Sumonsed to court for speeding offense

[MrsY]

In February, I was pulled over for doing 40 in a 30 (a hundred yards before it went to a 40 zone - gah).

I had had a very difficult midwife appointment and wasn't paying attention and sped up too soon.

I was given the 7 days to produce, and explained that thinking about it, I had no idea where my drivers license was, so I would request a new one from the DVLA, and I'd be lucky to get it in 7 days. He told me it was at his discretion whether or not to give me extra time or start proceedings to take me to court. I took my certificates in and was told again that as I hadn't got my license, the constable would get it touch with what to do next - I didn't officially 'produce'. I also spoke to someone on the telephone number I had - I think it was the Kent Police fines department, who confirmed what I had been told at the station. I then returned to the station once I had my license, and was told that as it was out of time, I should wait for the constable to contact me as he might already have started further proceedings.

A few weeks later, we lost our son, so I just totally forgot about this, I know I should have chased it up, but I could barely dress myself.

So, I've no been summonsed. In the ppw from the court is a statement from the PC which says that I agreed that I could and would produce within 7 days (not true). The letter only just arrived as it had the wrong post code, and the case is being heard on Wednesday.

Technically, I'm guilty - but I don't know whether to plead guilty and make a case of mitigating cirumstances, or plead not guilty. I also don't know if I should have a laywer. I'm really shitting myself - I don't deal well with situations like this and I'm scared I'm going to stumble over my words, or forget to say something.

[MrsY]

Went really well, thanks. They dismissed the charges for failure to produce and fined me £45 for the speeding charge, plus victim support fee and court fees.

Thanks to you all for your help and advice.

[lindsell]

How did it go today?

[sneezecakesmum]

I cant see how you can plead not guilty to the motoring offense but you certainly have very sad mitigating circumstances for non adherence to the paperwork. Try phoning the court and speaking to one of the officials (they usually give good advice) and explaining the circumstances to see if they can drop the court appearance. It is only in front of the magistrates and they are usually good at erring on the side of common sense. If the court appearance is not dropped take some kind of medical documentation with you to back up your defence. Obviously you will get a fine (£60ish??) and 3 points on your licence (DH clocks them up on a regular basis) but the costs and any penalties should be dropped. With only 2 days to go it may be too late to drop the case, but you can take a McKenzie friend with you. That can be anyone who doesnt get flustered, knows you and the circumstances and is articulate enough to get your case across for you. (and hold your hand)

good luck.

[Akermanis]

The court should have a duty solicitor available, have a chat with them on the day but go early.

[mysteryfairy]

Sorry to hear about your son.

I was stopped by the police once on the day my insurance renewed for driving without insurance - the new policy hadn't updated on the police database.

I produced documents at the station I advised them I would but for some reason they checked with another station with a similar name 30 miles away, found I hadn't produced there and started a prosecution for driving without/failing to produce my license.

I spoke to a solicitor who advised firstly that it was clearly a clerical error and secondly that the prosecution would have failed even if I hadn't produced as they had charged me with wrong offence - it was my insurance not license I had been told to produce.

I just wrote a letter to the court and the CPS decided it was not in public interest to proceed.

The reason for this drawn out story is your title says summonsed for speeding but that's not what you go on to describe. I think you should doublecheck what you have actually been summonsed for as it may not be as bad as you think.

[StrawberryMojito]

Get legal advice but based on the facts that you've said here, I would plead guilty and explain the mitigating circumstances. You should legally be able to produce your driving documents to an officer upon request (but are given 7 days). Not being able to find your licence is not a defence.

If you explain everything I doubt you will get treated harshly. But like I said, get a solicitor before entering a plea.

[cookielove]

Oh no, so sorry for your loss.

I agree with Fiveflowers i think the best thing to do is contact a solicitor who will know what to do.

[lindsell]

Sorry for your loss no wonder you forgot to follow it up. Sounds like you have mitigating circumstances but I'm not a motoring lawyer myself but know someone who is, if you want his details then pm me.

[Fiveflowers]

So sorry about your son. No wonder you couldn't think about this.

I think you should see a solicitor who will give you good advice and guide you through the process. Like you, I don't deal well with these situations and think getting professional help is well worth the money.