Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: BRAVO2025 on March 06, 2025, 10:39:47 am
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I am also interested how you're so confident that they don't have any evidence that I was the driver? Is this because they wrote to ask me to confirm who the driver was?
No, it's because you didn't respond to their request. What other evidence do you suspect they may have?
On the day you are due in court, try to arrive a bit early and, when you check in at reception, ask to see the prosecutor for your case. When you do, make your offer (to plead guilty to speeding on the condition that the FtP charge is dropped). If you manage to do this, when you are called in court the prosecutor should tell the Bench what has been agreed between you.
If you cannot see the prosecutor beforehand, when you are called into court the first think you will be asked (after you have identified yourself) is to reconfirm your not guilty pleas. It is at this point you can make your offer.
There’s not much more you need to do other than that. If you are asked to elaborate, simply explain that you did not receive the original NIP and request for driver’s details.
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Thank you @NewJudge.
I did as you suggested above and have subsequently received a Court Date in August. Is there anything further I can do to prepare?
I am also interested how you're so confident that they don't have any evidence that I was the driver? Is this because they wrote to ask me to confirm who the driver was?
How is this now likely to play out when at Court?
Thank you,
Ben
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Option 2 is the way to go.
Option one could see you with nine points - three for speeding and six for failing to identify the driver.
The speeding charge cannot succeed (unless you plead guilty to it) as there is no evidence that you were driving.
Option 2 is the tried and tested way to approach this and is almost always successful The only failure we saw on here was when a defendant was less than polite to the prosecutor. He ended up with nine points IIRC.
Respond to the SJPN (note it is a Single Justice (not "Joint") Procedure Notice) by pleading not guilty to both offences. In the "reasons for pleading not guilty" section say you are willing to plead guilty to the speeding offence on the condition that the "failure to provide driver's details" charge is dropped. This is a common procedure which is well known to all court users (magistrates, their legal advisors and lawyers).
Before the pandemic it was necessary to attend court to negotiate this "deal". When the pandemic hit courts were obviously keen to avoid as many personal attendances as possible and arrangements were made for this deal to be accepted without a court attendance. Some courts have continued with this process so if you make your intentions clear in response to the SJPN you may be saved a trip.
If you are required to attend you will be given a date to do so, then you can make your offer in person.
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Hi,
I have received a Single Joint Procedure (SJP) notice from West Midlands Police. The two offences are as follows:
1. Fail to give information relating to the ID of the driver/rider of a vehicle when required (Section 172 3). Dated 02/10/2024
2. Exceed a variable speed limit - automatic camera (72mph in a 60mph) Temp restriction. Dated 29/08/2024
The posting date of the SJP is 14/02/2025 and the Charged Date and date the plea must be received by is 12/03/2025.
Background:
I was the driver of the vehicle at the time of the offence.
The original speeding notice (dated 02/09/2024) was received in the post, albeit I didn't open the letter until just a few days before the SJP notice was received. The original notice was found in our daughter's room, unopened. Once opened, I tried to login via the online portal but the login details provided did enable me to provide the details, I suspect because the response date had lapsed. I quickly took some legal advice but a few days later the SJP notice arrived.
In summary, I was the driver, I can't deny the speeding offence and I didn't respond to the request for information within the timeframes due to an administrative error at home! Very frustrating but probably not a suitable defence?
I have a clean driving history and no points on my licence, but like most people, I can't afford the 9 points. Driving is essential for my work and we have 2 children with a 3rd one due imminently.
I have heard/read mixed advice on what to do.
1. Plead guilty to both offences, state the mitigating facts and hope that I get away with 3 points and a fine. 2. Plead NOT guilty to both offences but propose that I am willing to plead guilty to the speeding offence only if the other charge of not supplying info is dropped.
My preference is Option 2 but it does seem quite punchy when I don't feel in a very strong negotiating position! On the other side, I have a good track record and would back myself to put together a strong letter of mitigation etc.
Questions:
a) Am I best to go down route 1, 2, or another strategy?
b) Do those providing advice on here have appropriate qualifications/experience at court etc?
c) Does anyone have any experience with using strategy 2. specifically with West Midlands Police in recent times?
Thank you for any help/guidance received. Thanks,