Re: Speeding Ticket - While on road test update Archived Message
Posted by Dave Harney on May 5, 2009, 7:41 pm, in reply to "Re: Speeding Ticket - While on road test update"
http://www.abd.org.uk/rts_pavlovschi.htm http://www.abd.org.uk/index.htm Your Options if You Receive a Statutory Notice of Intended Prosecution are:
(a) comply with the NIP, pay the fine and incur the penalty points. If you do so, and you were the driver, state on the form that you are supplying this information under duress, in conflict with your right to silence under common law and Article 6 of the European Convention of Human Rights. You will then be given the choice of paying the appropriate fixed penalty by post and having your licence endorsed, or going to court for a hearing, which will incur extra costs. There is no point in going to court to plead guilty, other perhaps than to make a public statement that your right to silence is being denied. The alternative is to go to court to plead not guilty, on the grounds that S172 is invalid as it is in breach of Article 6 of the European Convention, and that for that reason your earlier admission of having been the driver is inadmissible as evidence. If you make it clear that you intend to plead not guilty you will probably be asked to attend a pre-trial review rather than a hearing. At either you should refer the authorities to the Francis case and ask that your case be similarly postponed until either the ECHR makes a decision in the Francis case, or in your case if you choose to make your own application to the ECHR. The clerk of the court at a pre-trial review, or the magistrates at a hearing have the power to allow that postponement at their discretion. They have no power to acquit, being bound by the decisions in the Privy Council and the Wilson case. If no postponement is allowed and you are therefore found guilty, you have 6 months in which to make an application to the ECHR as a 'victim' of a law in conflict with the Convention. If, having decided to fight, you wish to liase either directly or through your lawyer with Mr. Francis' defence team or the ABD's solicitors, in the first instance please contact Idris Francis by email, or the ABD. Please understand that nothing written here is advice to you to break the law. This is intended to clarify the legal options, including how you may properly challenge a law that you believe to be in breach of your constitutional rights. Regards Dave
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