Author Topic: Speeding charge for 6 penalty points, what to do?  (Read 510 times)

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Sajol

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Speeding charge for 6 penalty points, what to do?
« on: February 24, 2024, 08:45:23 pm »
Hello everyone,

I live in  Glasgow and got my full license just 6 months back. I was speeding on a motorway 3 months back (supposedly 76 in a 50) and police stopped me. They charged me with 3 points for the speeding,  they also found a small tear (which i Didn't know was big enough)  on the side of the tyre and charged with 3 more penalty points. So that is 6 penalty points, as I am under 2 years, i would lose my license, i Didn't agree with the charge, so they sent me to the court.  They also told me if I go to courst, the judge may give me a smaller point deduction.  Now i got the letter today saying of the charge and return it or attend court. What to do? Should i plea guilty? In that case would the judge see that I get lesser points deduction?  Or should I plea not guitly or find a solicitor? I think it was unfair given I got my tyre checked 2 weeks before the incident in a mechanic shop and they said it was fine,though i Don't have anything written.

Thanks in advance.

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NewJudge

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #1 on: February 24, 2024, 10:49:41 pm »
When two or more offences are committed on the same occasion, points are only imposed for the most serious.

Since this has now gone to court you will be sentenced in accordance with the normal sentencing guidelines. 76mph in a 50 limit will see you almost certainly with six points.

Which of the two charges did you not agree with that saw this matter end up in court? Do you believe you were travelling at a slower speed than 76mph?

Sajol

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #2 on: February 24, 2024, 11:04:32 pm »
I agreed that I had oversped, not that I knew my tyre was faulty. I asked it to go to court to reconsider as 6 points would take my license away, so for a plea if they can reconsider about that.

guest46

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #3 on: February 25, 2024, 08:39:53 am »
It's possible - but very unlikely  - that a sheriff will give you less points, particularly given your inexperience. So 6 points and a sizeable fine for the speeding is most likely, plus costs and the 'victim surcharge'. Afterwards DVLA will revoke your licence (if 6 points) and you'll need to resit your test.

666

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #4 on: February 25, 2024, 09:40:59 am »
AIUI the Scottish courts allow a 33% discount for a guilty plea on both fine AND points. If true that would give the OP four.

sparxy

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #5 on: February 25, 2024, 03:06:24 pm »
AIUI the Scottish courts allow a 33% discount for a guilty plea on both fine AND points. If true that would give the OP four.

Wait, so if you speed, get caught at a speed that 3 points applies for, take it to court, plead guilty, pay the extra fine, you could end up with 2?  ::)

666

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #6 on: February 25, 2024, 03:40:51 pm »
AIUI the Scottish courts allow a 33% discount for a guilty plea on both fine AND points. If true that would give the OP four.

Wait, so if you speed, get caught at a speed that 3 points applies for, take it to court, plead guilty, pay the extra fine, you could end up with 2?  ::)
No, three is the absolute minimum allowed in law.

guest46

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #7 on: February 25, 2024, 04:01:20 pm »
AIUI the Scottish courts allow a 33% discount for a guilty plea on both fine AND points. If true that would give the OP four.

The opening post suggests it's already gone to court so no guilty plea?

NewJudge

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #8 on: February 25, 2024, 04:13:01 pm »
The opening post suggests it's already gone to court so no guilty plea?
I imagine a plea has not yet been entered.

guest46

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #9 on: February 25, 2024, 05:00:41 pm »
The opening post suggests it's already gone to court so no guilty plea?
I imagine a plea has not yet been entered.

Maybe, maybe not? I read '... i Didn't agree with the charge, so they sent me to the court.  ' as disputing the charge and therefore pleading NG?

Daim456

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #10 on: February 25, 2024, 08:07:56 pm »
I wonder if Conditional Offer of Fixed Penalty 100 and the 3 penalty points is accepted for exceeding the speed limit.

You could write to Procurator Fiscal saying that the 2 charges should not occured as they happened at the same time.

Defective tyre carries 100 penalty and 3 penalty points. The police may have offer the same conditional offer of 100 penalty and 3 penalty points for speeding however it is just above the COFP threshold.

Also you could go to a MoT garage and ask the mechanic for a report of the condition of tyres.

NewJudge

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #11 on: February 25, 2024, 08:15:42 pm »
You could write to Procurator Fiscal saying that the 2 charges should not occured as they happened at the same time.
That's not how it works.

In these circumstances both charges would be prosecuted and, if convicted on both counts, two convictions would be recorded, two endorsements placed on the driver's record, but only one lot of penalty points imposed.

The Rookie

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Re: Speeding charge for 6 penalty points, what to do?
« Reply #12 on: February 26, 2024, 08:42:22 am »
I agreed that I had oversped, not that I knew my tyre was faulty.
What you agree with is irrelevant, that you didn't know about it is also irrelevant, if the tyre was defective the offence was committed.
Otherwise we could all drive around on bald tyres and just say we never looked at them and never be convicted.

Do you have photos of the defect, did you keep the tyre or get it inspected?
There are motorists who have been scammed and those who are yet to be scammed!