Free Traffic Legal Advice

Thanks
Your trial will not be held under the Single Justice Procedure. That is only for straightforward guilty pleas. You will face a trial before three Magistrates or possibly (but less likely) a District Judge sitting alone. It will be governed by all the procedural rules which all criminal courts are subject to and will probably take at least an hour
— So I take an oath and sit in the dock? Be cross examined by the Prosecution?
What would the evidence be? The Officer’s statement? They say there is no dash cam footage but I do recollect drivers driving v differently. Some faster than me (50 plus) some slower
So technically, there would be others too? Breaking the speed limit or driving with due care? I don't wish anyone else gets in trouble  but how are these cases proven in court?
As you said it would go on for an hour?

- The transformation was based on the advise and hope, given to me by a no nonsense Solicitor who is highly regarded on this forum

Sorry, I’m no Scrooge but have been saving for the worst case scenario.
Plus it’s Xmas and still
not done shopping for my
Wife and kids.
So was hoping to save a few bob and draft the letter to the CPS
Or else the quote for that job was something like 450 plus vat.

Been a painful last 4 months, Hope the New year is better 🤞

Thanks
I thought I could base my request to the CPS on the following points:

1) The police version of events can be questioned, and I feel it has been exaggerated. There seems to be a lack of knowledge in the highway code too.
I was careful rather than careless and didn’t act inconsiderably to other drivers, except those who were driving too fast for the conditions.
I also wish to say that the Police officer is exaggerating about there being traffic congestion as it was midnight and the traffic was light
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I would quote the following rules from the Highway Code. Which deal with driving at night and driving in wet weather
Rule 125
The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions.
Driving at speeds to fast for the road and traffic conditions is dangerous.
You should always reduce your speed when
 -Weather conditions make it safer to do so
- driving at night as it is more difficult to see other road users

Rule 227
In wet weather, stopping distances will be at least double those required for dry roads
( 2 seconds vs 4 seconds)
The rain and spray from vehicles may make it difficult to see and be seen



I have been charged under section 3 of the RTA 1988 and schedule  2 of the RTOA 1988
Under section 3, careless  and inconsiderate driving is defined as


Section 3  of the Road traffic Act 1988:


Careless and inconsiderate driving
Definition
If a person drives without due care and attention or without reasonable consideration for the other person using the road or place, he is guilty of an offence

Meaning of careless or inconsiderate driving

Careless: The way he drives falls below what would be expected of a competent and careful driver
In determining for purpose of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he would be expected  to be aware but also to any circumstances shown to have been within the knowledge of the accused

Inconsiderate: Only if others are inconvenienced by his driving

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Reasons for asking the CPS to drop a case

1.   How serious is the offence committed?
2.   How culpable is the suspect?
3.   What is the impact on the community?
4.   Is the prosecution proportionate to the offence?

Factors such as the minor nature of the offence,
 lack of harm to the public, or alternative ways of addressing the matter can be raised to support this argument.

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The above is something I picked up from google YouTube, and various other searches on the net

Thought I could do that bit myself, with help from this forum
It’s already costing me an arm and a leg and it’s Xmas too
Attending court would cost me around 2 grand

Good morning

Please find part of the
discussion I had with my Solicitor, cut and pasted below
—

‘This isn’t how these cases work. You have not yet entered a guilty plea because the court has not accepted your guilty plea. The next hearing would be dealt with via letter confirming a not guilty plea (neither you nor I would attend)

Morning, the hearing on the 19th is because the court has decided your case is not suitable for the Single Justice Procedure (I’m not sure why they have done this). On the 19th we have the option to plead guilty or not guilty (without attending - even though the summons says you should attend). On the 19th the case will either be listed for trial or it will be adjourned for a case management hearing. We would deal with the case management hearing via letter.
Between the 19th and the trial date I would be working to persuade the prosecution to drop the case on public interest grounds.

If we haven’t managed to get them to drop the case by the trial date then we would attend the trial and argue that the offence is not made out.

Hello there,

All set for Xmas?
Hope I can get some advice on my predicament.
Roughly a year ago, on a dark, rainy night was driving the M1 near Leicester. When the road works sign appeared with a speed limit of 50. The lanes abruptly narrowed to two and a huge lorry cut across me. I flashed my high beam and tried overtaking it. To avoid the lorry's spray which covered my windscreen. I also felt anxious, with two narrow lanes and a monster of a lorry nearly touching my side mirror.
 
A few miles down the road the car following me put on its Police lights, overtook me and flashed that dreaded sign 'Please follow' Was breathalysed and then sent on my way after I explained the situation. The cop claimed the lorry had to swerve and it caused a congestion on the M1,at around 11pm.

A week later, got the post, was charged with careless driving and took the 100-quid three-point point option. I thought I sent all the paperwork but it was a mess. Nothing got through, and then got an SJP. Which I pleaded guilty to and put the facts in my mitigating statement(huge mistake). Needless to say, got another letter that the case was not suitable for the SJP and got a date at the Magistrates court.

Contacted a traffic Solicitor, as I am now on 6 points and as a travelling salesman need the license or would come up as a totter. They advised me to enter a not-guilty plea, which was accepted and a date given in Feb 2025. The Solicitors also advised me to obtain footage, which I tried to do under the SAR. The response from the Traffic unit was that 'no dash cam footage was available'

What else could I write in my letter? Solicitors advise that it would take appearance in court would take at least 2 hours and the officer should ideally be present too. Isn't this all a waste of resources and time?
Please do give me your thoughts

Dave