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PostPosted: Fri Nov 02, 2007 23:49 
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Joined: Tue Oct 30, 2007 22:25
Posts: 6
Hi guys, I'll keep this short.

My partner is being done for speeding and is being summoned to court. We want to go with Guilty because we know that he was exceeding the speed limit on the named road by a fair speed. However, the "statement of facts" that came with the Summons only says: "The defendant drove a motor vehicle on the said road at a speed exceeding 70mph, the defendants speed was checked by a police office and found to be ****" (the remainder of the literature is not provided).

His problem is that he WANTS to plead guilty, but as the courts REFUSE to disclose the full "statement of facts"/evidence, we don’t really know what we are pleading guilty to???

The only way you can obtain the evidence / prosecution material is to plead N/G - which seems ridiculous as he wants to do the right thing (and knows he is guilty), but needs to know what he is pleading guilty too....

We have sought legal advice and one motoring lawyer firm is adamant we should go N/G to obtain the S.O.F (assuring me that we can always go with a Guilty plead afterwards) of course the said motoring lawyers want to charge for their services, so this is in their interest.

We have also sought legal advice from an impartial advisor (free legal advice with our mortgage) and they are adamant that you're best off with a Guilty plead as this will lesser the punishment due to the fact that you're pleading guilty at the first available opportunity which will prove that you are remorseful.... (the literature from the courts actually states that your punishment will be reviewed an lightened if you do

I haven’t really asked a question in all of the above, but essentially want to see what SafeSpeed recommend? NG seems like a lot of effort just to see what’s in the officer’s statement, but then again, pleading guilty to a charge you're not aware of is a bit like doing Russian roulette???

Any advice would be deeply appreciated.

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PostPosted: Sat Nov 03, 2007 12:12 
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Joined: Mon Mar 08, 2004 21:41
Posts: 3608
Location: North West
Not having been in this situation and really IG would be best person to reply as he has done folk for speeding in the course of his career to date. :yikes: But..

you say he was pushing the old envelope so he cannot dispute he was not speeding at the time.

His lawyers say they want all the facts. They are looking for flaw in application of the law... the so-called "Loophole" where a mistake in the procedure of clocking his speed can undermine their case badly. Example - when the device was calibrated and checked - that sort of thing. That's why I think they want to see this so that they can argue the case to mitigate (per legal beagle in family)

In the meantime .. think back. How long was partner "hooning it along a bit" for? When did he notice the police car clocking him? All of this .. plus any mitigating circumstances concerning livelihood .. all of these factors should be argued out for his benefit by his brief whether he pleads guilty as charged or enters a N/G to get hold of the evidence against on basis he can always plead "Guilty" when he's seen the evidence and in the dock.

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 Post subject: Plea of Guilty or N/G
PostPosted: Mon Nov 05, 2007 16:36 
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Joined: Sun Dec 31, 2006 14:48
Posts: 244
Location: Warrington ex Sandgrounder[Southport]
I once heard of an interesting case from a mate of mine some years ago (but it might not apply here ).

He received a summons for a motoring offence some years ago and what he did was to send the summons back with the statement "NO PLEA AT PRESENT" and just stated that he would attend court on the stated day and THEN AFTER LISTENING TO THE EVIDENCE DECIDE WHETHER OR NOT TO PLEAD GUILTY OR NOT GUILTY!

As it happens he pleaded N/G and the case was dismissed plus his costs.

Bearing in mind the law may have changed the question is simply "DO YOU HAVE TO LEGALLY ENTER A PLEA OF GUILTY OR NOT GUILTY" ?

"There But For The Grace of God Go I"

"He Who Ain,t Made Mistakes Ain,t Made Anything"


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