Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Driving offences in england need advice please

57 replies

mayaknew · 02/01/2020 01:16

I live in Scotland but have been charged with speeding in england. It wasn't me it was dh but now I've been charged with the speeding and failing to identify the driver. I didn't see a letter asking me to but my mental health has not been great recently so I've been doing a lot of avoiding inc opening letters.

Anyway .. I will plead guilty to failing to provide information however I want to plead not guilty to the speeding dh obviously will take responsibility for this.

My question is .. Will I need to attend court in england? And do I need a lawyer?

OP posts:
SeemsSoUnfair · 05/01/2020 20:15

Nobody will get the penalty for speeding as the prosecution will not be able to prove who was driving.

Possibly, but given how anxious the OP is and she will say her dh was driving as part of her not guilty plea, he would need to be an absolute arsehole to call her a liar hoping they have no evidence.

Even if it could be proved that it was her DH driving, it is almost certainly more than 6 months since the speeding offence occurred, so it is now too late to lay a charge against her DH.

Is it 6 months from the offence or 6 months from "the date on which sufficient evidence came to the knowledge of the prosecutor to warrant proceedings". Genuine question as it is not clear when I did a quick google.

DontLookBackIntoTheSun · 05/01/2020 20:20

Generally 6 months for “summary only” offences like speeding. There are exceptions to this rule but not in relation to speeding

DontLookBackIntoTheSun · 05/01/2020 20:29

That’s 6 months from the date of the speeding offence, sorry that wasn’t clear

seltaeb · 06/01/2020 09:53

The simplest way to deal with this (if the letters were delivered but you did not reply) is to plead guilty to the charge of 'failing to identify driver' and not guilty to the speeding charge. Write a letter to the court stating this (and apologising) and make sure you give your own income so that any fine is based on that, and reduced for guilty plea.
There is nothing here that suggests you intended to try and take points for your DH, and the court will likely not proceed with the speeding charge as others have pointed out. Courts encounter situations like this frequently. Try not to worry too much about it, you will get 6 points on your licence but they only last for 3 years. Avoid any further driving offences and move on with your life.

Hollachica · 06/01/2020 10:01

This kind of happened to me. We got the first letter while we were on holiday, we got the 2nd a few months later, DH filled it in as he was driving. The form never got to the police & I was summoned to the court.
At this point, I am not sure there is any way to stop it. It is either plead guilty or not guilty.
In the end, I went to court, I explained what happened and that I had no choice to either pay £1000 fine if I pleaded guilty or plead not guilty.
I pleaded not guilty and they agreed with me. But we had filled in the form, that is the difference. My husband was my witness. It was quite scary but glad I did it and stood up for myself.

ProfessorSlocombe · 06/01/2020 10:03

There is nothing here that suggests you intended to try and take points for your DH, and the court will likely not proceed with the speeding charge as others have pointed out.

Lucky DH !

LucyAtPragma · 08/01/2020 23:27

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

New posts on this thread. Refresh page