Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Prakasva on December 16, 2025, 02:12:41 pm
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Yes, those were the points I was getting at. If the OP has a foreign licence, he will get points on a ghost UK licence and be banned from driving in the UK, I believe a UK court can't ban a foreign driver from driving outside the UK.
The other thing the police seem keen to test for is drugs if the "police chase" TV shows are to be believed. double whammy.
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I'm not too sure why Roy asked the question.
Not speaking for him but I've seen on other forums where there is an assumption that if you are in possession of both a UK and an EU driving licence then you can present one and keep the other one clean.
So Pawel, originally from Gdansk but now living in Colchester, gets 6 points for speeding and hands over his Polish driving licence - his UK licence remains clean and if insurers check the DVLA database when he comes to reinsure his vehicle they'll find nothing.
The assumption is wrong but it seems to have legs.
Because foreign licence holders get UK points added to a UK ghost licence? About 20,000 a year apparently.
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Probably not. If you refuse a breath test you get charged with failure to provide (the punishment for which is often as bad as drink driving). If (and only if) the police think you have a good reason not to give a breath sample will they offer a blood (or urine) test instead. The story you were told is poor advice (and too late for you).
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On a separate note, I spoke to person today and she said that I should have refused to police to do breath test and asked for blood test.
She did that once and police did blood test but to get appointment for blood test it took more than 4 hours and her reading was low. So her offence was smoking and littering on highway. Is that true? Will it work?
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The assumption is wrong but it seems to have legs.
Yes. That's why I asked.
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I'm not too sure why Roy asked the question.
Not speaking for him but I've seen on other forums where there is an assumption that if you are in possession of both a UK and an EU driving licence then you can present one and keep the other one clean.
So Pawel, originally from Gdansk but now living in Colchester, gets 6 points for speeding and hands over his Polish driving licence - his UK licence remains clean and if insurers check the DVLA database when he comes to reinsure his vehicle they'll find nothing.
The assumption is wrong but it seems to have legs.
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I'm not too sure why Roy asked the question.
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UK license
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Just a thought, did you have an EU or UK licence?
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About what I expected. Thanks for letting us know.
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All done in court now. Big thanks to this forum for all help and guidance.
15 months ban reducing to 11 months if I complete the course.
Fine around 500£
Duty solicitor was there to guide me.
And duty solicitor said criminal record will be there for 12 months and in police history for very long period.
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Yes English is not my first language but I can communicate
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I will be alone and check if duty Sollicitor is available to guide or help me.
The duty solicitor should be available to speak on your behalf.
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It seems English is not your first language, have you asked for an interpreter?
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Thank you.
I will be going in public transport to court or will ask my buddy to drop off.
I will be alone and check if duty Sollicitor is available to guide or help me. If not I am on my own.
All the points mentioned here in this foru
are fair. Thank you.
Fingers crossed for tomorrow.
I genuinely I regret my decision to drive after drinks. Learned my lesson.
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*Pled* (or more correctly *pleaded*, but it doesn't 'sound' right).
Plead is the first person present tense of the verb "to plead" - How do you plead? I *plead* guilty, Sir.
Plea is a noun - you entered a plea.
When you entered a guilty plea, you *pleaded* guilty (or *pled* guilty) - this was in the past.
Minor point, but if you're correcting yourself, do it correctly.
General points, listen, try to avoid interrupting unless absolutely necessary, and perhaps most importantly don't drive there (or more precisely understand that unless the hearing is aborted, you won't be driving back). Avoid looking like you are ignoring the court - if you are asked something and need to think for a moment, explain to the court that you need a moment to answer.
Don't be surprised if the court are not blown away by your selfless offer to take any course offered in exchange for a shorter ban.
Whether you want to take a buddy for moral support depends on how much you want moral support vs how much your buddy has better things to do. However, if your buddy thinks he's Perry Mason and is planning to heroically defend you by arguing with the court, don't.
Mostly, what is done is done, and very little that you do or say in court will make much difference.
That said, lay benches (3 lay magistrates) are often very good at being objective, and not being overly swayed by their opinions of the accused - they are there to perform a very solemn and important task to the best of their abilities. If you have a District Judge (qualified magistrate, sitting on his own), some are as fair and balanced as any lay bench, but some are more prone to
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Thank you.
I will be going alone and first time to court as well. My hearing is on 7th Jan 10am. I am planning to reach by 9am, I am taking my DL, charge sheet and completed MC100 form.
