Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: anonman on July 16, 2024, 11:25:52 pm
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According to the 'Statement of facts' the reason for this criminal offence is because I was speeding. However, according to the witness statements the reason for the charge is because although I paid the fine, I failed to provide my driving licence details (see part 2 above).
The reason for this offence is a simple human error of not realising I had to send the second form back.
The reason for the offence is you breaking the speed limit, that hasn't changed, the reason it has progressed to court is your failure to comply with the terms of the fixed penalty offer, that is NOT an offence in it's own right.
It would seem sensible to plead guilty to the offence charged and in the mitigation explain your mistake in not supplying licence details and asking for a sentence at the fixed penalty tariff inline with the sentencing council guidance of
where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. Please refer to the list of offences for which penalty notices are available, and the amount of the penalty
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Guilty - ask to be sentenced at the same level as the fixed penalty.
No.
No.
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I would like your advice on a situation I'm in. I've explained the situation below (and broken it into 3 parts so its easier to read)
Part 1
I was speeding (going 56mph in a 40mph zone). I received a letter from the police asking if I was the driver and to provide details of my driving license. I filled this letter and sent it back to the police confirming that I was the driver and provided my driving licence details as requested from the form.
Part 2
A few days later the police sent me a Conditional Offer of Fixed Penalty where I was required to pay a fine and submit my driving licence details.
I paid the fine but didn't realise i had to also send my driving licence details (I thought I had already sent it from the previous letter in Part 1).
Part 3
I have now received a letter stating that I have been charged with a criminal offence. I have the option to plead Guilty or Not Guilty and have a court hearing next month.
According to the 'Statement of facts' the reason for this criminal offence is because I was speeding. However, according to the witness statements the reason for the charge is because although I paid the fine, I failed to provide my driving licence details (see part 2 above).
Initially after receiving this I thought this was an admin error because as I mentioned before, I thought I already submitted my details in Part 1. However, having checked my paperwork I realised I was suppose to send my driving licence after paying the fine (Part 2)
I'm very distraught at receiving this letter (from part 3) as I have never committed any criminal offences before. The reason for this offence is a simple human error of not realising I had to send the second form back. The fact that I sent the letter in Part 1, and paid the fine in part 2 shows that I admitted to the offence but because of my own human error I didn't submit my driving licence details for the fixed penalty notice. However, at the time I did not think to do so because I had already submitted my driving licence details before.
My question:
I guess I wanted your general advice. Should I plead Guilty or Not Guilty? (Bearing in mind I have already admitted to the crime by submitting the paperwork in Part 1 and paying the fine in part 2.)
I'm also worried on how this will affect my life? Will this go on my record? Will this affect my future job prospects (I'm NOT a driver by profession)?
It was a genuine mistake and I never intended to conceal or mislead any information in the process.
For reference, I'm based in England