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#Post#: 25342--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: ManxTom
Date: June 8, 2024, 5:55 pm
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--- Quote from: slapdash link ---
>
> [quote author=ManxTom link=topic=2142.msg25327#msg25327
date=1717880314]
> 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.
[/quote]
That's a good point that I hadn't considered.
How reliable is a "system" that can send out a court summons (or
anything else) to the wrong address?
#Post#: 25369--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: slapdash
Date: June 9, 2024, 6:56 am
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No.
The reason for "throwing the kitchen sink" is the system merely
following it's process.
You failed to deal with the fixed penalty offer correctly. And
also the reminder.
Your response to the SJPN (issued because of the failing above)
covered much that had no relevance at all to the offence and
could very well have been interpreted other than an unequivocal
guilty plea.
It's also possible it wasn't received.
Hence the court hearing. To ascertain your real intent.
(Personally if you were merely driving normally at 45mph in the
nearside lane in heavy rain that seems fairly reasonable. Maybe
there was something more to it).
#Post#: 25376--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: Southpaw82
Date: June 9, 2024, 8:33 am
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I’m not sure why you’re getting salty with posters on here.
#Post#: 25380--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: slapdash
Date: June 9, 2024, 9:00 am
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Perhaps there was something else about your driving that
attracted their attention. Maybe drifting, perhaps you had
changed lane in a manner they weren't keen on. Perhaps you were
on and off the brakes a lot. Could be almost anything.
I see plenty of vehicles at 45 on motorways that don't get
pulled.
I understand you included the words "I plead guilty". The issue
for a single justice, to an extent, is ensuring that mitigation
is fully and fairly considered. If they feel points raised need
further exploration they need to refer to court.
#Post#: 25383--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: Dave Green
Date: June 9, 2024, 9:42 am
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--- Quote from: HB007 link ---
>
> - If caught, even for minor infringements, expect to get hit
to the max, no sympathy or humanity will be shown. Even if you
worked in these fields for 20+ years with a clean record
--- End Quote ---
You are not getting "hit to the max" simply because of the minor
driving infringement.
You have been summonsed to appear in court because two things
you failed to do following your receiving the paperword for the
offence you committed:
" 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.
It's got nothing whatsoever to do with your ethnicity and to
play the race card as you appear to be doing:
--- Quote ---
> If, as an ethnic, specially Asian, you are caught even for a
trivial reason, do they take out all their pent up anger and
frustrations on you?
> By throwing the kitchen sink at you?
>
--- End Quote ---
simply devalues real racism when it does actually occur.
#Post#: 25385--------------------------------------------------
Re: Court summons, for driving without care and attention
DIR By: NewJudge
Date: June 9, 2024, 10:15 am
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--- Quote ---
> -Come on these forums, get more cr@p heaped on thee
> - driving offences are the Govts cash cow. It doesn't matter
if patients are waiting in Ae for 30 hrs or dying whilst waiting
or if you get robbed or vandalised. Drive 5-10 miles above the
limit and you have the army, navy and airforce after you
--- End Quote ---
I think you need to wind yourself in a bit. Nobody here knows
why your case has been referred to the normal Magistrates'
Court. They are simply trying to help you with your problem.
The very worst that can happen to you is that you will be
sentenced in accordance with the normal sentencing guidelines.
These suggest a fine of half a week's net income (reduced by a
third for a guilty plea, so one third of a week's income). As
well as that you will pay a surcharge of 40% of that fine and
prosecution costs of about £90. You will also see a maximum of
four points (but more likely three) added to your licence.
But if you explain the circumstances where you were offered a
fixed penalty but failed to comply with one of its conditions,
they may see fit to sentence you at the fixed penalty level
(£100 and 3 points). One thing's for sure though - if you
approach the court with the attitude you seem to have adopted on
here, where people are giving their time freely to try to help,
you may be disappointed.
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