Soldato
- Joined
- 8 Sep 2003
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- 23,180
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- Was 150 yds from OCUK - now 0.5 mile; they moved
Been summoned to court
- Thread starter VTR
- Start date
Soldato
- Joined
- 17 Oct 2002
- Posts
- 10,321
- Location
- Stoke
This is quite a serious offence and isn't taken lightly by the courts.
edit - just realised it is for 3 offenses total 
1. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road on being required by a constable failed to produce your license for examination. Contrary to section 164(6) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
2. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road, or other public place where there was not in force in relation to that use such a policy of insurance or such a security in respect of third party risks as complied with the requirements of part vi of the road traffic act 1988 contrary to section 143(2) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
3. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road on being required by a constable failed to produce for examination the relevant certificate of insurance or security under part vi of the road traffic act 1988. Contrary to section 165(3) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
Ahhh I remember now, I didn't have my insurance certificate either as it hadn't come through the post, completly forgot to call back up as the women said there's no time limit just when I get around to it :\
I'm guessing probably a fine of around £200 or something? Stupid that they still require you to procude within 7 days even though he had done all the checks anyway!
1. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road on being required by a constable failed to produce your license for examination. Contrary to section 164(6) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
2. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road, or other public place where there was not in force in relation to that use such a policy of insurance or such a security in respect of third party risks as complied with the requirements of part vi of the road traffic act 1988 contrary to section 143(2) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
3. on 03/05/08 At fabian way, swansea, you being a person driving a motor veichle namely an audi ******* on a road on being required by a constable failed to produce for examination the relevant certificate of insurance or security under part vi of the road traffic act 1988. Contrary to section 165(3) of the road trafic act 1988 and schedule 2 to the road traffic offenders act 1988.
Ahhh I remember now, I didn't have my insurance certificate either as it hadn't come through the post, completly forgot to call back up as the women said there's no time limit just when I get around to it :\
I'm guessing probably a fine of around £200 or something? Stupid that they still require you to procude within 7 days even though he had done all the checks anyway!
Wouldn't think that would be possible with the summons? I've just applied for a new license anyway and have got my insurance certificate here so I'll take them both up as soon as it arrives.
You reckon? I had all valid insurance, mot, tax, license etc just forgot to call back in with the paper part of license and insurance certificate. And the officer had checked everything anyway. The woman at the police station told me there was no date I had to take the rest in by, would have been nice to get a reminder rather than a court summons :\
Technically you've failed to produce your documents, which has to be as serious as not having any, otherwise someone without insurance just wouldn't produce and get away with it.
You may well be ok and get off lightly, as like you say, you have all the documents, but I don't think there's anyone on here who could tell you for sure, you need to speak to a solicitor, or Citizens advice at least.
I've been to court about 3 times for not producing, each time I took the documents down to the magistrates court and handed them in - I didn't have to even go into the court room. I don't even remember getting a fine, but this was back in about 1992. The Police decided to pull me over every night one week and give me a producer each time. They were trying to deter us from hanging around in car parks in Staines.
As soon as you hand in the valid documents the 'worse' offences of no insurance etc will be dropped immediately.
DO NOT waste your money on a solicitor!
As soon as you hand in the valid documents the 'worse' offences of no insurance etc will be dropped immediately.
DO NOT waste your money on a solicitor!
Ok, nows the time for a serious answer
You'll also be pleased to know that the offence of failure to produce carrys no point or disqualification punishment. The most they can do is fine you, and fines are means tested so unless you're a company exec or lawyer or whatever, the fine wont be large.
However, you should be able to avoid a trip to court if you produce all your documents now. (I think you can go to the court and do it)
You'll also be pleased to know that the offence of failure to produce carrys no point or disqualification punishment. The most they can do is fine you, and fines are means tested so unless you're a company exec or lawyer or whatever, the fine wont be large.
However, you should be able to avoid a trip to court if you produce all your documents now. (I think you can go to the court and do it)
Eek, what people have posted is right for a single offence but for those three together they tend to start throwing books at you. I'm guessing you've been summoned to turn up to a magistrates court? What will happen is the magistrate will explain that each offence is triable-either-way, but due to the three of them the case is being handed up to a crown court as the maximum penalty would be beyond their competence. Arrangements will be made for that - it'll take an hour at most. You'll then probably have about 6 months before the case takes place at the crown courts.
If you plead guilty you'll be expecting a custodial of up to 5 years with a 1/3 then taken off for pleading guilty at first possible opportunity. You're thus looking at a maximum of 3.5 years with an actual typical of about 1.5 years. The statute also allows for a mandatory level 3 fine per offence (£1000 standard scale) so that's a £3000 fine in total.
Sorry to here this has happened to you, but there's a reason this law exists
EDIT:I'm guessing MrLol ISN'T a lawyer - bad advice is bad.
If you plead guilty you'll be expecting a custodial of up to 5 years with a 1/3 then taken off for pleading guilty at first possible opportunity. You're thus looking at a maximum of 3.5 years with an actual typical of about 1.5 years. The statute also allows for a mandatory level 3 fine per offence (£1000 standard scale) so that's a £3000 fine in total.
Sorry to here this has happened to you, but there's a reason this law exists
EDIT:I'm guessing MrLol ISN'T a lawyer - bad advice is bad.
Thanks for all the advise so far.
Surely I'm not looking at more than a small fine :\ All I've really done is forgot to go back to the police station with the relevant documents...
I don't really understand what the 3 seperate offences are for?
Surely I'm not looking at more than a small fine :\ All I've really done is forgot to go back to the police station with the relevant documents...
I don't really understand what the 3 seperate offences are for?
thats for the offence of driving without insurance and a license
which he hasnt done. The offence he's guilty of, is not producing his documents which should just be a fine.
Surely as soon as he produces his license and shows that he had insurance at the time of the incident, then the matter will be settled with a small fine...?
Clearly you've not read DPP v Llort 2007
@jonislost - it's too late for that now - he was given the opportunity, failed to and that is why he's now being taken to court. He was given the opportunity, he lost it.
What MrLOL described is exactly what I experienced three times for exactly the same 'offenses' as the OP has been summoned for.
Sorry, but you're wrong not MrLOL.