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Advice on upcoming Court case
Sweetpotato123
post Wed, 14 Nov 2018 - 15:43
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Hi everyone,


This is my first post on here so I apologise if I miss things out. Long story short my boyfriend has an upcoming court date for speeding back in October 2017 (50 in a 30 I think). However he has a background of totting up points, speeding, he previously went to court back in February this year for speeding and received a months ban and a hefty fine.

The difference between the previous court case and the new one is that we now live together and rent a place. My worry is that if he receives a hefty fine it will affect his already sky high debt and possibly mean he cannot pay the rent. Although I have good, professional job, I won’t be able to afford the rent on my own and we may lose our place. Is there anything he can do or say in court or will this not count as exceptional hardship?

Many thanks x
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post Wed, 14 Nov 2018 - 15:43
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Logician
post Wed, 14 Nov 2018 - 16:03
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If he has exceptionally high outgoings in servicing his sky high debt he can put that in the means form, MC100, and explain. However it is quite unusual for an offender's outgoings to be so high that the level of fine is affected.
Probably more to the point, he can ask for time to pay, and pay it off on a monthly basis. This is negotiated with court staff in due course.
No doubt you will be giving him a hard time over this!


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The Rookie
post Wed, 14 Nov 2018 - 16:12
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50 in a 30 would normally be resolved by a fixed penalty (£100) so you need to confirm the alleged speed. For 50+ the fine will usually be around a week and a halfs wage (after tax and NI) plus £85 costs and a 10% surcharge (min £30)

How many points does he currently have? For anything over 50 6 points is likely and if he already has 6+ he'll be looking at a 6 month totting ban

Not being able to pay rent isn't really going to be seen as the best mitigation.


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Logician
post Wed, 14 Nov 2018 - 16:23
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QUOTE (The Rookie @ Wed, 14 Nov 2018 - 16:12) *
For 50+ the fine will usually be around a week and a halfs wage (after tax and NI)


Less 33% for a guilty plea.

50mph in a 30 limit is a point where there is a big difference in outcome for just a small change in speed, 49 should be a fixed penalty of £100 + 3 points, 50 usually goes to court and the guideline is 6 points or a ban and fine as above. As a persistent speeder who has already been disqualified but continued his very poor driving your BF is not going to get much sympathy if he goes to court, and a longer disqualification is quite likely.




Corrected





This post has been edited by Logician: Wed, 14 Nov 2018 - 16:32


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squaredeal
post Wed, 14 Nov 2018 - 16:26
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QUOTE (The Rookie @ Wed, 14 Nov 2018 - 17:12) *
50 in a 30 would normally be resolved by a fixed penalty (£100) so you need to confirm the alleged speed.

No, 49 = fixed penalty. For most forces 50 is the trigger point for court. There are half a dozen forces whose trigger point is slightly higher - up to 55.
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Sweetpotato123
post Wed, 14 Nov 2018 - 16:40
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Thank you for your replies.

It has caused problems with us, ultimately he’s old enough to know better and he believed he was above the rules and now it’s caught up with him. I just want to be prepared for the worst case scenario and what to expect.

I’ll try and explain this as best I can. So basically he got caught in August 2017 which took him to 12 points and a months ban (which was the court case this February). After that ban I think his points were 0. But being caught in October 2017 they’ve now decided to charge him as a totter. Like you say he’s a habitual speeder so I doubt too he’ll get much sympathy which he does deserve. I just want to protect myself and be prepared for the fallback unsure.gif I appreciate rent is enough but I just wondered if it affected an innocent party then it could be taken into consideration

Thanks again x

*doesn’t deserve sympathy rather x
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The Rookie
post Wed, 14 Nov 2018 - 16:44
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He's going to be stuffed I think.

Yes he was a totter, and while he can use an exceptional hardship plea to try and reduce this one, he can't use ANY of the same arguments he used last time. he made a mistake back in February when he should have sought to try and get both offences heard as at a single hearing so he could use the EH plea on both as he hit 15+ points.


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