Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Mr_Picto on December 06, 2024, 11:23:02 am
-
Hi everyone, directed here from Reddit and it seems like a great resource!
In April of this year I was clocked doing 110mph on the M6 between junction 15-14. I plead guilty as the photo was accurate and I'd confirmed that the camera had been recently calibrated, I don't feel like I can dispute the charge. Due to the amount over the limit I was, it's been escalated to a court appearance on the 17th December.
I can't really afford legal help and I'm curious about what I should prepare for the day.
How did you get on in court for this in the end?
-
After entering the court you will be asked to confirm your identity and confirm your guilty plea.
The prosecutor will read the statement of facts to the court. You will be asked if you have anything you want the court to hear about the offence. You will almost certainly be warned that disqualification is a consideration and asked what effect that will have on you. The Magistrates will then probably retire briefly to consider their sentence.
Do you plan to explain why you were speeding?
Thank you for explaining, that's much appreciated.
Honestly, it baffles me how I was clocked doing that speed, I must have been overtaking but it really doesn't seem like I'd go that fast. I plead guilty because I can't dispute it, but I don't think it's wise to divulge that.
-
After entering the court you will be asked to confirm your identity and confirm your guilty plea.
The prosecutor will read the statement of facts to the court. You will be asked if you have anything you want the court to hear about the offence. You will almost certainly be warned that disqualification is a consideration and asked what effect that will have on you. The Magistrates will then probably retire briefly to consider their sentence.
Do you plan to explain why you were speeding?
-
You cannot attend a Single Justice hearing. They are held in an office with a single magistrate, assisted by a Legal Advisor, adjudicating in cases "on papers" only. Nobody else can attend.
When you responded to the Single Justice Procedure Notice there would have been three options:
1. Plead guilty but do not attend court
2. Plead guilty and attend court
3. Plead Not Guilty.
Only if you chose option 2 would your case have been listed for a hearing in the normal magistrates court.
However, as I said, your speed is well into the range where a ban might be considered. If the Single Justice believes that it should, your case will be adjourned and listed for a normal hearing, which you will be invited to attend. The Single Justice will not ban you in your absence.
Sorry, it's been quite a lengthy process, you're right, I did select option 2 of the three. At the time it seemed like the best option.
What should I expect at the appearance? Is there anything I should prepare?
-
You cannot attend a Single Justice hearing. They are held in an office with a single magistrate, assisted by a Legal Advisor, adjudicating in cases "on papers" only. Nobody else can attend.
When you responded to the Single Justice Procedure Notice there would have been three options:
1. Plead guilty but do not attend court
2. Plead guilty and attend court
3. Plead Not Guilty.
Only if you chose option 2 would your case have been listed for a hearing in the normal magistrates court.
However, as I said, your speed is well into the range where a ban might be considered. If the Single Justice believes that it should, your case will be adjourned and listed for a normal hearing, which you will be invited to attend. The Single Justice will not ban you in your absence. If he SJ does not believe a ban should be considered you will simply be advised of the outcome by post.
-
Have you actually been asked to attend court or is your hearing being held under the "Single Justice" Procedure?
In any event, the guideline sentence for that speed (assuming you plead guilty) is a fine of a week's net income, a surcharge of 40% of that fine and either a ban of up to 56 days or six points.
That speed is definitely fast enough for a ban to be considered very likely.
So it'll be under the single justice procedure, the way the letter was worded made the court appearance seem like I'd get a chance to explain my circumstances and how a ban would affect me. But I'm starting to feel that an appearance might be pointless.
-
Do you have any endorsements/points on your licence at the moment?
So I've nothing on my license at the minute, not a single other run in with the law.
-
Have you actually been asked to attend court or is your hearing being held under the "Single Justice" Procedure?
In any event, the guideline sentence for that speed (assuming you plead guilty) is a fine of a week's net income, a surcharge of 40% of that fine and either a ban of up to 56 days or six points.
That speed is definitely fast enough for a ban to be considered very likely.
-
Do you have any endorsements/points on your licence at the moment?
-
Hi everyone, directed here from Reddit and it seems like a great resource!
In April of this year I was clocked doing 110mph on the M6 between junction 15-14. I plead guilty as the photo was accurate and I'd confirmed that the camera had been recently calibrated, I don't feel like I can dispute the charge. Due to the amount over the limit I was, it's been escalated to a court appearance on the 17th December.
I can't really afford legal help and I'm curious about what I should prepare for the day.