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Full Version: Wrong Location on Summons Advice Plz
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YoungHGVDriver
Hi I am a young HGV Driver, who attained licence 2 years before 21 at the age of 19. Almost 22 now, have a very good clean record of driving. The situation is I crossed a Level Crossing on a red stop light, bout 2 months back, won't go into details, but in my opinion was safer 2 do so than lock up the brakes trying to stop and slide into the barrier.
The advice I need relates to a discrepancy between the correct location give on the Notice of Intended Prosecution and the incorrect location detailed on the Magistrate Summons. If i can prove i was not a the said location of magistrate summons, will they discard the case?
Many Thanks in Advance for Advice
davepoth
How wrong is the location?
YoungHGVDriver
Locations are 10 miles apart on differing roads, same railway line.
YoungHGVDriver
Not sure what to do, if I wasn't at the said location on Magistrates summons, they can't prove I was right cus there is no evidence. Infact i have fuel receipt, weighbridge ticket and tacograph evidence which puts me on a differing road at said time. However i did still commit an offence crossing a level crossing on red light on differing road. Help?!
Lynnzer
QUOTE (YoungHGVDriver @ Sat, 7 Apr 2007 - 12:19) *
Not sure what to do, if I wasn't at the said location on Magistrates summons, they can't prove I was right cus there is no evidence. Infact i have fuel receipt, weighbridge ticket and tacograph evidence which puts me on a differing road at said time. However i did still commit an offence crossing a level crossing on red light on differing road. Help?!

Put this in perspective.
Let's for argument sake say you are charged with passing a red light on the B20 crossing in Little Mead but you were nowhere near Little Mead, then are you guilty of this offence. Of course not.
It matters not if you actually crossed a red light at a crossing in Upper Mead. They haven't charged you with that have they? The NIP was correctly made out so it not your fault if they cock up the summons. It doesn't matter what information you gave on the NIP. If they are charging you for another offence that's their problem not yours.
So what do you do? You plead not guilty.
The CPS have to prove their case beyond reasonable doubt. They will offer whatever it is they hold as evidence to the court. You will then produce the stuff that shows you were 10 miles away and submit that as you weren't at the scene of the alleged offence you can't be guilty.

This isn't a case of vague locus which is used to considerable effect by others on the forum. It's a case of the locus being posiviely identified, but wrongly. If you weren't there you can't be guilty.
Of course the court doesn't need to know that you made a red light crossing further up the track. They aren't charging you with the offence in that location so you won't let them know about it, will you?
The only thing they can try and do to rectifuy this situation is to claim a typographical error in giving the wrong location. As there's a distance of 10 miles between the two places, and probably a huge difference in the names of each place then this is more that a mere typo.
In the meantime don't let them know about it beforehand as it will give them time to correct the summons.
It might also be worthwhile completeing the NIP Wizard so we can see as much info as possible, and if you could PM me with more personal stuff I can dig around and maybe point you in the right direction easier.
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