Statutory declaration driving offence

What is a statutory declaration? Can I refuse a statutory declaration? If you make one within days of becoming aware of the fact that there are either ongoing proceedings, or you have been convicted of an offence without your knowledge, then the original proceedings or a stage in the proceedings is deemed void. Therefore the Prosecution are allowed to instigate fresh motoring offence proceedings even though it is more than months from the original offence.

The six-month time limit applies to most summary road traffic offences, but statutory exceptions do occur.

If you have been convicted and you did not know that there was case against you then you can make a statutory declaration. The declaration cancels the conviction , sentence , fine , penalty points and driving disqualification. It then resets the case back to the start so you can plead guilty or plead not guilty and go to trial. Form PE2: Application to file a statutory declaration out of time. Form Form PE3: Challenge an unpaid penalty charge notice.

Codes BAand BAmust stay on a driving record for years from the date of the offence. Codes BAand BAmust stay on a driving record for years from the date of the conviction.

Imagine discovering that you have been charged and convicted of a motoring offence without your knowledge, and that you have been driving whilst disqualified – an imprisonable offence. It may sound like the plot of a bad dream, but this is exactly the situation in which many drivers are finding themselves, thanks to a newly-introduced court policy of disqualifying drivers in their absence. The offence of driving whilst disqualifie although a summary offence , can be included in the indictment if founded on the same facts or evidence, or if it forms part of a series of offences of the same or similar character as an indictable offence which has also been charged - s. MSis the code used by the court and DVLA.

An MSconviction is the result of failing to provide information about the identity of a driver at the time a driving offence was committed. This can happen unintentionally but if convicted an MSendorsement carries a penalty of points and a fine. Exercise of functions of the Court of Appeal: rule 2. Making a false statutory declaration is a criminal offence and can have long-term impacts on your life. Even if you lied about on a statutory declaration form about a traffic offence – as many false statutory declarations do – you are not committing a traffic offence , but a criminal offence.

For offences such as littering from a vehicle, you should name the person responsible, even if you were the driver at the time. If the penalty notice is under a company name, then an authorised person from your company must. Simply updating your driving licence address alone is not sufficient.

If your address is not kept up to date and you do not receive the notice this will not amount to a defence. Criminal Procedure Rules 55. The offence occurred near Cannock and his case was listed before Cannock Magistrates’ Court.

A Notice of Proposed Driving Disqualification is formal notification from the Court that you are at risk of a driving ban.

Statutory declaration under s. Where a taxi driver is being convicted for a driving offence , the DVLA or a Court sends a driving conviction letter to such a driver. This letter may state that the licence has received penalty points or there is fine to be paid. In these circumstances, when the driver approaches the court for further clarification, the.

Trying to get information on this has been extremely difficult as the issue in question that courts are now concerned with is the charge of not supplying information and not the original driving offence so we don’t even know which offence he is being charged for (first or second speeding violation) I feel they are making it as difficult as possible to make him pay the fine when he will. It is an absolute offence. There is no allowance for we needed to move it to the front of the house for a few hours to get some stuff delivered. False statements, c. I am aware that James Kemp has been charged with low range drink driving and that he is pleading guilty to this offence. James has been employed as a driver for my business for just over years.

He transports meat products to the local butchers in Wellington and to other local towns, including Dubbo and Gulgong.