DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 25266--------------------------------------------------
Court summons, for driving without care and attention
DIR By: HB007
Date: June 8, 2024, 4:36 am
---------------------------------------------------------
Good morning everyone,
Newbie on this forum, which was recommended to me by an ol fren.
Wish everyone a relaxing weekend.
My problem might be slightly unique. Just received two different
summons, to attend court. One in my name and one for an unknown
person. A little bit about my case, as below
In winter of last year, was driving down the M5 in the left
lane. It was coming up to midnight, raining heavily and thought
there seems to be surface water too. So slowed down, didn't
realize that this was too slow as a Police car pulled me aside.
Apparently I was doing 40 something in the left lane.
Immediately apologized to the traffic cop and was written a
fixed term penalty notice. Then sent on my way, after passing
the breath test and getting an earful about not driving slowly
in the future.
Later on received the fixed term penalty offer in the post, for
a course or 100 quid and 3 points. Took the 100 quid 3 point
offer and paid the fine immediately. Sadly, forgot to send my
license , my bad. Got a reminder in the post after a couple of
months, which got misplaced in the heap of junk mail. After
which I got a letter about referral to courts via the single
justice procedure.
I wrote back, explaining my position, pleading for the same
fines/points to be imposed as per the fixed penalty notice.
Explained, that as a Heath care worker, need my license to work,
as I work across the country as a temp. Even highlighted my role
as a covid warrior , was the only worker in my dept, who worked
throughout the pandemic, without taking a single day off. In 20
years of living, working and driving, don't have any offences,
no points and never caused any trouble to anyone.
Despite this, I now received two letters, one is in my name and
one I don't know. Both are for referrals to attend court. Reason
in my case is ' Case inappropriate for the Single Justice
Procedure'
Asked to attend court, date and time given.
Felt a bit shocked and let down. If I had sent the license, this
wouldn't have come to this day. Why is there such a huge
variance, from points/fines to court attendances and possible
facing a ban.
Could anyone PLEASE advise on how to go about? I rather pay a
Solicitor and be represented than turn up and not know how
things work or what might hit me.
I don't mind a driving ban, it will be a pain but will survive.
Real fear is a criminal record as I work with vulnerable so have
to do an enhanced DBS check every year. A criminal record may be
frowned upon by my agency or even the regulation body.
Please do advise
Kind Regards
HB
#Post#: 25291--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: DWMB2
Date: June 8, 2024, 8:51 am
---------------------------------------------------------
Give people chance!
#Post#: 25292--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: Southpaw82
Date: June 8, 2024, 8:54 am
---------------------------------------------------------
--- Quote from: HB007 link ---
>
> Any info/ ideas? Plz
>
--- End Quote ---
My idea would be not to chase for a response less than 4 hours
after posting on a weekend.
#Post#: 25296--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: mdann52
Date: June 8, 2024, 10:32 am
---------------------------------------------------------
--- Quote from: HB007 link ---
>
> I wrote back, explaining my position, pleading for the same
fines/points to be imposed as per the fixed penalty notice.
Explained, that as a Heath care worker, need my license to work,
as I work across the country as a temp.
>
>
--- End Quote ---
I think what exactly you wrote in this letter is important, as
the court seem to have believed you were trying to make a
defence point against the allegation, or otherwise argue a legal
point (such as "Special Reasons not to Endorse") , and decided
you need to appear in person to make the point correctly or to
question your plea.
If you attend court, you may be able to argue for a fixed
penalty alternative. This does seem to be at the lower end for
Driving with Due Care and Attention, so I would expect 3-4
points and an income-related fine of around 50% of your weekly
income. This will be discounted if you plead guilty.
