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Advice on what to do if you have a court summons for a driving offence

(62 Posts)
lottieandmia Mon 13-Feb-17 17:36:37

My friend is stressing about this and he wants me to find out what he should do. I assume he really ought to go to the citizens advice bureau but I said I would try to find out for him.

He apparently has the maximum amount of points on his license due to speeding and a subsequent ban and fine. He says he had a court summons 4 months ago and he didn't attend (goodness knows why). He is now panicking about what to do.

Does anyone know please?

lottieandmia Mon 13-Feb-17 19:05:25

Anyone?

AgentProvocateur Mon 13-Feb-17 19:06:09

I'd suggest he gets a good lawyer.

lottieandmia Mon 13-Feb-17 19:07:50

Oh! He is worried about going to prison. I don't think he can afford a lawyer. So is he past the point of no return?

TroubleinDaFamily Mon 13-Feb-17 19:08:03

Tell him Google his local taxi firms, he is going to lose his licence.

We don't share a hairdresser by any chance do we ?

lottieandmia Mon 13-Feb-17 19:08:27

I know nothing about these matters. I think he buried his head in the sand (no idea why)

lottieandmia Mon 13-Feb-17 19:09:17

He's already had his license suspended. What he's worried about is that he didn't turn up to the court hearing.

lottieandmia Mon 13-Feb-17 19:09:39

He's not a hairdresser no

fruitbats Mon 13-Feb-17 19:10:20

If he has so many points and failed to turn up for a court hearing, his license may have been revoked. What was the summons for? He must have had some dealings with the police or the ticket office before the summons arrived.

OccasionalNachos Mon 13-Feb-17 19:10:52

He needs to get a lawyer & figure out how to afford one

Gazelda Mon 13-Feb-17 19:11:02

He needs to speak with a solicitor. I presume he's not driving now?

fruitbats Mon 13-Feb-17 19:12:05

If he failed to show up for court, they may have issued a warrant for his arrest, but I would have thought he would have heard about by now, unless he has moved address.

Leanin15yearsmaybe Mon 13-Feb-17 19:12:45

Erm... attend! He will probably lose his licence if he has max points already, current offence dependent, when he does appear but failing to attend court could mean there is also a warrant out for his arrest. Courts get pissed over FTA's and rightly so! Tell him to go to the court and check if there is a warrant/hand himself in if so and cop it on the chin. Presenting first rather than waiting for it to catch up with him will only go in his favour

JellyWitch Mon 13-Feb-17 19:13:02

He'll probably be sentenced in absence. Tell him to call the court and get them to find out what's happening. And if he's hit 12 points then yes he will get disqualified.

What a numpty. Did he think it would just go away.

Leanin15yearsmaybe Mon 13-Feb-17 19:13:57

Xpost fruit grin

Cynara Mon 13-Feb-17 19:15:43

The court may well have proceeded in his absence, which means that they will have made an order with regards to a period of disqualification and a fine. He needs to ring the court and ask for details of his sentence. He won't go to prison, but the worst case scenario could be that they issued a warrant for his arrest in order that he can be brought in front of the court at the next available opportunity (usually the next working day).

VivienneWestwoodsKnickers Mon 13-Feb-17 19:16:27

The court may have issued a warrant for him. There are two types: backed for bail which means the police if they find him will sort out a new court date with him there and then, and the court will deal with him for the original matter and his failing to appear at court.

Not backed for bail means that if the police find him, he'll be arrested and kept in police cells until the next court session. That may be the same day, or he'll be kept overnight. The court will then deal with him for both matters.

Failing to attend court is a criminal offence in its own right.

It's highly unlikely he'll go to prison unless he's been warned before. He'll most likely have hours licence taken off him for an extended period, and be fined. Possibly community service.

Ex-copper.

Setterlover Mon 13-Feb-17 19:20:16

I got away with it. I had a clean license though. Ignored all the letters for a speed camera catch doing 60 in 50 on motorway genuinely accidentally

Eventually got summons to court for failing to provide the police with info as to who was driving the car at the time.

I got a specialist motoring lawyer. Cost me £1000. He got the case thrown on a technicality. I then got £700 back somehow, because the case never went to the judge but I was in the court building waiting to go in.

fruitbats Mon 13-Feb-17 19:25:18

Leanin - fastest finger grin

lottieandmia Mon 13-Feb-17 19:58:45

He's Italian - he's used to a legal system where you can bribe your way out of shit 🙄

Yes he has moved address - he says he hasn't received any of the court paperwork. What a mess! No wonder he's worried. He's just told me he doesn't know which court he needs to contact.

lottieandmia Mon 13-Feb-17 20:40:26

As he has moved address he says he hasn't received any of his court paperwork. He needs to find out which court he is dealing with. The first he knew was the points on his license apparently. Anyone know how he can find this out?

ShotgunNotDoingThePans Mon 13-Feb-17 20:45:40

If he didn't receive the paperwork, how does he know he had a summons?
It may have gone beyond this stage, but you can often access basic legal advice through your house insurance.

ShotgunNotDoingThePans Mon 13-Feb-17 20:50:41

You can look it up online, but it's not straightforward; this explains it.

ShotgunNotDoingThePans Mon 13-Feb-17 20:51:48

No idea how reliable that source is, btw - I just, um, googled the question smile

OutToGetYou Mon 13-Feb-17 20:58:26

He can also be fined for not updating his address of course....

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