Free Traffic Legal Advice

I was caught speeding end of august 2024 (40mph in a 30mph). I received a letter in the post and promptly submitted the driver details etc online. I did not get a receipt of this (I have had speeding tickets before and it was the same situation), so I thought nothing of it.

However now I have received a letter saying I have committed 2 offenses 1 - speeding 2. not acknowledging the driver 172(3).

They have asked me whether to plead guilty etc. What is peoples advice? I am a doctor and I cannot afford to get 6 points or I will lose my license.

Any advice would be so much appreciated!

The letter is indeed a SJPN. Thanks you so much for your invaluable advice - which option would you go down - the not pleading guilty to both or fixed offense?

And if I do not plead guilty to both would I just submit that online? And then will I have the option to say I am willing to plead guilty to the speeding offence on the condition that the "failure to provide driver's details" charge is dropped.- or does this need to be submitted by post

Also should I say i do not wish to attend court or is it better to attend (ideally I would prefer not to).

Thank you so much

Thanks - I have read it

I was not sure if the below was a second option or its also with not pleaing guilty to both
'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.'

This is my draft of what I will write- would this be ok or have I misunderstood? Should I include anything else? And would I just put this text in the charge 2 pleading non guilty or should I also paste it in the charge 1 reason?


Charge 1 Offense of speeding - Plea: Not Guilty

Charge 2: Offense of not submitting driver details Plea: Not Guilty

Reasons for Pleading Not Guilty to charge 1 speeding

I wish to inform the court that I responded to the initial request for the driver's details within the stipulated timeframe. However, I did not receive any further correspondence from the police regarding this matter.

Proposal:

I am prepared to plead guilty to the speeding offence on the condition that the charge for failing to provide driver's details is withdrawn. I understand that this approach is commonly accepted by the courts and often leads to a resolution without the need for a personal appearance.

Given the circumstances and to avoid unnecessary court attendance, I respectfully request that the court considers sentencing me at the level equivalent to the fixed penalty for the speeding offence (£100 fine and 3 penalty points), as per the Magistrates' guidelines for cases involving administrative challenges.

Many thanks for the time you have spend on this.

I have spoke to 3 law firms briefly. The 1st one said I should instruct them (pay £1,100) and they would speak to the police to get the  SJPN dropped - ie would just get 3 points for the ticket

The 2nd and 3rd law firm felt confident that if I plead guilty for the speeding ticket and not guilty for the
the ‘fail to ID’ offence with the explanation below

“I received an NIP for a speeding offence. I completed this document within the required timeframe and posted it back. I cannot explain why the police did not receive it. In view of my guilty plea to the speeding offence, I would be grateful if the police would consider withdrawing the ‘fail to ID’ allegation”.

Then I should just get the 3 points.

Any knowledge on this?

"I have spoke to 3 law firms briefly. The 1st one said I should instruct them (pay £1,100) and they would speak to the police to get the  SJPN dropped - ie would just get 3 points for the ticket"

You can achieve that yourself, as I have explained - and save yourself £1,100. As well as that, you are being misled. The police will not drop the SJPN. It is the only option they now have of enforcing the matter.

The 2nd and 3rd law firm felt confident that if I plead guilty for the speeding ticket and not guilty for the the ‘fail to ID’ offence with the explanation below...

That might  work, it might not. It relies on either the police withdrawing the charge following your guilty plea to speeding or, if they don't, the court finding you not guilty based purely on what you have said. There is a possibility (though a remote one) of you being convicted of both charges and receiving nine points. That could happen if you plead guilty to speeding and the police press on with the other charge, which you unsuccessfully defend.

The strategy I have outlined makes that eventuality impossible and gives you a degree of certainty before you enter your pleas. Remember, the speeding prosecution cannot succeed unless you plead guilty to it. So before you help the police out with that, you want something in return.