Should I take a buddy? Anything else should I be aware of? I will dress up appropriately (formal wear).
I am taking a small write up quoting that” it was my misjudgement to drive after drink and I please guilty at first instance. I am deeply regretting my decision to drive after drinks. I am ready to take course if offered and I will never repeat this or any sort of unlawful behaviour “
Plea* guilty
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Thank you.
I will be going alone and first time to court as well. My hearing is on 7th Jan 10am. I am planning to reach by 9am, I am taking my DL, charge sheet and completed MC100 form.
Should I take a buddy? Anything else should I be aware of? I will dress up appropriately (formal wear).
I am taking a small write up quoting that” it was my misjudgement to drive after drink and I please guilty at first instance. I am deeply regretting my decision to drive after drinks. I am ready to take course if offered and I will never repeat this or any sort of unlawful behaviour “
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In post #1, he O/P stated he was driving at 30mph in a 40mpH limit,...
It's probably that very fact that attracted plod's attention. ;D
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Even though you may claim not to have been driving wrecklessly or similar, you were exceeding the speed limit, which is what attracted plod's attention.
In post #1, he O/P stated he was driving at 30mph in a 40mpH limit, so he was NOT speeding.
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I would assume that the canny lad's comments variously reflected the possibility that if the OP were to continue to spin the truth at the hearing, the bench might consider that he had not fully accepted responsibility for his actions, and the more general point that it is difficult to give meaningful advice if the OP is being economical with the truth.
I think I posted elsewhere on this forum that I used to work with someone who did magistrate duties.
Trust me, they do NOT like people who turn up and don't show respect for "their" Court.
Respect can be anything from not standing when asked to when the JPs enter the room to pitching up for your hearing unshaven and wearing a t-shirt proclaiming "I sh4gged a virgin last night".
They're a funny bunch, it isn't difficult to swallow your pride and just nod and say yes sir no sir :-)
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Your first post was a bit of a white lie, you most definitely had more than a couple of pints and the magistrates will know this.
And what influence might that have on the sentence?
I would assume that the canny lad's comments variously reflected the possibility that if the OP were to continue to spin the truth at the hearing, the bench might consider that he had not fully accepted responsibility for his actions, and the more general point that it is difficult to give meaningful advice if the OP is being economical with the truth.
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Even though you may claim not to have been driving wrecklessly or similar, you were exceeding the speed limit, which is what attracted plod's attention.
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Your first post was a bit of a white lie, you most definitely had more than a couple of pints and the magistrates will know this.
And what influence might that have on the sentence?
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Your first post was a bit of a white lie, you most definitely had more than a couple of pints and the magistrates will know this.
I take the offence was committed in England and not Scotland.
In court be polite and courteous to the bench. Always stand when speaking or being spoken to by the bench.
Be apologetic.
As it's your first time visit any court and see how proceedings are carried out (your choice). It may help to calm your nerves for the real thing.
I used to work with a magistrate.
They have sentencing guidelines that they follow but there is an upper and lower limit for each tariff.
As @Mayhem007 says, turn up in court suitably dressed, show deference to the bench (they love that sort of obsequiousness) and just say yes no please sir.
If you turn up wearing a "I slept with a virgin last night" t-shirt and diss the bench then you'll attract the top end of the tariff.
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Your first post was a bit of a white lie, you most definitely had more than a couple of pints and the magistrates will know this.
I take the offence was committed in England and not Scotland.
In court be polite and courteous to the bench. Always stand when speaking or being spoken to by the bench.
Be apologetic.
As it's your first time visit any court and see how proceedings are carried out (your choice). It may help to calm your nerves for the real thing.
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How were you notified of the court hearing?
Round my way, the first appearance date is on the charge sheet issued at release from custody.
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I was given in hand when sergeant asked me leave the station. The charge sheet has court hearing date and time.
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How were you notified of the court hearing?
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The charge sheet was given to me in person by sergeant when they asked me to leave the police station
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I had received any communication yet from court yet. I have checked with my neighbour and no mail to my name yet.
How do you know you have a court hearing, then?
Should I print M100 form and keep it ready?
Won't do any harm.
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Thank you. Looks like typo on my address on charge sheet (neighbours door number was mentioned). I had received any communication yet from court yet. I have checked with my neighbour and no mail to my name yet. Should I print M100 form and keep it ready?
