Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: AM1994 on January 27, 2025, 01:47:28 pm
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In any case, if you are convicted of the s 172 offence the court must endorse your licence with details of the conviction and six points. The court could find that special reasons exist not to endorse your licence with the points but nothing you have suggested even comes close. In any case, you would still have to declare the conviction to insurance companies.
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You committed the offence when you failed to provide the information within the original 28 days.
There is no provision within the statute for the police to extend the 28 days, but they often allow you a second chance and would not prosecute if you complied with that, as it would not be cricket to do so.
The requirement is for the information to be served on them (delivered). The second chance was for the information to be served on them within the 14 days. Unless you are intending to argue that the notice that you have already told us you posted after the expiration of those 14 days was served on them within the 14 days, and that they are lying about not receiving it, I'm struggling to see what your defence is.
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Sorry I seem to be getting ahead of myself and asking questions without first giving all the information.
Offence occured on the 2/08/2024. I received the NIP on the 6/08/24. I gave the NIP to my wife and forgot about it. She didn't fill anything out or send it so we were sent a reminder. I decided to fill out the form this time and posted it. I did photocopy the completed form but did not send it tracked which was stupid but this was my first NIP I had ever posted. I can't remember the exact dates of the reminder but it did state 10 or 14 days on it.
I'm now sitting here thinking if there is a way for me not to get 6 points and the insurance marker on my name. I'm conflicted whether to plead not guilty to both counts and have my day in court. Or plead guilty for the failure to provide details and ask for leniency as I genuinely did send the NIP odd but I have no proof. Thank you again.
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This is very difficult when we have to come back for each bit of information.
What was the date of the offence?
When did you receive the NIP and request for driver's details?
What was its date?
When did you respond to it?
Did you keep a copy and get proof of posting?
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I guess my next question is after pleading guilty can I ask for leniency as I won't be able to afford to pay for insurance with 6 points and the insurance marker. I can barely pay it now 😂
Not for that reason but the fine will be based on your income so it will automatically reflect your means. Also you will get a 1/3 discount for your early guilty plea.
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The offence was back in August. I sent the form off and forgot about it and the next thing I received was the SJP pack with my charge sheet etc. the above poster was correct the pack included a copy of the original NIP that was sent to me.
I guess my next question is after pleading guilty can I ask for leniency as I won't be able to afford to pay for insurance with 6 points and the insurance marker. I can barely pay it now 😂
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I rather stupidly forgot to send the correct drivers details within the required timeframe.
I sent it just after the 14 days and I'm pretty sure it did not get to the police in time.
What is this "the 14 days" of which you speak?
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I sent it just after the 14 days
It's 28 days actually. And how long ago was that? It is very unusual for the police to prosecute for a response being a little late. Are you sure they received it? How long ago was the alleged speeding offence?
"...as in the documents I was sent a form to nominate the driver if it wasn't me."
What exactly is this form? Is it part of the SJP pack?
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I only asked about nominating the driver at this stage because the pack I was sent included a form to nominate the driver.
That is there as part of the evidence pack, to show the court that the appropriate form was sent to you. Filling it in know is pointless.
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I understand there's not much I can do apart from plead guilty. I only asked about nominating the driver at this stage because the pack I was sent included a form to nominate the driver. And I guess I can't try for a plea deal because I wasn't driving.
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No idea I'm just clutching at straws. So there's essentially no way for me to plead not guilty. Do you think I would get a reduced sentence if I plead guilty and provide the drivers details?
A guilty plea will get you a 33%(?) discount on the fine, which is worth having.
Naming the driver will achieve nothing.
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No idea I'm just clutching at straws. So there's essentially no way for me to plead not guilty. Do you think I would get a reduced sentence if I plead guilty and provide the drivers details?
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I have a clean record and I'm a civil servant would this help my case at all?
Nope, once found guilty of the S172 offence, sentencing will follow the guidelines. Why would being a civil servant get you any leeway?
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I have a clean record and I'm a civil servant would this help my case at all?
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I sent it just after the 14 days and I'm pretty sure it did not get to the police in time. I only asked about nominating my wife now as in the documents I was sent a form to nominate the driver if it wasn't me. So I'm basically screwed and it doesn't matter whether I plead guilty or not guilty.
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I wanted to know moving forward is there a way to nominate my wife for the speeding offence and have the failure to identify charge against me dropped or at least some way to avoid points.
Not that I can think of.
Unfortunately you have already committed the FtP offence and court proceedings have begun against you. The speeding charge is a dead duck because the police do not know who was driving.
Unfortunately, apart from a hefty fine and a mandatory six points, a conviction for the offence will leave you with an endorsement code (MS90) which insurers hate and you will see a considerable increase in your premiums.
Is there anything other than you "...rather stupidly forgot to send the correct drivers details within the required timeframe" on which you can elaborate.
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Hi everyone
I rather stupidly forgot to send the correct drivers details within the required timeframe. And have now been charged with failure to identify and the original speeding offence.
I'm in a predicament and I'm not sure what to do. Previous threads state plead guilty to the speeding offence and the failure to identify is normally rescinded. However, as I was not the driver there is no way for me to plead guilty to the speeding offence to have the failure to identify dropped. FYI the person speeding was my wife and she is insured on the vehicle.
I wanted to know moving forward is there a way to nominate my wife for the speeding offence and have the failure to identify charge against me dropped or at least some way to avoid points. I don't mind paying a one off fine of some sort. Thank you in advance.