Author Topic: SJP for Motorway Speeding  (Read 191 times)

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jaipal2004

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SJP for Motorway Speeding
« on: January 05, 2025, 11:42:04 am »
Hi

I received an SJP for doing 79 in a 70MPH zone and also failing to complete the paperwork to identify the driver.

Unfortunately the deadline for submitting the plea is tomorrow and having read the previous similar threads it looks like I should plead not-guilty and do the 'deal' on the day with the representative and agree to plead guilty to the speeding in exchange for them dropping the other charge.

In truth, I completed the driver identification but clearly it's not reached them for whatever reason and I've now been sent the SJP.

I just wanted to check what the advice of the experts on here is before I go ahead and please not guilty on the online portal later today.

thanks

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andy_foster

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Re: SJP for Motorway Speeding
« Reply #1 on: January 05, 2025, 11:47:58 am »
Yes
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

jaipal2004

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Re: SJP for Motorway Speeding
« Reply #2 on: January 05, 2025, 11:49:25 am »
thanks for the quick advice. Do I use the 'reason to please NG" box on the online portal to state:

"I am willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped"

?

Cheers

jaipal2004

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Re: SJP for Motorway Speeding
« Reply #3 on: January 05, 2025, 12:02:18 pm »
I also read this thread: https://www.ftla.uk/speeding-and-other-criminal-offences/nip-responded-to-but-did-not-receive-fpn-now-received-sjpn/

Which is similar in circumstances 79 in a 70 etc. Wondering if this means I should plead guilty to the speeding and not guilty to the failure to provide driver details charge instead?

Thanks

NewJudge

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Re: SJP for Motorway Speeding
« Reply #4 on: January 05, 2025, 12:33:47 pm »
Respond to the SJPN by pleading not guilty to both offences. In the "reasons for pleading not guilty" section say you responded to the request for driver's details but still received nothing from the police. Go on to 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. Many courts have continued with this process so if you make your intentions clear in response to the SJPN you may be saved a trip.

You could also ask the court to consider sentencing you at the level equivalent to the fixed penalty (£100 and 3 points). Magistrates have guidance that suggests they should consider this in circumstances unconnected with the offence itself, such as administrative difficulties.

Quote
Wondering if this means I should plead guilty to the speeding and not guilty to the failure to provide driver details charge instead?

Absolutely not!

You cannot be convicted of speeding unless you plead guilty as the police have no evidence that you were driving. This is your "leverage" to get the other (more serious) charge dropped.