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DIR Return to: Speeding and other criminal offences
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#Post#: 65812--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: Southpaw82
Date: April 5, 2025, 4:29 pm
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--- Quote from: scienceguy142 link ---
>
> The way I see it, is that your wife filled out the NTP without
consulting you, believing she couldn't identify the driver.
>
> When you found out about it, you can confirm you were actually
the driver?
>
> I'd explain this to the prosecution on the day, and wish you
luck.
>
--- End Quote ---
So you want the defendant (wife) to tell the prosecutor that she
now knows her husband was driving but would like the prosecutor
to accept a deal where she pleads guilty to an offence she’s
just said she didn’t commit?
#Post#: 66022--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: disgruntchelt
Date: April 7, 2025, 4:33 pm
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Didn’t the Op said it was more likely he was driving but I can’t
remember reading that he said he was certain.
I don’t think his wife should mention this personally.
#Post#: 67165--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: helpneeded1
Date: April 15, 2025, 5:15 am
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My wife responded using the paper form, pleading not guilty to
both and stating the reasons why. She attached a letter to this
form, as a few of you advised, expressing that she is open to
considering the plea deal, whereby she changes her speeding plea
to guilty and the second charge is dropped.
Just in case the letter was lost in the post or not delivered in
time, she also submitted the pleas online the day before. The
online form obviously did not provide anywhere to attach the
separate 'deal' letter or proposal.
Anyway, so she has now received a response through the post and
they have invited her to attend a court hearing for both
charges. They have not mentioned anything about the plea deal
she proposed. Should she call them up, or write another letter
to them? Or should she just wait for the court hearing date and
make the proposal again on the day itself? I assume the
fines/costs will increase if the deal is only accepted on the
court hearing date.
#Post#: 67169--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: AntonyMMM
Date: April 15, 2025, 5:39 am
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--- Quote from: helpneeded1 link ---
>
> My wife responded using the paper form, pleading not guilty to
both and stating the reasons why.
>
--- End Quote ---
What exactly did she say ?
If her reasons consisted of potential defences to both charges
then the expected outcome would be that the case will be listed
for trial, as appears to be the case.
#Post#: 67181--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: Dave Green
Date: April 15, 2025, 6:17 am
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As the online plea was submitted prior to the paper form being
sent, it's probable that the online not guilty plea to both
offences (without the consideration for the failing to furnish
being dropped) is what would have been accepted by the court
before the paper plea arrived hence the reason for being called
in for a hearing for both offences.
#Post#: 67193--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: Freecall
Date: April 15, 2025, 6:49 am
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--- Quote from: AntonyMMM link ---
>
>
> ...... the case will be listed for trial, as appears to be the
case.
>
>
--- End Quote ---
For the avoidance of doubt for the OP, the hearing to which he
has been called will not be a trial court. If the Not Guilty
plea is maintained, a trial will be scheduled at that hearing
for a later date.
#Post#: 67346--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: helpneeded1
Date: April 16, 2025, 6:40 am
---------------------------------------------------------
--- Quote from: AntonyMMM link ---
>
> [quote author=helpneeded1 link=topic=5756.msg67165#msg67165
date=1744712122]
> My wife responded using the paper form, pleading not guilty to
both and stating the reasons why.
>
--- End Quote ---
What exactly did she say ?
If her reasons consisted of potential defences to both charges
then the expected outcome would be that the case will be listed
for trial, as appears to be the case.
[/quote]
She gave defences to both charges, which is what she thought she
is required to do. She stated the reasons I wrote in my opening
post in this thread, but provided more detail. The SJPN letter
mentioned that the reasons should be stated for each not-guilty
plea, otherwise a less favourable judgement will be given. We
thought this was what she was supposed to do. Was she meant to
write the plea proposal into those boxes instead, and leave out
any defence of her actions? How can we salvage this in order to
obtain the 'plea deal'?
#Post#: 67348--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: helpneeded1
Date: April 16, 2025, 6:44 am
---------------------------------------------------------
--- Quote from: Dave Green link ---
>
> As the online plea was submitted prior to the paper form being
sent, it's probable that the online not guilty plea to both
offences (without the consideration for the failing to furnish
being dropped) is what would have been accepted by the court
before the paper plea arrived hence the reason for being called
in for a hearing for both offences.
>
--- End Quote ---
So the only way to have obtained the 'plea deal' was by sending
back the paper form, rather than the online form? What can we do
now to obtain the 'plea deal'?
#Post#: 67350--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: helpneeded1
Date: April 16, 2025, 6:50 am
---------------------------------------------------------
--- Quote from: Freecall link ---
>
> [quote author=AntonyMMM link=topic=5756.msg67169#msg67169
date=1744713569]
>
> ...... the case will be listed for trial, as appears to be the
case.
>
>
--- End Quote ---
For the avoidance of doubt for the OP, the hearing to which he
has been called will not be a trial court. If the Not Guilty
plea is maintained, a trial will be scheduled at that hearing
for a later date.
[/quote]
So the letter she has now received is called the 'Summons to
Court'. Are you definitely sure that this is just a pre-trial
hearing? What should my wife do at this Court sitting in order
to obtain the 'plea deal'?
Alternatively, is there anything that can be done to get the
'plea deal' between now and the Court sitting? Should we write
another letter to the SJPN address?
#Post#: 67352--------------------------------------------------
Re: Double charge of speeding and failing to provide information
on the driver
DIR By: helpneeded1
Date: April 16, 2025, 6:55 am
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We are both new to the court process and how the legal system
works for driving (or even other) offences, and we are very
grateful for the kind help and advice given. I just ask that any
advice be quite specific, as I don't want to make mistakes in
this process, as it sounds like has happened in the way my wife
responded to the Single Justice Procedure Notice (SJPN).
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