local gov p.c.n' how to deal with them pt 3 must sea
fyi:
Hallo, i have just been looking for some information for you, splspro.com is not an advisory service, or representation functionality,
as follows for your information:
so if this was for speeding or driving without insurance? enter a not guilty plea- this triggers full disclosure of all evidence.
As they have to provide full disclosure, this will tell you if they have actual evidence of you driving, or just a picture of the car, or the officers statement/camera footage?
if you dont receive any evidence then case can be discharged for failing to disclose, as of a breach of due process, if they do disclose, then as this was some time ago, and you cant remember with a clear conscious if you were driving or not, and as you have asked any other people that have access to the car if they were driving, you have carried out due diligence and tried to assist in identifying the driver.
however, unfortunately no one can remember and so you want to see the evidence of you driving the car, maxim of law ‘ he whom makes the claim must provide the burden of proof’
otherwise they have nothing on you and want you to admit it or put someone else in the firing line.
They never have a clear picture of the driver as they always snap the number plate to see where to send the notices to.
Hope that makes sense?
ive used this in court myself, and the court clerk tried to con me by saying the cps have evidence of me driving, i asked why it hasn’t been disclosed to me then? and as soon as the judge walked in the court, the cps requested the case to be dropped.
so stand your ground, be polite, respectful and play them at there own game.
i didn’t once question anything regarding if the statute is applicable to me, or anything else like that.
just use either failure to disclose -due process, or, the evidence doesn’t prove you were driving at the time. keep it simple.
one should have full disclosure given if you enter a plea (regardless of what people say, if you don’t enter one you will get railroaded) enter not guilty for full disclosure, and then see what they send u, they will have no evidence of you driving the car/van/bike, maybe just a picture of it, or in this case a statement of truth.
So you will need to show that you attempted to confirm who was driving at the time of alleged offense. if you go in shouting no consent etc etc, you will get done over, just play by the rules you agreed to play by, but remember they always fail due process.
this has not been tailored for you, just some relevant information for you to consider…
i shall be back later this evening.
ciao for now, bruva david.
This reply was modified 17 seconds ago by david & giaramita david & giaramita.