This forum is really a life saver for me. To be honest. I was never been this situation before and very nervous being first timer.
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It’ll make no difference, no.
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Also, can I plea guilty earlier than my hearing date? Will that help to reduce ban? Or any consideration?if I can plea early, what should I do?
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Also, can I plea guilty earlier than my scheduling hearing? Will that reflect any good on me? If I can do, how to do?
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How to do present my financial situation for fine?
If you have received court papers you should have been provided with a form (called “MC100”) to complete. If not you will be asked to provide details on the day. Here is the guidance to that form together with a copy:
https://assets.publishing.service.gov.uk/media/5aa6b46aed915d4f595c551e/mc100-eng.pdf
Also, can I tell court that I can do volunteering service to court during weekends not impacting my day job?
You can, but for what purpose? The court must disqualify you for a minimum of twelve months. It doesn’t matter what you do at the weekends. There is no alternative to that.
Should I prepare a written note on my plea? And read / present to judge?
What do you want the court to hear?
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No.
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Also, can I plea guilty earlier than the court hearing date? Does that help me to reduce the length of ban?
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I doubt that will make any difference. You'll certainly get a year's ban no matter what you say.If you're offered the course that could reduce the ban. Don't drive to the court if you have to attend, you won't be driving back.
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Thank you.
How to do present my financial situation for fine?
Also, can I tell court that I can do volunteering service to court during weekends not impacting my day job?
Should I prepare a written note on my plea? And read / present to judge?
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Any other way that driving ban could be reduced?
No aggregation, I was alone in car, no reckless driving, charge sheet mentions that my reading was 57mg. There is nothing else mentioned.
Sentencing guidelines HERE (https://sentencingcouncil.org.uk/guidelines/excess-alcohol-driveattempt-to-drive-revised-2017/)
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Any other way that driving ban could be reduced?
No aggregation, I was alone in car, no reckless driving, charge sheet mentions that my reading was 57mg. There is nothing else mentioned.
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The duty solicitor will be available to you as the offence can carry a custodial sentence (even though it will not in your case). However, you would be wasting his/her time and yours.
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For a guilty plea, neither.
Absent any other aggravating circumstances you haven't mentioned, at that level you are unlikely to be looking at a custodial sentence so I would save your money for taxis.
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Do I need to have a solicitor or Can I use duty solicitor ?
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Will it impact travel to USA. I have plans to go in 2026 or 2027.
here is the current official line from the US government:
https://www.help.cbp.gov/s/article/Article-1409?language=en_US
Entering the United States with DUI offenses
A single Driving Under the Influence (DUI) conviction is not grounds to deny entry into the United States. However, a criminal offense may be a factor in whether your application is approved by U.S. Citizenship and Immigration Services (USCIS). Multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.
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Mostly they are concerned with crimes involving moral turpitude, not moral turpentine.
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As for the USA, it seems things change there on a daily basis. Best wait and see what happens by the time you want to go.
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Thank you. Understood there is little wriggle room, looks like to plea guilty and take course is sensible now.
How long this primal record stays in my file? Will it impact travel to USA. I have plans to go in 2026 or 2027. My work doesn’t involve driving but not sure if this affects employment
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If you plead guilty you can look forward to a fine of a week’s net income, a surcharge of 40% of that fine and costs of around £95. You will be disqualified for a minimum of 12 months. Your reading (57μg) was near to the top of the band of seriousness (which covers from 36 μg to 59 μg) so you may get a slightly longer ban, up to 16 months.
You will almost certainly be offered a “drink driver’s rehabilitation course”. If you accept the offer, pay for and complete the course, your ban will be reduced by 25%.
As above, bar a major procedural ****-up, there is little wriggle room.
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Read Sentencing Guidelines Here. (https://sentencingcouncil.org.uk/resources/common-offences/drink-driving/)
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I was driving and stopped.
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Unless there is was some kind of procedural **** up, difficult how you would be able to defend a not guilty plea. Were you actual driving and then stopped, as opposed to found in a vehicle in possession of the keys?
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First time offender. Never had any past. I was driving around 30 in 40mph road. Police suspected and asked to do roadside test. Tested positive , so they took me to station to do breath test and reading came to 57. Now given court hearing . I should plead guilty? (I have couple of pints) what’s the best I can get? Or how can I get out?