#Post#: 25298--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: HB007
Date: June 8, 2024, 11:05 am
---------------------------------------------------------
Thanks, Madann
Trying to recollect what I have written. Most of it is as given
below
-------
Dear Sir
I was stopped by the police for driving at 45 mph in the left
hand lane on the M5. It was late at night , dark and raining
heavily
I thought I was being cautious but in hindsight this isn't the
case . As driving slowly can also create risks for other
drivers. On being stopped, I was asked for my comments and I
profusely apologised to the police constable
I later received a fixed term penalty notice, where I accepted
the fine of 100£ and 3 points on my license. Please find the
credit card payment details of the 100£ fine
Sadly, the driving license was sent to a wrong adress and got
returned
While I presumed I had the points electronically on my license
Later on, in April the Police sent me another notice. I was
away, working at Hospital up north for two weeks in a row on
call
In the meanwhile, my wife had to attend hospital with chest
pain and uncontrolled HT
So in this chaos, this letter got missed
I humbly request to please forgive me for all this. As the only
earning member of the family and as an agency staff , I need the
license to work and pay bills and travel
I have always been law abiding and worked hard and my driving
record has been spotless Except for this one episode
I herby plead guilty and am willing to accept wherever
punishment you feel appropriate
Would be grateful if you could fine me the same as the fixed
term penalty
-----
Was this OTT? Or did it sound like I was arguing my case ?
#Post#: 25314--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: HB007
Date: June 8, 2024, 12:33 pm
---------------------------------------------------------
Sorry, for this barrage of queries
The thought of going to court clearly unnerved me.
Is there a slim chance, that the court clerks could have made an
error? Can I ask for the files relating to my case, under the
Right to info act 2000? If I do so, would it inflame things or
make my case more precarious?
Couple of months ago, I did write to the Police, asking for
information held about me wrt this case. In it, also wondered
why the Pice spent soo much of time chasing motorists. I hope
that statement didn't backfire on me!!
I know things are meant to be just but all these arms of the
law do meet and talk and discuss. Just like they do in the
Medical field, off the record.
Or may be I'm overthinking
#Post#: 25327--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: ManxTom
Date: June 8, 2024, 3:58 pm
---------------------------------------------------------
--- Quote from: HB007 link ---
>
>
>
> ... My problem might be slightly unique. Just received two
different summons, to attend court. One in my name and one for
an unknown person...
>
> ... Despite this, I now received two letters, one is in my
name and one I don't know. Both are for referrals to attend
court. Reason in my case is ' Case inappropriate for the Single
Justice Procedure'
> Asked to attend court, date and time given...
>
--- End Quote ---
So you've received two court summons: one with your address and
your name on, and a second with your address but with someone
else's name on? And you have no idea who that person is?
#Post#: 25328--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: HB007
Date: June 8, 2024, 4:04 pm
---------------------------------------------------------
Yes, Manx Tom
Did read it now in depth
Seems to be a similar charge, driving without due care. Although
it seems to be use of mobile
Could they have mixed my summons? Worth asking the clerk to
recheck? May be even under Right to information? Without
ruffling any feathers
#Post#: 25329--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: slapdash
Date: June 8, 2024, 4:05 pm
---------------------------------------------------------
--- Quote from: ManxTom link ---
>
> So you've received two court summons: one with your address
and your name on, and a second with your address but with
someone else's name on? And you have no idea who that person
is?
>
--- End Quote ---
If that is the case it is presumably a failure in the enveloping
(which does make one wonder how they can reasonably assert
everything correctly enters the postal system) and the OP ought
to let the know, otherwise the correct recipient of the second
SJPN is liable to get convicted in their absence and caused a
certain amount of grief.
#Post#: 25331--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: HB007
Date: June 8, 2024, 4:19 pm
---------------------------------------------------------
Thanks
Will inform the clerk. The chap lives up North, his name,
address and dob is on the letter
To be sure, may take a copy and post it to him?
My memory for past events ain't too sharp as before but I now
find it strange. That I paid the 100 quid fine but didn't post
the driving license? Which would only cost 1-2 quid?
Did I post it and was it returned... May be a presumption, but
yes seems odd now
Is asking information on the decision on how the Magistrate came
up with the ' Not under SJR '
going to upset things further?
Traffic cop thought I was ok to drive on, with a fixed term
penalty and an earful
Magistrate thinks this needs to go to court.
They say the justice system and prisons are creaking at full
capacity .. it still can accommodate tons of traffic offences
*****************************************************
Page 1 of 2
DIR Next Page