Tachograph Infringement

[rossischick]

Hi,

Not sure if anyone can help. My other half received a summons through the post to go to court next month - for the sake of a 2 minute infringement on a tachograph.
He should've taken a 31 minute rest, but only took 29 minutes.
I'm aware that the maximum fine could be £2500 - Not just that but it would appear on his criminal record which i think would be disgusting.
Although he is guilty, should he write a letter to the court asking them to be lenient on this occasion? Is there any possible way the court would dismiss this and just give him a slap on the wrist?
It just seems ridiculous for the sake of 2 minutes :(
Any help would be appreciated :)
Thanks x

[maclarencat]

I cant help as I dont know the answer to this but I agree it seems ridiculous for 2 minutes!

[MarkRae]

What did the CAB say? What did his solicitor say?

[factor-fiction]

Seems harsh for 2 minutes but I suppose it could be asked at what time does it not become ridiculous? 3 minutes? 5 minutes? 10 minutes?
Could he not argue he forgot to set it when he first stopped -or does it not work like that?

[rossischick]

He hasn't contacted anyone yet as it only came through on Saturday, so i thought i'd post on here in the meantime.

[piggynose]

http://www.transports...rg/tacho/penalty.html

[rossischick]

Thank you for the link piggynose - I saw that earlier but wondered more what the court would say in such a ridiculous circumstance :) I could understand if it was a serious infringement or fraud...

[MarkRae]

Yes, but it's already Monday afternoon...

As your other half will appreciate, the rules are there for a reason, and arguing that he didn't break them by much is not going to cut more ice with the courts, rather akin to arguing being only slightly over the drink drive limit, or only stabbing someone a little bit...

Seriously, he really does need to seek professional legal help as soon as possible.

[R1Geezer]

Hang on surely there must be a warning before they'd prosecute for this minor infringement. So has he got "form"? is the a first offence? These days they let you off the first 2 dozen burglaries F-F-S so I'm amazed this is geting prosecuted.

[New Judge]

Legal advice is not needed.

He should appear in court in person if possible, plead guilty (because he is) and offer his mitigation. He can explain to the Magistrates why he broke the rules (albeit by such a small amount), tell the court that he is remorseful and tell them he has learnt his lesson and it will not happen again. He does not need a solicitor to explain all that to the court.

If he cannot or will not attend in person he should write a letter to the court with his mitigation. If he fails to respond to the summons the matter will be heard in his absence, and a Not Guilty plea entered on his behalf. He will almost certainly be convicted and he will lose his discount for a guilty plea.

Although the maximum penalty is a fine of £2,500, Magistrates’ sentencing guidelines suggest a fine of half a week’s net income (reduced by a third for a guilty plea). In view of the very minor nature of the transgression the Bench may see fit to reduce the fine a little if this is his first offence. He will also have to pay a contribution towards prosecution costs of about £80 and a Victim Surcharge of £15.

As an aside, the court would not consider this matter ridiculous. One piece of advice your O/H would be well advised to heed would be that under no circumstances should he give the court the impression that he thinks it is, even if he does.

[New Judge]

I'm not sure how VOSA operates with regard to cautions, Geezer, but If he has received a summons a warning has obviously been ruled out.