12.08 but cover starting at 12.30 ?
Stopped at 12.15 by police is this in their statement looks like you were not insured when stopped ?

Correct. I think we’ve already done this once (posts #10 and #11).

Any suggestions on how i can prepare?

It depends on the court how much they will hear. Depending on their workload they may adjourn your case to another hearing.

Nonetheless, whenever it goes ahead I think the first thing they should determine is whether a Newton Hearing” (NH) is required. If it is, it’s almost certain to be adjourned. You must ensure the court is aware of your “basis of plea”. You must emphasise that it disagrees with what the prosecution will offer as a “statement of facts” and that you believe that if the prosecution’s version of events is used it will compromise your Special Reasons (SR) argument. The prosecution will be asked if they are prepared to proceed on your basis. If they are, no NH will be necessary (and your version of events, rather than that of the prosecution, must prevail when the court considers your SR argument). If they are not, a NH will have to be ordered and the officer asked to attend.

If your basis is accepted that just leaves your Special Reasons (SR) argument. Presumably your argument will be that cover was purchased before you began driving (for which you should provide evidence) and it was an error (made by your partner?) which led to cover not beginning until 12:30. You therefore had no reason to believe you were not covered when you set off. Evidence from your partner may assist. Although it is ultimately your responsibility to ensure cover is in place (hence your guilty plea) in the circumstances you describe, asking her to arrange temporary cover was not unreasonable and it was unfortunate that the error was made.

[wales01man]

Correct. I think we’ve already done this once (posts #10 and #11).



It depends on the court how much they will hear. Depending on their workload they may adjourn your case to another hearing.

Nonetheless, whenever it goes ahead I think the first thing they should determine is whether a Newton Hearing” (NH) is required. If it is, it’s almost certain to be adjourned. You must ensure the court is aware of your “basis of plea”. You must emphasise that it disagrees with what the prosecution will offer as a “statement of facts” and that you believe that if the prosecution’s version of events is used it will compromise your Special Reasons (SR) argument. The prosecution will be asked if they are prepared to proceed on your basis. If they are, no NH will be necessary (and your version of events, rather than that of the prosecution, must prevail when the court considers your SR argument). If they are not, a NH will have to be ordered and the officer asked to attend.

If your basis is accepted that just leaves your Special Reasons (SR) argument. Presumably your argument will be that cover was purchased before you began driving (for which you should provide evidence) and it was an error (made by your partner?) which led to cover not beginning until 12:30. You therefore had no reason to believe you were not covered when you set off. Evidence from your partner may assist. Although it is ultimately your responsibility to ensure cover is in place (hence your guilty plea) in the circumstances you describe, asking her to arrange temporary cover was not unreasonable and it was unfortunate that the error was made.

Well looks like no insurance cover at 12.15 guilty ?

[HandyAndy]

Well looks like no insurance cover at 12.15 guilty ?

Please read your post #10 and my post #11.

If you also read the rest of the thread you will see what the OP is planning to do and what he wanted advice on..

[wales01man]

Please read your post #10 and my post #11.

If you also read the rest of the thread you will see what the OP is planning to do and what he wanted advice on..

Advice is plead guilty no insurance at 12.15 or can we all drive uninsured and when caught get covered 15 minutes later?

[HandyAndy]

Advice is plead guilty no insurance at 12.15 or can we all drive uninsured and when caught get covered 15 minutes later?

He is going to plead guilty. I think it best if we leave it there as you seem to be having a bit of difficulty.

[wales01man]

He is going to plead guilty. I think it best if we leave it there as you seem to be having a bit of difficulty.

I have no difficulty no insurance guilty of they are trying to avoid a ban hope they succeed

[islandgirl]

We usually hear special reasons in a normal traffic court. If a NH is needed it will be another court date I assume. HA has hit the nail on the head - the mags will have to decide if they do not accept the officers statement will it make a difference to the sentence. It may well do, as if I were hearing this case there would be a difference between making the decision to drive uninsured and then panic buying on being stopped and doing the right thing, trying to be insured but making an error re the timing. Clearly the OP is guilty, but it is to what degree...