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Full Version: Should I request my video or clean my suit and plead guilty
FightBack Forums > Queries > Speeding and other Criminal Offences
mea00jjr
I was caught by a mobile camer van in derbyshire apparently doing 50 in a 30, the RK recieved the NIP a couple of days later and replied with my details on day 27, I then filled in my NIP 27 days after recieving it.

Got my summons today and am wondering what to do so any advice would be welcome.

Should I request my video as it seems the more hoops you make the police and CPS jump through the more chance there is of them making a mistake or should I plead guilty and put on my best suit and try to limit the damage.

The pleading guilty route I would like to attend court but am unavailable for the date on the summons, can this by changed or do I have to just plead guilty in writing if I can't make it.

The requesting my video route, that involves me pleading not guilty and giving a brief defense statement then requesting my video, If the video is given to me and it shows I was speeding (which it prob will) can I change my plea before the trial but will I recieve a harsher penalty for not pleading guilty in the first place and more costs as i have taken up more of the courts time.

If i don't recieve the video can I be convicted purely on the PC's witness statement and my signed NIP.

What are the odds of me not recieveing the video and having the case thrown out, whats Derbyshire constabulary's stance on provideing the video evidence.

Appologies for so many questions but this is my first speeding penalty and my first post, any help is very much appreciated.
sgl
Welcome to the jungle mate:)

First of all theres no need to panic.....take a look here and fill in the Wizard please.
http://forums.pepipoo.com/index.php?showtopic=2906

wink.gif
mea00jjr
For more info I was driving my girlfriends car at the time so she go the initial NIP a couple of days after the event, being a bit disorganised she waited till the last safe moment to return the NIP naming me as the driver, I was happy with this as I don't want her to be in any trouble, I then recieved my NIP and again returned it signed at the last safe moment.

I was driving the car and I was speeding I'm wondering if there is some sort of silver bullet to get me out of this mess i've made for myself,

I'm not entirely convinved that the 50mph reading is true and thought I was going closer to 40-45mph in the 30 zone.

heres the NIP wizard responses:

NIP Details and Circumstances

What is the name of the Constabulary? - Derbyshire

Date of the offence: - March 2007

Date of the NIP: - 1 days after the offence

Date you received the NIP: - 2 days after the offence

Location of offence (exact location as it appears on the NIP: important): - Bolsover, shuttlewood road
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Not known

If your are not the Registered Keeper, what is your relationship to the vehicle? - It was my girlfriends car and I was driving it at the time

How many current points do you have? - 0

Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - [b]rounded a left haqnd bend on shuttlewood rd which then goes down hill there is another hump in the road which is why i didnt see the van it was parked on the left hand side of the road in a layby. I was going at 50 when i went over the brow of the hump and then saw the van, hit the brakes and got down to about 40 as i passed the van, the photo that was sent with my summons shows me traveling away from the van with my brake lights on and a reading of -50 in the top right corner.

NIP Wizard Responses

These were the responses used by the Wizard to arrive at its recommendation:

Have you received a NIP? - Yes

Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No

Is the NIP addressed to you personally? - Yes

Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - No

As you were not responsible for the vehicle, somebody else has named you as the driver. Were you driving? - Yes

Which country did the alleged offence take place in? - England

NIP Wizard Recommendation

Based on these responses the Wizard suggested that this course of action should be considered:
Complete the PACE witness statement.

The NIP wizard suggests using the PACE statement but I have already filled in the NIP and returned it, I have now recieved a summons, Is it now too late to use a PACE statement?
mea00jjr
Thanks for the reply

I have gone through the NIP wizard and it suggests PACE but as I have already returned my NIP completed and signed is it not too late for that,

I am at the stage where i have recieved my summons
mea00jjr
so what should I do next, If I plead not guilty I ought to let the court know asap
sumo
QUOTE (mea00jjr @ Fri, 27 Jul 2007 - 15:32) *
so what should I do next, If I plead not guilty I ought to let the court know asap



If Derby give out video evidence, they will only do so after a not guilty, if you plead guilty they will give you nothing.
Some areas will send Video, some invite you to a station to view, some with your trial pack and some will fight nail and tooth not to disclose.
If you plead not and get a video you can always change your mind an plead guilty after viewing if that is what you want to do.

good look

Sumo
mea00jjr
I have returned the pink slip in the summons and pleaded not guilty so my next thing to do is wait for the trial date once I have this request that the CPS or the Police provide me with the entire video 7 days before the trial.

Or is there a pre-trial review if so what happens here?

Who do I request the video from is it the police or the CPS?

Is there anything I should be doing in the mean time?
The Rookie
You need to prepare a breif defence statment (search on here for examples) and sue that to request the video from the CPS (sent special delivery) and copied to the court (HMCS). once you have the video anything that comes to light will then require a revised statements with further requests.

A PTR is only usually held when either side has an issue with the way things are proceeding, so for example they refuse to send the video, you request a PTR (if you want) to get the courts to force them to hand it over.

Simon
mea00jjr
Ok the whole sorry episode seams to be over now.

I was unable to attend court due to working away so all my comunications had to be by post (this was during the post strike, great!) luckily friends helped me by hand delivering letters to the court.

The whole thing was dragging and dragging so I wanted to change to a guilty plea and get it over and done with, I didnt really have any sort of defence but was rather waiting and hoping they would make an error.

So I got a fine of £100 and costs of £35 and 4 points, but here's the interesting part, they can't endorse my license as its from Northern Ireland, I always thought that endorsing an NI license in England was similar to endorsing a welsh or scottish license in england.

The DVLA (NI) wont even endorse but they will be made aware of it and so will the DVLA in mainland GB.

Does anyone have an opinion on this as I thought a UK license is a UK license and it says UK on the EU flag on the plastic card on my one.

What does this mean regarding insurance and any time i'm asked about my license eg when buying insurance do I have 4 points or not, same with when getting hire cars etc.

Also thanks for everyones help from this site as it made the whole experience less scary, knowing what to expect.
mea00jjr
For information

I just called my insurance company and told them of my recent conviction but they didn't care as there were no points on my license.

To be honest the biggest worry I have about being caught speeding was the increased price of insurance and the possibility of a totting up ban, the fines are just an added inconvenience. So it looks like I nearly got away with it, should I add this to the success stories?

Everyone should get a NI license, I shall definately be renewing mine over there rather than in England.
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