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#Post#: 51962--------------------------------------------------
SJP for Motorway Speeding
DIR By: jaipal2004
Date: January 5, 2025, 5:42 am
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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
#Post#: 51963--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: andy_foster
Date: January 5, 2025, 5:47 am
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Yes
#Post#: 51964--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: January 5, 2025, 5:49 am
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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
#Post#: 51967--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: January 5, 2025, 6:02 am
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I also read this thread:
HTML 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
#Post#: 51974--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: NewJudge
Date: January 5, 2025, 6:33 am
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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?
--- End Quote ---
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.
#Post#: 75060--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: June 6, 2025, 4:45 am
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I got my court summons today for both offences - failing to ID
driver + Original speeding offence.
Does that mean guidance has changed or can I still approach the
prosecutor in the morning outside of court and see if a deal can
be done?
Thanks
#Post#: 75075--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: andy_foster
Date: June 6, 2025, 5:30 am
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No, yes
#Post#: 75077--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: June 6, 2025, 5:31 am
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--- Quote from: andy_foster link ---
>
> No, yes
>
--- End Quote ---
Thanks
As per previous threads I'll suggest they drop the offence of
the failure to provide if I plead guilty to the speeding but if
it ends up in the courtroom, any words of advice?
#Post#: 75082--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: andy_foster
Date: June 6, 2025, 5:41 am
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As has already been explained. To you. In this thread. As it
stands they "alternative" speeding charge has no legs unless you
plead guilty to it.
As regards the viability of defending the s. 172 charge, based
on the level of detail you have provided so far in order to
enable those that you are hoping will give up their free time to
advise you to do so, the magic 8-ball says "Outlook not so good"
#Post#: 75096--------------------------------------------------
Re: SJP for Motorway Speeding
DIR By: jaipal2004
Date: June 6, 2025, 6:06 am
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S172 defence is simply the fact I've sent the submission but
it's clearly not been received - nothing more to say. I can't be
the only one who's had forms lost in the post ::) . Even the
postal service will state proof of dispatch is not proof of
receipt.
I would prefer to avoid the S172 as that carries the greater
impact on points, premiums etc.
There are various mitigations I can add (carer for handicapped
family member etc) but I don't feel I need to if I'm going with
the 'lost in post' defence.
Ta
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