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Single Justice Procedure Notice - Speeding & Fail to give information
mellowish
post Wed, 19 Feb 2020 - 00:00
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Hello,

I’m looking for some advice as I’ve been sent a Single Justice Procedure Notice for Speeding (Exceed 30 miles) / Fail to give information about the driver. The speed was 36mph. I completed the initial form, but due to moving house, work etc I forgot about it & when I went to pay the fine/send it off I was unable to & was sent with the Procedure Notice.

I have done some forum searches & am wondering what would be the next best step forward? Should I plea guilty or not guilty & obviously write a mitagation. I am just very angry at myself for not completing the initial form & have never had to go to court or deal with the police, so am quite worried.

I have had my license for 10 years & currently have no points on it.

I have tried to ring & email the initial Camera Ticket Office but no luck.

Also if the matter ends up going to court, will it show on future CRB’s?

Many thanks in advance.
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post Wed, 19 Feb 2020 - 00:00
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Logician
post Wed, 19 Feb 2020 - 00:38
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The failing to give information charge is more serious than the speeding in that the penalty is 6 points and a large fine, worse still it is an offence insurance companies particularly dislike, so will load your premium. What you need to do is to follow a well-tried procedure under which you plead guilty to the speeding on condition that the s.172 (failing to give information) charge is dropped.

You should indicate a plea of Not Guilty to both offences, which will result in your case being transferred out of the single justice procedure and into a normal court. You should attend that court on the date set. As there is no evidence as to who was driving your car, since you have not told them, there can be no conviction for the speeding unless you plead guilty. Get to court early and ask one of the ushers (people scurrying about with clipboards and possibly gowns getting things organised) to point out to you the prosecutor who will be dealing with traffic matters. Say to him/her that you will plead guilty to the speeding if they will drop the s.172. We have never heard of prosecutors refusing to do this, they prefer to get a conviction for the underlying offence, and regard the two offences as effectively alternative offences. If you do not manage to speak to the prosecutor beforehand, you should still be able to do the deal in the courtroom. It is very difficult to do this in advance of the court hearing as you would have trouble speaking to the right person, so you will have to attend court but no one is going to shout at you there.

The pity of it is that had you sent off the form, and had not previously done a course for an offence in the previous three years, a course is what you would have been offered, provided the offence was not in Scotland.

Speeding is a criminal offence, but is not recorded on the police national computer. It will not be disclosed on a CRB check unless it is relevant to the reason for the check. You must however disclose it to your insurers, either immediately or on renewal, depending on the terms of your policy, but it is unlikely to make much difference to your premium. If it does, it is time to get other quotes.


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mellowish
post Wed, 19 Feb 2020 - 18:01
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Thank you for your advice. I know I’m so angry at myself.

In the Mitagation is it worth writing anything?
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666
post Wed, 19 Feb 2020 - 18:14
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QUOTE (mellowish @ Wed, 19 Feb 2020 - 18:01) *
Thank you for your advice. I know I’m so angry at myself.

In the Mitagation is it worth writing anything?

No! You should be pleading NOT guilty to both charges. There is nothing to mitigate.
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southpaw82
post Wed, 19 Feb 2020 - 18:54
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QUOTE (666 @ Wed, 19 Feb 2020 - 18:14) *
QUOTE (mellowish @ Wed, 19 Feb 2020 - 18:01) *
Thank you for your advice. I know I’m so angry at myself.

In the Mitagation is it worth writing anything?

No! You should be pleading NOT guilty to both charges. There is nothing to mitigate.

Yet.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Logician
post Wed, 19 Feb 2020 - 19:59
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QUOTE (southpaw82 @ Wed, 19 Feb 2020 - 18:54) *
QUOTE (666 @ Wed, 19 Feb 2020 - 18:14) *
QUOTE (mellowish @ Wed, 19 Feb 2020 - 18:01) *
Thank you for your advice. I know I’m so angry at myself. In the Mitagation is it worth writing anything?
No! You should be pleading NOT guilty to both charges. There is nothing to mitigate.
Yet.


If you have any mitigation you can put it forward when you change your plea to guilty, but it is highly unlikely that any mitigation will affect the sentence, you cannot be given less than three penalty points, which is what would be expected anyway.



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mellowish
post Fri, 21 Feb 2020 - 10:55
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Thank you all for your help & explaining things.
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