Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Paul_k3 on November 18, 2024, 11:46:59 am
-
FFS, stop hassling the OP.
If he wanted meaningful advice, he would have provided some information to base such advice on. Clearly he just wanted to feel that he had explored all avenues by nominally asking if there was some silver bullet we hadn't mentioned that contradicted the advice previously given.
-
I got a speeding fine and 6 points and can I appeal against this?
Did you plead guilty? Or did you plead not guilty but was found guilty. If the former you can only appeal the sentence, but as 6 points is the least you can get it doesn't seem worthwhile. What was the fine (+ costs)?
-
You can certainly appeal against it. You must lodge your appeal with the Crown Court within 21 days of your conviction.
However, you haven't said how much the fine was and we don't know what your income is, so it's difficult to say whether you were fined correctly. However, as Bert says, six points is in accordance with the guidelines. What were you expecting?
If your appeal against sentence in the Crown Court fails the prosecution will ask for costs in the region of £700.
-
What do feel you could appeal against?
6 points is the bottom of the sentencing guidelines for this speed. It won't get any better than that. What was the fine? Does it fit with NewJudge's sentencing?
-
I got a speeding fine and 6 points and can I appeal against this?
-
Magistrates’ sentencing guidelines for 44mph in a 20mph limit suggest a fine of 1.5 weeks net income (reduced by a third if you plead guilty). You will also pay a “victim surcharge “ of 40% of that fine and costs of around £90. So if your income is £500pw you will pay around £800. You will also see either a ban of up to 56 days or six points imposed.
If the “Single Justice” dealing with your case believes a ban should be considered your case will be adjourned for a hearing in the normal Magistrates’ Court and you will be invited to attend. The SJ will not disqualify you before you have an opportunity to attend court. If six points is the outcome you will simply be informed of the outcome by post.
Incidentally, your car's registration number is visible on the SJPN. You might like to consider taking it down and reposting with it redacted.
-
Hi All
I received my first speeding fine doing 44mph in a 20mph zone with a lazer gun but I did not a NIP within 14 days so can I use it as a valid defense against the speeding charge. The officer did read my rights so is this the same as a NIP? Is this procedural failure? Is their any defense I can state ?
Pls see attached Single Justice Procedure
Many Thanks
Paul
The officer did read my rights so is this the same as a NIP? If he warned you that you would be considered for prosecution then no NIP is needed.
Is this procedural failure? No.
Is their any defense I can state ? Nothing you've told us suggests a defence. The best course will be to plead guilty, which will give you a discount on the inevitable fine and minimise the prosecution costs.
-
Hi All
I received my first speeding fine doing 44mph in a 20mph zone with a lazer gun but I did not a NIP within 14 days so can I use it as a valid defense against the speeding charge. The officer did read my rights so is this the same as a NIP? Is this procedural failure? Is their any defense I can state ?
Pls see attached Single Justice Procedure
Many Thanks
Paul
[attachment deleted by admin]