Being taken to court for wasting police time

[Kuli64]

My husband received a speeding ticket ,he was not sure if it was himself or his colleague driving his car at the time,as he didnt recall he thought his colleague was driving at the time so gave his colleagues name and address.Then they asked for an Insurance document but his colleague no longer works with him and he cannot get hold of him as he has moved address.He sent back the second letter again with his colleagues name but no insurance document,they wrote again and then he misplaced the letter and rang to get a new letter sent out. My husband later realised it was most likely he was driving at the time of the offence,when he received the new letter the police sent a photo and it was him driving at the time.So he wrote a cover letter apologising and gave his details as the driver.He then received a letter acknowledging him as the driver abd tried to book onto a speed awareness course but was told he couldn't as the police were taking him to court for wasting police time.He already has 6 points what is the waste case scenario,will he get points or fined or both?And can he still attend the speed awareness course.

[andy-hughes]

I would be inclined to write back to the police - and copy in the court, and the speed awareness people explaining the circumstances - just brief bullet points with dates, so they can see what has happened.

Add in a grovvelling apology, and confirm that it was never his intention to waste anyone's time, and he hopes that the police will accept his apology on this occasion, as he completely understands the seriousness of the situation.

Hopefully that will head off the court action.

If not, write to the speed awareness people again and enclose copies of his letter to them and to the court and police, and ask if they could allow him to attend the SA course.

ideally, he will get off the court appearence, be able to attend the SA course, and have no more points and no fine.

Worst case is that he cannot attend the course, he gets the points and a fine, and also a fine for wasting police time.

Best of luck.

[factor-fiction]

He could try as andy-hughes suggested but from the situation you have described I'm not really surprised that the poice have gone down this route.

[Kuli64]

Thanks for your advice Andy I'm sure it is worth a try they can only say no I suppose.

[andy-hughes]

Exactly - you have nothing to lose by appealing to their better nature.

I would have thought that from the circumstances you describe, taking you to court for 'wasting police time' would actually constitute a further waste of police time - but iorny is usually lost on beaurocarcies!

Keep copies of all your letters, and keep them short and to the point.

Good luck - let us know how you get on.

[exdc]

Hi Kuli66,

This is an offence that requires the consent of the Director of Public Prosecution to proceed. It is a summary only offence carrying a maximum penalty of six months' imprisonment and/or a level 4 fine, £2500. Sorry, I am not sure regarding the speeding penalties.

[joko]

they would surely have to convince a court that you were being deliberately obstructive with the intention to waste time... why would you do this? to what benefit?

being forgetful does not constitute a crime. be sure to mention this in your letter of apology.
Make sure your letter sounds very sorry but very eloquent and professional, so they know you will defend this.

[Peter Pedant]

um........K

I cant even write it.......you should choose another name.....it is a naughty bit in Italian....sorry and you're a girl as well......

[cathfromsaron]

access to speed awareness courses are at the discretion of the police only! so he may have missed the boat!

in hindsight, he should probably have asked for more information and told them straight off it could have been either of two people driving on that day!