Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Suzie on June 25, 2024, 09:17:57 am
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Under the previous sentencing guidelines, 75 in a 40 would have been at the top of the highest band (66-75), rather than an indeterminate speed above the start of the highest (66+) band, so I would not have expected a ban of more than 56 days to be considered if it were not for the fact that somebody who I understand to know better than me disagreed.
I also would not have expected "the officer" to be present for a guilty plea, let alone ask the court to consider points - but that is almost certainly why you avoided a ban.
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Neither did I NewJudge! I was so convinced of a ban I wasn't even going to suggest points ... but then the police officer did, so I invited them to make the determination. I guess in this case the truth and a clean license went a long way.
Don't change a thing NewJudge, I was better armed with the knowledge and worst case scenarios, and your run down of the hearing was exactly what I needed. thank you.
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A good result - much better than I expected!
I was very confident that a ban was nailed on. Glad I was wrong and thanks for letting us know. I'll be a little more cautious with my advice in future! :)
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Today went far better than I could have ever hoped. The officer was fair and objective setting out the facts, especially in how he described the road. He even mentioned it used to be a 70 limit many years ago. He advocated points for me. Restored my faith a little, honestly.
I spoke and the magistrates were receptive. The legal adviser wanted to make sure they made the fine affordable and the court asked various questions about how I earn money and when I get paid, which included 'how much were you paid last month?' and me stating '0'. I can often work for months, or even a year before I see a penny and I have to cashflow accordingly. They offered a payment plan twice insisting it must be affordable (though I declined as I just want this paid and done)
So... 6 points and £572 including costs and victim surchange.
I honestly thought I had no hope at all of points and I have been agonising since NewJudge mentioned the potential for longer than 56 days last week.
I am so very grateful to all of your who have offered support, information and guidance or suggestions. This community is fantastic <3 thank you all sincerely x
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Thank you - you are all wonderful people <3
greatly appreciated and much understood.
Didn't realise Exceptional hardship only related to totting up. I shall bear that in mind in my phrasing.
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Your worships, I have nothing to mitigate the seriousness of the offence beyond the lack of aggravating factors...
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Impact on others generally carries more te weight.
Be cautious as mentioned above.
"It was clear and dry with little traffic and good visibility" may come across as aggravating (it could be inferred you feel it was ok as the conditions "allowed" it).
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Remember that many things can be read in different ways, saying you have little work booked for the Summer, with a view to minimising the fine, also means that you wil not be so hard hit by a disqualification.
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You will be called into court and asked to identify yourself.
The charge will then be put to you and you will be asked to confirm your plea.
Assuming you plead guilty, the prosecutor will read a brief statement of facts to the court. Either the prosecutor or the court's Legal Advisor (who sits in front of the magistrates) will give the court the details of your driving record. You will then be asked if you have anything to say.
Though you have no formal right to plead "exceptional hardship" if you are banned (that is only available for "totting up" disqualifications) you can tell the court at that point that you realise the court will be considering a ban, and you can explain to them what effect that will have on you or others.
The magistrates will then make their decision. They will probably retire to do this and announce their sentence when they return.
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I'm just realising I don't know the order of proceedings. can anyone help please?
do I get two chances to speak, one to say 'sorry' and another to say 'please don't ban me because'... or do I just get the one chance to speak and have to cram it all in succinctly?
is there somewhere you can point me please to learn more about the day?
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thanks for the reassurance, Rookie.
... now for the 3.5 hours of public transport to get there and face the music. I shall report back.
any other words of wisdom in the meantime will be met with gratitude
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I have no idea how I represent the nature of my income which fluctuates significantly!
As I said you almost certainly won't have to, as long as the form MC100 looks 'sensible', an average of your income over the last 2-3 years seems a perfectly reasonable methodology under the circumstances you describe. Even if they ask you how it was calculated as long as your methodology is reasonable then there won't be an issue.
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Thank you so much Rookie. I did not have that form and I shall now complete it... though I have no idea how I represent the nature of my income which fluctuates significantly!
I guess I shall go and tell them the truth about the day. Can't really do more than that. I gratefully hear what you are saying though x
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Just declare your earnings, they won't ask for any evidence of it unless it looks 'suspicious'. I presume you have form MC100 to complete?
If you have no excuses don't give any, your 'head wasn't in it' could suggest you were unfit to drive, so I wouldn't go that route!
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thank you both. yep, no excuses, just a few reasons as to why my head wasn't in it that particular day.
So I am self employed and plan to take a breakdown of my income for the last 3 years from HMRC and a list of work I have for the next 3 months. I don't have a normal job and I only have 7 days work for July.
Do you think that will be sufficient information for them to base the fine on?
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No-one said 'longer than 56 days'.
Except they did.
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Not much you can say really, just apologise, what 'excuses' do you think would help?
This is the guidance for 66mph+ in a 40 - "Disqualify 7 – 56 days OR 6 points"
No-one said 'longer than 56 days'.
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Oh that is worrying - its the first time anyone has mentioned longer than 56 days. Thanks for the reply.
I don't have much to go on really. I was looking after my sick elderly parents (my dad has since passed away and mum in now in a nursing home and I just wouldn't be able to visit if I am banned.) I am disabled, but it's not very visible to most people. I work out in the sticks in nature reserves and I basically wouldn't be able to work. I also transport disabled people for my work at times.
i have a completely clean license and this one is just really out of character. It was a bad day and I was unlucky. I simply never speed like that and it could only have been for a few seconds at most, not that I actually believe I was doing 75 at all, but I am not stupid enough to mention that to the judge!
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The chances of you avoiding a ban are remote in the extreme.
The top band of seriousness for 40mph limits begins at 66mph. The recommended sentence is either a ban of up to 56 days or 6 points. You are well into ban territory and I would be surprised if the Magistrates did not consider this passage, which they have in their guidance:
"Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days."
What are you considering mentioning which you feel might reduced the penalty?
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Originally had this posted in Pepipoo but it appears to be down. I recognise many names here :)
I was done doing 75 in a 40. no map or specific location noted but I later figured out it was a mobile van 4 lanes over in a layby on the opposite side. Pleaded guilty and off to court on Tuesday 2nd July. Need to minimise the impact on me, ideally avoid a ban.
Any advice will be very gratefully received!! Things to take with me or things to say / not say etc. Generally any support as I am suddenly feeling extremely concerned about it! (and I had the dates very mixed up so I am glad I just checked else I would have missed it!)
Many thanks!