Help Needed! Court Date...

Discussion in 'Joining Up - Royal Navy Recruiting' started by cushdee, Jul 4, 2008.

Welcome to the Navy Net aka Rum Ration

The UK's largest and busiest UNofficial RN website.

The heart of the site is the forum area, including:

  1. Got my Joining up date 20th july, Now yesterday morning i received a letter from the police saying i have been caught jumping red lights and they are also trying to do me for dangerous driving! They gave me a date in August to goto court!! Now i told AFCO straight away and they told me im buggered basically if i get any sort of fine then i wont be going in for a long time! and the thing is for red lights they always give u a fixed penalty with 3 or more points...

    Anyone know what the score is? Apparently depending on the charge the longer it will take to reapply? I was told by the chief in AFCO that it could be something like 2 or more years?? Then he tried explaining that if i get banned from driving then i will have to wait a year anyway! Im totally gutted! getting all ready and that for Raleigh and now this comes up?!!

    Any help would be appereciated! Please no daft comments I realise im in the wrong and i am pleading Guilty..

    Now im thinking of turning to the RM would it be different for them as it is for the Navy?

    Dave
     
  2. DOH!! The RM is the RN!

    Should have paid attention to what the lights were doing instead of showing off to your girlfriend/boyfriend/mates.
     
  3. Yeah thanks for that... I was actually late for work and i was bymyself.. but great comment thanks a lot
     
  4. So your time keeping is off as well! In the Navy you will have to be there 5-mins before you should be otherwise you will be getting to know SPB and his ilk.
     
  5. So the excuse you will give the magistrate is. "Sorry mate I was late for work"?
     
  6. Ninja_Stoker

    Ninja_Stoker War Hero Moderator

    Unlucky- but your AFCO has advised you entirely correctly.

    Problem is that Dangerous Driving is classed (rightly) as a Serious Road Traffic Offence. A fine has a 5 year rehabilitation period before you may be processed for entry into the RN or RM. (Subject to reduction by half if under 17 on date of conviction - unlikely or you will have additional offences also if you were driving a car aged under 17).

    Providing any ban has expired, you have your licence back, you can prove the fine has been paid and you have non other serious unspent motoring offences, tour AFCO may consider a waiver at the 2.5 year mark, but there is no guarantee that this will be granted.

    If you are simply given a spot fine & not prosecuted for dangerous driving, then your AFCO will advise whether you may be eligible for earlier consideration.
     
  7. Hi!

    My advice is to get in touch with a solicitor in your area who deals with this kind of offence. If you would like to, PM me and I'll try to find one for you.
     
  8. janner

    janner War Hero Book Reviewer

    Retired Plod head on.

    Try ringing the prosecutions department that have sent out your summons, there should be some sort of contact details on the letter.

    Explain your circumstances and the consequences of any court appearance, offer to take in any paperwork relating to your offer of a place in the RN. Be polite and straight forward, don't lose your rag and it may be that they feel that the penalty liable to be awarded far outweighs the offence (ie loss of a career).

    If this happens you will no doubt still get the fixed penalty notice and fine attached to it, Ninja or Super Maria will be able to tell you how that would affect your entry.

    What you can't afford to do is nothing, get off your arse and get moving as soon as possible.

    If this approach doesn't work you can then go down the Solicitor (spit) route/
     
  9. i agree with Janner get representation in court from a solicitor or if you can afford it a Barrister.
    Most magistrates will take into consideration the implications of any sentence they impose so first port of call is a solicitors. You may be eligible for legal aid if not sell the the car as they dont float at sea best of luck keep us up dated
    And also take the advice Janner has given
     
  10. I forgot to add and maybe Ninja can answer it if he joins in Julynand goes to court in August is there a rule about impending court cases or would it be dealt with as consequentials ,i dont know as i was a good lad before i joined.
     
  11. Right as soon as i received the court letter i went To AFCO told them they sent me over to the Courts to try and sort this out! They Basically said all i can do is write a letter to the court pleading to have the date brought forward to asap.. which i did there and then! The thing is the officer only done me on the day for 1 red light and now he's totally changed it to 2 red lights and dangerous driving!!

    Surely thats not right? i was thinking after reading some of the good comments on here that if i plead not guilty to the 1 red light and dangerous driving and plead guilty to one red light then maybe my Joining date will be put back but at least i wont be done for dangerous driving then? What will happen if they give me 2 fixed penalties for the lights and nothing for the dangerous driving? how long would i have to wait to join up then? AFCO said any sort of fine will mean im put back but surely thats the wrong way round? I mean u can get fined for anything these days?
     
  12. Pls see PMs.
     
  13. sorry to jump in, but at the start of the year I had a fixed penalty for parking my car on a pavement. Paid the fine no points no court- should i mention this on any forms i have to fill in. I'm guessing it won't bar my entry?

    cushdee- If you think the charge is wrong then contest it. Find your local citizen advice bureau who should be able to help you out.

    http://www.citizensadvice.org.uk/
     
  14. tell them that at your speed it would have been dangerous to atempt to stop at the red as it suddenly came onto amber, was it police car or trafic camera?
     
  15. What a stupid piece of advice. He would then be admitting to driving without due care and consideration. :thumright:
     
  16. Lot of people here quite happy to slag this person off, without contributing anything useful to his problem. If your opinion is, "Tough luck dumbass, you're getting what you deserve", say so and bugger off. That way people won't have to wade through your drivel before we get to something helpful. cushdee is prob not the first person this has happened to and not the last.
     
  17. THanks ppl it was a police officer that stopped me just as i went through the first set of lights then because i seen him i didnt go through the 2nd set well my wheels were over the line but never flew through them!

    Due to me travelling at some speed he must of put his foot down behind me cause as soon as i slammed on the brakes before the 2nd set of lights he had to swerve out of the way cause he nearly rear ended me!! thats why he's trying to do me for dangerous driving!! Its crazy!!

    Well im going to see a solicitors on monday and hopefully i'll get somewhere with them! Not looking promising for me joining up on the 20th of July though!!
    Thanks for all the help ppl are doing for me!!

    Im totally Gutted..
     
  18. I don't know the you were travelling at but if you had seen the police car you should have reduced your speed and driven more carefully. Having almost run the second light you compounded the offence.
    I'm not a solicitor but I thing that the plod has a pretty tight case. The single Amber light preceding the Red means stop, not accelerate to try and beat the red.
     
  19. if it was a 60 road and the lights suddenly come on amber its dangerous to slow, this wouldnt be be without due care and attention, but as it looks that he was caught by car then thats something else,
     
  20. Cushdee, I have just checked through a Police Database, and it would appear that you may be slightly confused.

    just because you were pulled for driving through the lights this does not negate the fact the the Police/CPS can charge you with careless/dangerous driving. By driving at speed and going through the 1st red light you could be deemed to be driving carlessly, this is in fact given as an example within the caselaw.

    By going through the 2nd red light it could be construed that that was a persistant disobedience to traffic law, justifying a charge of Dangerous Driving, again this exact thing is given as an example.

    If it will help I can post the extracts or PM them to you.

    Good luck mate, I understand that it sounds crap that a traffic offence should go against you joining up but thems the rules.

    I would get a good member of the SCUM (legal profession) though as from what you have said (admitted to going through two red lights speeding etc) it sounds like an open and shut case.
    CIA
     

Share This Page