KiwiGTI

I have a summons to appear tommorrow in Cardiff magistrates court for a speeding offence last year.

When I got home today there was a letter from the CPS with a "Notice to defendant : Proof by Written Statement", which was the written statement by the police officer involved. This was sent out last Friday and contains several factual errors.

Problem is I have already faxed a letter with a guilty plea and asking for the matter to be dealt with in my absence.

If his statement is wrong does it mean I can reverse my plea and get off on the inaccuracy of his statement?

pslewis

Personally I wouldn't bother fighting back - unless you are TRULY innocent (which by your own admission you are not).

When they find you guilty they will throw the book at you for wasting the courts time .... magistrates HATE people trying to get-off when they know they are guilty (and to question an officer of the law as well?)

Pay up, smile, and stop speeding! and all will be well!

Pete

GC8

In answer to you question; you may attend court and alter your plea: speak to the Duty Solicitor.

Simon

richieh

go here http://www.pepipoo.com/NewForums2/vi...7d714cef53f258 now and see if they can advise
good luck
richie

hedgehog

To date the courts have not been throwing the book at anyone in relation to speeding. Now, clearly I don't know the details of this case but in situations where people have defended a normal "fixed penalty" notice and been found guilty they are generally given the normal 3 points and a fine of less than £100.

It may please you to know that the camera partnerships see none of this cash and so the possibility of it costing you an extra £40 makes it worthwhile to go to court just to keep the cash out of their hands. Clearly, however, it makes sense to believe that you have a reasonable defence as well.

KiwiGTI

Thanks all.

Just to let you know what a complete waste of taxpayers money this is, I am being prosecuted for doing 77 on an empty dual carriageway on a sunny day, which had a limit of 70..

Because I have a foreign license they cannot give me points or an automatic fine, they have to take me to court.

GC8

Whatever happened to the ACPO's recommendation then? 10% + 2MPH.....

KiwiGTI

Suspect they are just being particularly vindictive, it was during the Rally GB weekend.

Chris L

They won't 'throw the book at you'. If you have a geniune concern then take it to court. Hedgehog's post is exactly what happened to me. I took a ticket to court - long story. Eventually, when I knew I wasn't in a position to win, I took the fine and about £35 costs.

If you goto court and are badly prepared, rude etc, then expect the magistrate to get the hump with you and then they will probably load the fine up!

Daryl

If the statement contains factual errors and you can prove it, then you may win the case, as you will cast doubt on the credibility of the witness. You will also make him look extremely stupid, which makes it worthwhile for that alone IMHO