in november i was accused of using a mobile whilst driving, i plead not guilty and am taking it to court. my summons has came through and the vehicle in questions reg says lg51 val instead of lg51 ya* and my name reads p brampton instead of p bampton, this is in the witness statement taking by the officer on the day that claims i was seen by another officer. im wondering where this will stand in court as technically its another vehicle in question? cheers

 

I would, because you know that they would do it if it was you

Good luck

 

See a solicitor. You will recieve a lot of misinformation on here.

 

would if i could afford it lol

 

There's a site called - pepipoo helping the motorist to get justice.

The information there might help you.

 

cheers mate

 

as above - goto peppipoo - a very good site.

also another argument you can use is if the police cant even get the simple details rights such as car reg and your name, how the hell can they convince anyone they saw you on your mobile?

 

thought of that, was wondering if theyd throw it out of court being as reg is wrong?

 

ive had this before summons was wrong still got done for it though

 

That is a line he would have to take at the trial. Hence why he needs a local solicitor to tell him if the errors will make the difference between prosecution and not.

 

if you cant afford a soliciter you can always get legal aid mate, try lookin in your local yellow pages for soliciters who do legal aid. always better to go to court with some proper advice as said above you will get alot of misinformation on here.

 

just want to find some hard facts really as road in question is named in wrong area, name wrong and reg wrong

 

still think you should get advice from a soliciter mate if there is that much things wrong with the details on your summons i would be seekin proper advice as you could end up with a big fine for using your phone or your soliciter could get it thrown out of court due to all the differences in your details.

 

very good point, wonder what a solicitors cost would be?

 

like i say try and get legal aid tell them you earn less than 300 quid a week and you will get it.

 

cheers mate

 

fight it all the way me man,i got off a parking fine given by pigs because they got coulour of car wrong,get legal adive and fight the bastards.

 

iirc you cant get legal aid for a driving offence but still ask you may get it

 

you can only get legal aid if there is a risk of a custodial sentance,,,,,, you wont get it if your risk is 3 points

the judge will be a cunt mate,,,, technically they should throw it out BUT the judge will say its a typing error and tell you that the offence is whats in question not the spelling or are you denying it was you

been there done that im afriad, was accused of dangerous driving style on a road that dont exist and i wasnt even pulled,,, judge said " i know the area, hes hand writing is bad but i know the road,,,, thing is i was GENUINLY not on that road too, that was the road i was crossing at the very most !!!

fact of the court system is once you get a sumons to go there,,,,,, the court wanna get paied, its all about money,, barrister wants paied, judge wants paid blah blah blah

 

ive opted to go court anyway just trying to get advice, will have to try phoning legal aid 2mo, but surely getting the reg wrong changes the case greatly?

 

Are you in a magistrates court or crown court. For the offence i assume it's a magistrates court.
The reason i ask is because you could possibly use the argument of the polices' incompetence in getting their facts right in a crown court as i think a jury would be quite likely to agree with you and may doubt all the other evidence and hence find you not guilty. But in a magistrates court i think that the 3 magistrates will just disregard this as innocent errors and proceed with the case as normal.
Look on the bright side, a magistrate can only jail you for a maximum of 6 months lol whereas a judge can effectively throw away the key (hope that's cheered you up lol).

 

Don't do it whilst you're driving .

 

magistrates court, i cant get anything worse than what they wanted to issue me on spot surely?

 

Good luck with this mate! If it gets thrown out because of a simple typing error, id be VERY suprised. My mate was accused of being on the phone by a member of the public who 'said' he saw him on the phone. The vehicle details were wrong, the reg number totally wrong, and the judge purely made his mind up on the witness statement only as that was the ONLY evidence, and the witness didnt even show up in court. He ended up with points and a 700 quid fine in total!

 

Yes you can mate unfortunatly. If you plead not guilty, they can and may very well give you more than if you would have taken it to start with. My mate knows this as he was down by an extra Ł640!

 

oh fuck, really dont want a huge fine as been out of work long enough lately with broken wrist and recession has killed my finaces . im getting bill printed to prove no calls in or out and txt etc, witness saying i had bluetooth connected who was also pulled over and photo of sign written van linking the officers statment that i was only person in van as number is on side to back bill up?

 

I was given a producer many year ago with the wrong reg on it. I went to Court and got it withdrawn using the Police office as a witness and making him look stupid (I had no insurance, so this was the only way I could get out of it. (I learnt my lesson and will never drive illegally again)

 

Don't worry mate you won't be going to jail but as far as i know the magistrate doesn't have to give you a fine less than or equal to the one you were originally going to get, he could give you something more harsh.
Just out of interest were you on the phone when you were driving or have the got that wrong as well?

 

GRRRRRRRR, police are wankers, find some real criminals , dont see them nicking people for smoking whilst driving as same thing really.

 

I went to court last year for the exatct same offence and won. I would seriously advise a solicitior if you can mate. I represented myself but it was a very daunting experience,and they tried to rip me apart anyway they could.
The statements from the officer that supposedly saw me (PCSO) and the officer that actually nicked me (traffic) didnt correspond with each other and because i didnt have a solicitor the court clerk acted on my behalf. there was so many inconsistencies that the PCSO even admitted that he may have got it wrong and that I wasnt on the phone.

the most you will get is 3 points. But you will also get a fine plus court costs if you lose.

If you do decide to represent yourself make sure you make plenty of notes and thouroughly read the statements for anything that may help you.

 

Nice one!

 

He did the same mate, provided proof of phone bills, photo's of handsfree kit in car, etc. Even had the police round his house twice to see the handsfree kit and the phone bills, but they still persued it!

Just goes to show that even if your totally innocent, you could still be 'proven' guilty in court. Quite a shocking thought really, especially if its something more serious.

 

i wasnt talking on it no

 

I had mega grief trying to get bills for outward calls and messages from o2 but it wont actually make much difference, Its not that you was on the phone its the fact you was handling the phone thats the offence.

Because I have a parrot Handsfree fitted to my car i used that to say i wasnt on the phone but there argument was that because i wasnt using the phone doesnt mean i wasnt handling the phone

 

In that case i would fight it all the way purely based on priciple. Try Citizens Advice Bureau for free advice.

 

btw if you plead not guilty in court and they have to call the witness/set another date they will add 1/3rd onto the result,,,,, arguing " statment of events" being wrong as a "not guilty" is the defence i would use to argue and its better than saying " the officer is lying"

thats my defence for my case on the 16th but im looking at a little more than 3 points

your fine will be based on your income,,,,, they have fine bands they look at and the lowest is 50 quid, the odds if you are not working much ( with letters for proof) you will get that and te 60 quid fine and the option to pay 5 quid a week

 

ive never ever gottenthrough to them tbh

 

you have to call them early to get through to them but tbh there fucking useless for most things apart from housing issues and also solicitors,,,,, remember that you are paying them to defend you so some will take on a case even though they know there is no fucking point just so they can also get paied !!!

 

Who is the summons addressed to? if it's a different name, then it isn't you being summonsed. Put it back in the envelope, cross out the address and write 'return to sender - not known at this address'. Happy days.

 

solicitor is defo out of the question, more worry about a fine i cant afford atm