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Being Prosecuted with and incorrect traffic report.

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  • Being Prosecuted with and incorrect traffic report.

    Hello,
    I’ve been issued a traffic report back in June 2020 because I was speeding 39mph in a 30mph zone. I received a letter stating that the offence was too excessive to be offered a fine and I will to be prosecuted and I will hear from the courts in due course. I call up the police in a panic and they accuse me of excessive speeding. When questioned what that meant they said I was exceeding the speed limit by 20mph in a 20mph zone. Arguing that the limit is 30 not 20 I was asked to provide evidence. I looked into it I notice that the offence code the officer written on the report is in fact incorrect and I’m being prosecuted for excessive speeding when it should be minor. I send evidence of the faults to the police but all I received back was it’s to late as they have already passed it on to the court.

    I’ve now received the single justice notification with the correct offence code which is different from the report. It also states I was driving 39 in a 30 zone. Which is correct. It’s asking me to plea. I’m furious that this is happened at this time just as the everything more than ever is closing down for Christmas. What shall I plea? I feel if I plea guilty I’m accepting there mistakes, can anything on the officer report be trusted if a mistake is made? Shouldn’t this now be void? Or do I plea not guilty and risk loosing my license? Help me!!!!
    Tags: None

  • #2
    So an error occurred, but it makes no difference as the authorities do not have to issue a FPN.

    You are facing a charge of speeding
    You admit to 39mph in a 30 mph zone
    So plead guilty.

    Why do you think you are at risk of losing your licence?
    It is a band A offence and carries a 3 point endorsement on your licence (unless there are aggravating circumstances)


    You may find more advice at Forums pepipoo.com

    Comment


    • #3
      Firstly, I am no expert on traffic law: all I am doing is making a suggestion: It may be worth doing some research on this. Do you have free legal advice as part of your home insurance or any other way of getting fee or cheap advice?

      My thinking is this: Assuming it was a speed camera that recorded your speed, the law requires that you receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. You need to check if an an incorrect NIP is still valid. It may be that by getting a fact wrong (the incorrect speed limit) you have not received a valid NIP and therefore cannot be found guilty.

      Just a thought, good luck.

      Comment


      • #4
        No good luck from me. I did a speed awareness course and now appreciate what extra harm even very little additional speed can do.
        You have committed an offence. You were around 30% over limit. Accept the consequence and be thankful nothing worse happened.

        Comment

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