ChatterBank1 min ago
Where does my friend stand?
My friend has been summonsed for a speeding offence. The offence happened at 12pm, midday. However the summons says it happened at 12am, which is midnight. What should he do?
Answers
1 to 11 of 11
Best Answer
No best answer has yet been selected by dingy. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
If your friend fought it at trial, he would have to put the time difference to the prosecution witness. The prosecutor could then make an application to amend the summons (which is hardly ever denied) so your friend will end up with a whole heap of costs (minimum asked for round here these days is �455). If he has been offered a fixed penalty, best take it.
TBH go to court and when asked how he/she pleads to the offence of speeding at 12am on what ever date plead not guilty and make sure your friend as an aliby for that time e.g. partner can say we were in bed together then or someone can say we were in the pub at that time. Then the court won't have a leg to stand on as any idiot knows 12pm is 12noon and 12am is midnight. TBH they shpuld use 24 hour clock.
The chances of successfully defending a speeding charge on this basis are virtually zero.
12am and 12pm are both equally incorrect in describing 12noon or 12 midnight. However, it would have to be shown that the prosecution is unable to say at what time of day that the offence took place. In fact, all that is being disputed is the annotation used on the summons to describe the time of day. This issue will be quickly covered by the prosecutor in his outline of the case against your friend. Any evidence then produced to prove the case will also easily establish whether it was noon or midnight that the offence was alleged to have taken place.
The suggestion that an alibi could be provided to show your friend was elsewhere is therefore a non-starter as the time of the offence will have been established by the prosecution evidence. The summons itself does not form part of that evidence and, as has been said, its details can, if necessary, be amended and this can be done up until the prosecution closes its case.
Unless your friend is prepared to employ somebody like celebrity lawyer Nick Freeman (�Mr Loophole") to give the case a run for a not inconsiderable sum of his money, he would be well advised to plead guilty and gain the maximum discount available for an early guilty plea.
12am and 12pm are both equally incorrect in describing 12noon or 12 midnight. However, it would have to be shown that the prosecution is unable to say at what time of day that the offence took place. In fact, all that is being disputed is the annotation used on the summons to describe the time of day. This issue will be quickly covered by the prosecutor in his outline of the case against your friend. Any evidence then produced to prove the case will also easily establish whether it was noon or midnight that the offence was alleged to have taken place.
The suggestion that an alibi could be provided to show your friend was elsewhere is therefore a non-starter as the time of the offence will have been established by the prosecution evidence. The summons itself does not form part of that evidence and, as has been said, its details can, if necessary, be amended and this can be done up until the prosecution closes its case.
Unless your friend is prepared to employ somebody like celebrity lawyer Nick Freeman (�Mr Loophole") to give the case a run for a not inconsiderable sum of his money, he would be well advised to plead guilty and gain the maximum discount available for an early guilty plea.
1 to 11 of 11
