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Court Summons Guilty Plea Advise
Rvkrn
post Sat, 1 Dec 2018 - 14:46
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I received a summons today dated 26th November to attend on 28th December. I received a NIP last month and as i was aware i was speeding i sent the NIP with my details signed and i received this summons today. It gave me 3 options
1) Attend Court personally
2) Arrange for your lawyer to attend
3) Write to Procurator Fiscal STIRLING using the reply form and envelope (reply form and means statement)

Attaching the letters with this post

The problem for me is i'm leaving on a Holiday on 12th December and coming back on 18th January. What should i do in this situation? Should i plead guilty by post and hope they respond by 12th December? If i'm asked to attend in person then i wont be able to?

I have 0 points on my license and clean history, but this is a silly mistake i did before a major thing in my life. The road was 60mph single carriageway and 30 going into small village and i missed the 30 sign. Although the summons say 51, i never though i was above 45 but due to my current situation i dont want to challenge or delay it especially when i'm not here. What do you guys suggest?
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post Sat, 1 Dec 2018 - 14:46
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The Rookie
post Sat, 1 Dec 2018 - 15:53
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If you’re pleading guilty just write in with your letter of mitigation/plea and get the result when you come back. If they require you to attend (very unlikely) that will be decided on the 28th and a new date set.

Or are you pleading not guilty?


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Rvkrn
post Sat, 1 Dec 2018 - 16:02
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I was thinking about seeking legal advise as having unspent convictions could lead to problems with my current stay in UK. I'm due to apply for a Indefinite leave to remain after having a clean history for more than 9 years. So unsure about what to do, if i plead guilty and accept charge i will be sentenced and i will have unspent convictions on me, what would you suggest?
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Logician
post Sat, 1 Dec 2018 - 16:10
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Realistically you have no effective defence, just saying you never thought you were above 45 is not going to get you anywhere at all, so you might as well get the benefit of the discount for pleading guilty, and as it is more convenient as well, no contest. I doubt whether a minor motoring offence is going to influence your immigration status.


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Rvkrn
post Sun, 9 Dec 2018 - 19:59
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Hi Everyone, I'm a newbie and I've been caught doing 51 on a 30 road in Scotland, and i received court summons for this after sending a NIP as i'm the named driver. I'm going to plead guilty and thinking about writing a mitigation statement, however i have some issues that i need to address. I'm a immigrant and i'm at the stage where i can apply for an indefinite leave to remain, but having a criminal conviction would mean automatic refusal, is there any way i could get fine and points but not a conviction? Also the court date is 28th December and i'm leaving country on 12th December and returning on 18th January, so if i get the fine and points, there is a chance i might miss the deadline to pay it because i wont have access to post, so i'm requesting extension of 30 days to pay the fine. Please let me know if i can draft the letter any better, or suggestions on how to draft it professionally

Thanks in Advance

Dear Sirs


In order to reduce the courts time I plead guilty to my speeding offence and accept full responsibility for my actions on that day.
Travelling over speed-limit is inexcusable, and I will accept any punishment that the court wishes to impose on me. However, I would like you to consider the following circumstances before passing the judgement.
I accept that this was a grave error of judgment and a lapse in concentration. I would like you to consider my driving record to date of over 5 years with no incidents in this time and my current clean driving license as confirmation of my usually high standard of driving with care and consideration to other road users and pedestrians alike. I regret my action on that day and I know only too well the dangers of driving above the limits and know I have now tarnished my driving record.
I moved into UK in 2010 to study in search of better future and opportunities and have been a very good immigrant in this country. I built a clean immigration history and I’m at the stage when I am eligible to apply for Indefinite leave to remain in the country, however due to my couple of minutes of lapse in concentration and having a conviction would mean automatic refusal and would leave me with no other option than leaving UK where I and my partner have considered home.
I also request you to extend the time that I’m required to pay the fine by an extra 30 days because I will be leaving the country on 12th December 2018 returning back on 18th January 2019, and I won’t be able to access the post and worried that I might miss the deadline to pay the fine

I have enclosed my driving licence and means form and would ask if this could also be considered when setting the fine and length of time I have to pay.


Yours
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peterguk
post Sun, 9 Dec 2018 - 21:17
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QUOTE (Rvkrn @ Sun, 9 Dec 2018 - 19:59) *
is there any way i could get fine and points but not a conviction?


You can't be fined and given points for an offence you have not been convicted of.

So , no. First you are convicted, then punished.

Why start another thread for a case you've already posted?

Original thread here:

http://forums.pepipoo.com/index.php?showtopic=124488&hl=

A mod will merge.

This post has been edited by peterguk: Sun, 9 Dec 2018 - 21:28


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notmeatloaf
post Sun, 9 Dec 2018 - 21:49
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The good news is that there are two types of convictions in the UK, recordable (meaning it will show on a criminal records check) and non recordable.

Speeding is a non recordable offence so does not come into consideration for the good character requirement when applying for indefinite leave to remain.

The other element is that the court will likely be considering banning you so on the day they will simply require you to attend when you return from holiday.

When you attend you can either pay the fine immediately or ask for a ayment plan from the court.
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Rvkrn
post Mon, 10 Dec 2018 - 14:33
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QUOTE (notmeatloaf @ Sun, 9 Dec 2018 - 21:49) *
The good news is that there are two types of convictions in the UK, recordable (meaning it will show on a criminal records check) and non recordable.

Speeding is a non recordable offence so does not come into consideration for the good character requirement when applying for indefinite leave to remain.

The other element is that the court will likely be considering banning you so on the day they will simply require you to attend when you return from holiday.

When you attend you can either pay the fine immediately or ask for a ayment plan from the court.



Court will likely ban me?? I thought they will give me reduced fine and points because i'm pleading guilty at a very early stage?
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The Rookie
post Mon, 10 Dec 2018 - 14:49
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You will get a reduced fine (by 1/3 if a guilty plea is entered at the first hearing), points are also discounted in Scotland (only).

A ban is very unlikley.

This post has been edited by The Rookie: Mon, 10 Dec 2018 - 14:50


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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