search.noResults

search.searching

saml.title
dataCollection.invalidEmail
note.createNoteMessage

search.noResults

search.searching

orderForm.title

orderForm.productCode
orderForm.description
orderForm.quantity
orderForm.itemPrice
orderForm.price
orderForm.totalPrice
orderForm.deliveryDetails.billingAddress
orderForm.deliveryDetails.deliveryAddress
orderForm.noItems
KNOW YOUR RIGHTS


guilty to speeding. I don’t know if I should do that if I wasn’t speeding. But I just want it dealt with. Is that the sensible thing to do?


A A


For the reading given, you will be at risk of a 12 to 16-month disqualification and an unlimited fine. Unfortunately drink driving carries a mandatory, minimum 12-month disqualification. There is no dis- cretion for the courts not to disqualify. If you plead


guilty, you will be banned. The best sentence you can hope for is a 12-month ban together with the option to complete a drink drive rehabilitation course which, when completed, would take 1/4 off the ban.


It is different from, for example, a totting disqualification. When a person accumulates 12 or more points during a three-year period, they are at risk of a six-month ban, but that is discretionary, and the courts don’t have to ban you. They can consider an exceptional hardship argument and decide not to disqualify. They cannot do that with drink driving cases.


If you want to try to avoid the disqualification, we will need to discuss the offence with you in more detail and review the papers so that we can advise if there is any defence.


Q


During the first lockdown when my partner and I were at home we were sharing both of our vehicles because we only have a small drive, and we would take the car that was parked at the end of it. At one point one of us was speeding in the car but we


didn’t know who it was. It was only at 35 in a 30mph zone. We got a letter from the police asking us to name the driver, but we said we didn’t know. We both have clean licences so there was nothing to avoid. We wrote back to them to explain we didn’t know and then they ended up prosecuting me for failing to provide driver information. When I got the letter from the court, I pleaded not guilty to that and to speeding, for which they had also prosecuted me. They then sent me a Summons for trial. I am now going to court in April and I just feel completely out of my depth. The prosecution wrote to me yesterday to say that they will withdraw failing to provide driver information if I plead


APRIL 2021


That is certainly an option open to you. Failing to provide driver information carries six penalty points and up to a £1,000 fine. Speeding carries three penalty points and up to a £500 fine. So half the sentence.


If you accept their offer, then you would be sentenced for speeding. The court imposes the points and the fine and that will be the end of it. They could probably even do that in your absence without you ever having to go to court.


If you reject their offer, it is a gamble. Both matters, so speeding and failing to provide driver information, would go to trial.


Unless they have strong identification evidence of you speeding, so for example a front facing photograph, then it is unlikely they will have enough identification evidence to find you guilty, so it is likely that matter would be withdrawn.


That would leave failing to provide driver information. You may have a defence to that as well. If the keeper of the vehicle is unable to nominate the driver there is a defence available if you can show that you did not know who was driving and could not with reasonable diligence have ascertained who it was. In your case the reason you did not know was because you were both sharing the vehicle regularly, so could not obviously work out who it was. The key to your defence is going to be the diligence that you’ve exercised and the steps you took to try to work it out. It could include things like checking your bank statements to see if you were on the way to the shop or had stopped for petrol, perhaps checking your phone records and diaries to see if anything could have jogged your memory.


If you have gone to those lengths and you have a strong defence, it may be to your benefit to defend both matters as you may walk away with no points and no fine. However, it is a gamble because if you lose, then you will end up with six points and £1,000 fine. It is too late at that point to go back and accept their offer of a plea to the speeding offence.


Call me so that we can discuss further.


This impartial advice has been provided by Patterson Law Solicitors 01626 359800 www.pattersonlaw.co.uk


85


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92  |  Page 93  |  Page 94  |  Page 95  |  Page 96