Author Topic: s172 & speeding offence deal - pleading not guilty to both  (Read 1373 times)

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s172 & speeding offence deal - pleading not guilty to both
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Hi there,

Tl;Dr: I'm contemplating pleading guilty or not guilty to a speeding offence, to try ang have a s172 charge dropped that I technically did, but was down to pure human error. Having some anxiety about how exactly to do this while giving the right impression and, unsure of what wording to use to put forward the offer.

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I've received an SJPN with two charges:
- Charge 1 against s172(3) for failure to give information relating to the identification of the driver / rider of a vehicle when required;
- and Charge 2 against s81(1) and s89(1) for exceeding 30 mph on restricted road in England - automatic camera device (I was doing 35, mistakenly thought it was 40 and saw the speed limit sign just before I rounded a bend to a speed camera).

I'm contemplating the "stock response" which is to plead NG to both and offer the deal, however I'm worried about what to write in the mitigation, and I'm also worried that I've misunderstood and don't want to be perceived to be initially saying "not guilty" to something that I later plead "guilty" to. Is this just the way the system works, and I won't be coming across as trying to deny the speeding?

I have three points on my license already (due to expire in may this year), so being charged with both offences will result in a driving ban for me. My job involves a lot of driving and, while I may not lose it, I'd still rather avoid both the ban and the penalty code.


For context:

The speeding offence happened in July, in my employer's vehicle, and I was handed the letter that they received. I logged into an online portal on behalf of my employer (which I'm now aware is not the way it should have been handled) and entered my own personal details as the driver.

I've been expecting to hear more ever since, and don't remember if I received anything. I initially didn't remember receiving an NIP, but do remember logging back into the portal at a later date and being met with an error message saying that, because I'd already provided information in that portal, I couldn't provide any more - and thought done and dusted I'll wait for a COFP. I also vaguely remember having a letter to post around that time, which would have worked out, however I realise that vague memory - or lack thereof - cannot serve as solid evidence. I did contact the portal service in the first instance to get help with using it, which I'm planning to submit as evidence that I did try and do the right thing, and at no point tried to hide my admission, and have just failed to do this step by pure human error.

I received the SJPN in December, and spoke to a solicitor almost immediately, who claimed they'd be able to make it all go away with nothing worse than a speed awareness course, and who I later decided wouldn't be worth the £3000 they were trying to charge me (which I really can't afford).

The due date to plea is 1st Jan (I've only just found this forum) so I'll be drafting a response today for either option, but would feel much better with some reassurance that I'm not going to be seen as someone just playing the system, or if I am, that that's just how things are done anyway.

Also if anybody could suggest any wording to put into the mitigation of a not guilty plea on the speeding, that would be grand, as I really want to say the right thing but I also don't want to come accross as a Lionel Hutz.



Sorry if that's a big ramble - I wanted to give as much information as possible but don't know exactly what's relevant or not.

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Re: s172 & speeding offence deal - pleading not guilty to both
« Reply #1 on: »
Quote
"... so being charged with both offences will result in a driving ban for me.

Only if you are convicted of both and you'd have to be spectacularly silly to allow that to happen from the position you are in.

Quote
...spoke to a solicitor almost immediately, who claimed they'd be able to make it all go away with nothing worse than a speed awareness course, and who I later decided wouldn't be worth the £3000 they were trying to charge me

Very wise decision. It would be interesting to find out how the solicitor intended to secure a speed awareness course from the court, which has no powers to impose one or even the facility to offer one. But I expect he'd have added another grand onto his bill to let you in on that trade secret.

You don't need to offer any mitigation. Simply enter not guilty pleas to both charges and use the "mitigation" section (or the "Reasons for Not Guilty plea" section if there is one) to make your offer to plead guilty to the speeding charge on the condition that the FtP charge is dropped.
« Last Edit: December 30, 2024, 01:08:42 pm by NewJudge »

Re: s172 & speeding offence deal - pleading not guilty to both
« Reply #2 on: »
Thank you for your help with this.

I followed the above and have received a summons to court on 6th Feb and interested to hear people's thoughts. Is this standard practice or should I be worried?

I remember reading somewhere (not sure on where or the reliability) that it's standard practice if you're at risk of losing a license. To that effect, my employer previously mentioned that they'd be willing to say, in official capacity, to the courts that I absolutely need my license for my job.

Is this something I'd be foolish to go at without the help of a professional legal representative? If not, what should I be preparing? I've also recently bought a house and that experience combined with the above, I've got nothing but a negative view of solicitors at the moment, and so would rather avoid that where possible.

Again, thanks to anyone who can offer any insight!

Re: s172 & speeding offence deal - pleading not guilty to both
« Reply #3 on: »
I should not be too worried about being called to court. It is indeed standard practice to call defendants to court if they face disqualification (courts do not like to disqualify drivers in their absence). But that isn't the only reason.

Before the pandemic it was always 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 the deal to be negotiated without a court attendance. Some courts have continued with this process but obviously your has reverted to the old system.

What you need to do is to attend court, aiming to arrive a little early, and ask to see the prosecutor for your case. If this is possible, you can make your offer then. If you cannot see the prosecutor before you are called into the courtroom, the first thing you will be asked (after you have identified yourself)is to confirm your pleas. You can make your offer at that point.

This arrangement is well known to all court users (Magistrates, their legal advisor and the prosecutor). As far as I know there has been only one case on here (well, this site's predecessor, Pepipoo) where it was not successful. In that case the defendant was rude to the prosecutor, telling him what he could and couldn't do. So the prosecutor showed him.

In the very unlikely event that your offer is declined you should not face a trial on that same day. If that happens, report back here for more advice.

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Re: s172 & speeding offence deal - pleading not guilty to both
« Reply #4 on: »
Thank you very much, that has put my mind at ease

Re: s172 & speeding offence deal - pleading not guilty to both
« Reply #5 on: »
Good advice there from NewJudge. don't waste money on legal representatives, the outcome will be the same without one and you'll keep several £1000s in your bank.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.