| Dave G,
I went thru the Scottish court system (like a dose of Andrews I hasten to add!!!) last year when caught speeding taking my bike to Aberdeen in the people carrier.
My first advice is to get a new solicitor, best if you can be recommended one - will your BIL help here as he won't seem to help with anything else.
Something you can do is write to the Proc/Fiscal handling your case and request what's known as a 'continuation without plea'. This is in effect a request to delay the court hearing to a later date. The context in which it can be used is mainly to allow you sufficient time in which to gather the necessary information/evidence so that you can register a plea based on your findings.
I had my hearing 'continued' 3 times whilst I plagued the officers who stopped me for all the evidence they should have had against me (i.e. video, statements, calibrations certs, independent verification etc). You have the right to see the evidence being used against you so it can be for these purposes that you request a 'continuation without plea'.
I came to the conclusion that I had no technicalities to use and simply entered a plea once all information had been submitted to me.
If you want copies of my letters to give you and idea re. how to ask for a 'continuation without plea', drop me an email. Don’t take too long, the more time you give the court, the better it is for you in the long run. They don't like being messed around last minute but will normally oblige with requests if asked properly and in a timely fashion.
Also......Have a look at recent posts (within the last 14 days definitely) cos there was one with a link to the pepipoo site that had a letter used to counteract this 'who was driving?' issue.
Good luck, Guido
[Edited on 3-3-2005 by Guido]  |