53 in a 30 overtaking, Speeding |
53 in a 30 overtaking, Speeding |
Mon, 2 Dec 2013 - 23:48
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#1
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New Member Group: Members Posts: 3 Joined: 2 Dec 2013 Member No.: 67,137 |
Hi all. I appreciate this sort of question will have been answered many times on this site but I would greatly appreciate some advice.
I was caught by a radar gun at 53 in a 30 while overtaking (in Oxfordshire), and given a NIP at the time. Now, 4 months later I've received my summons. I'm guessing that the fact I was overtaking is no excuse so I intend not to mention it. I also assume I am looking at 6 points or a short ban and a hefty fine. At the moment I can't make my court date- is it a lot better to reschedule the court date somI could attend or would pleading guilty by post be a recommended action- my summons does suggest that an early guilty plea may get me some degree of leniency. Finally, is there anything I can say or do to push for points (my licence is clean) ahead of a ban? Many thanks in advance for any helpful responses! Jamieg1981 |
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Mon, 2 Dec 2013 - 23:48
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Tue, 3 Dec 2013 - 00:02
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#2
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
does the summons pack give you the option of pleading guilty by post ?
-------------------- jobo
anyone but Murray, Wish granted for another year, |
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Tue, 3 Dec 2013 - 00:14
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#3
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New Member Group: Members Posts: 3 Joined: 2 Dec 2013 Member No.: 67,137 |
Yes, I've got the option of guilty by post.
I know percentage-wise 53 in a 30 is high but I was informed at the time that 49 was the max speed to receive 3 points so I'm hoping a ban isn't coming my way. Guilty by post would be my preferred option if there isn't any penalties for doing this. |
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Tue, 3 Dec 2013 - 00:21
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#4
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
Yes, I've got the option of guilty by post. I know percentage-wise 53 in a 30 is high but I was informed at the time that 49 was the max speed to receive 3 points so I'm hoping a ban isn't coming my way. Guilty by post would be my preferred option if there isn't any penalties for doing this. thet ''cant'' ban you if your not there, that leaves them two options, they either carry on and give you points or stop proceedings and require you to attend, when you can make your case for no/short ban feelings are mixed on if its best in avoiding a ban, to front them from the start or go post and do it later personally id send by post and pray a lot nb i think your chances of getting less than 6 points are slight This post has been edited by jobo: Tue, 3 Dec 2013 - 00:24 -------------------- jobo
anyone but Murray, Wish granted for another year, |
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Tue, 3 Dec 2013 - 08:30
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#5
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
Just to expand on jobo's comment re banning. They can ban you in your absense but will move heaven and earth to get you there for the reasons jobo states. A ban is by no means certain at this speed though.
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Tue, 3 Dec 2013 - 09:26
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#6
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
Unless you are a young driver who could get his licence revoked and have to sit another test.
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Tue, 3 Dec 2013 - 12:54
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#7
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Yes, I've got the option of guilty by post. I know percentage-wise 53 in a 30 is high but I was informed at the time that 49 was the max speed to receive 3 points so I'm hoping a ban isn't coming my way. Guilty by post would be my preferred option if there isn't any penalties for doing this. A bit of confusion there, I think: 49 is the maximum speed to receive a fixed penalty of 3 points + £100. In court, 49 would be at the top of the 4 to 6 point or 7 to 28 days disqualification range. 53 is at the lower end of the next range of 7 to 56 days disqualification or 6 points. Personally I would initially plead G by post, on the basis that they may prefer to give you 6 points to have that acting as a reminder to you for the next 3 years rather than a short ban which is quickly over and done with, but if not they will get you to come back for a ban to be considered and you then have a second chance in front of a different bench. -------------------- |
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Tue, 3 Dec 2013 - 17:33
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#8
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New Member Group: Members Posts: 3 Joined: 2 Dec 2013 Member No.: 67,137 |
Sounds like good advice from everyone, thanks. I'll plead guilty by post and hope for 6 points and a fine. Is there anything obvious to write on the guilty plea that helps with leniency?
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Tue, 3 Dec 2013 - 17:39
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#9
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Member Group: Members Posts: 13,506 Joined: 9 Jan 2008 From: manchester Member No.: 16,521 |
Sounds like good advice from everyone, thanks. I'll plead guilty by post and hope for 6 points and a fine. Is there anything obvious to write on the guilty plea that helps with leniency? very very sorry, moment of madness learn t lesson, wont do it again, padd it out abit though, but not that much they lose interest half way through -------------------- jobo
anyone but Murray, Wish granted for another year, |
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Tue, 3 Dec 2013 - 17:57
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#10
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
Sounds like good advice from everyone, thanks. I'll plead guilty by post and hope for 6 points and a fine. Is there anything obvious to write on the guilty plea that helps with leniency? very very sorry, moment of madness learn t lesson, wont do it again, padd it out abit though, but not that much they lose interest half way through Suited and booted makes a big difference. Most defendants look like scrotes so you will stand out and they will probably take more notice of what you say. Human nature. |
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Tue, 3 Dec 2013 - 18:03
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#11
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Sounds like good advice from everyone, thanks. I'll plead guilty by post and hope for 6 points and a fine. Is there anything obvious to write on the guilty plea that helps with leniency? very very sorry, moment of madness learn t lesson, wont do it again, padd it out abit though, but not that much they lose interest half way through Suited and booted makes a big difference. Most defendants look like scrotes so you will stand out and they will probably take more notice of what you say. Human nature. Written plea by post Dix. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 3 Dec 2013 - 18:07
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#12
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Member Group: Members Posts: 9,529 Joined: 5 May 2011 From: UK Member No.: 46,399 |
Doh
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