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Caught Speeding - What to include in plea
Bluestar4
post Sun, 19 May 2019 - 20:46
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Back in December I got flashed by a speed camera. I received and returned the NIP on time and have just received the SJP notice. The speed I was caught doing was 60 in a 30. The reason I was doing that speed was because it was a 3 lane dual carriageway and I assumed that it was NSL. There was no speed limit signs but there was street lighting but stupidly it didn't occur to me at the time that this meant 30mph speed limit.

I realise this is not an excuse in the view of the courts but I was wondering if I should include this in my statement. My thoughts regarding this is that there could be a degree of leniency compared to the court assuming I intentionally exceeded the speed limit. The speed camera is well signposted and clearly visible from a good distance which supports my statement as I would not continue to drive past the camera at the speed I was doing if I'd thought I was doing double the speed limit.

Other factors were it was 7.30am in the morning with no traffic or pedestrians in the area as it was Xmas. The road was dry and visibility was good.

I am within 2 years of passing so revocation is pretty much inevitable. I realise being a band C I'm not going to be able reduce the penalty so I'm just looking for damage limitation at this point. I'm having visions of it going to court them taking one look at me and assuming I'm a danger to society and was driving like an idiot for the sake of it and then throw the book at me. I would like to add that my driving has vastly improved since the incident and I am certainly never going to make that mistake again!

Thanks in advance,

Blue

This post has been edited by Bluestar4: Sun, 19 May 2019 - 20:46
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post Sun, 19 May 2019 - 20:46
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The Rookie
post Sun, 19 May 2019 - 21:00
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No, I would not include the fact you didn’t know the Highway Code in your statement!

Not really much you can say except a moment of stupidity, feeling foolish, learnt a lesson.


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NewJudge
post Sun, 19 May 2019 - 21:07
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QUOTE (Bluestar4 @ Sun, 19 May 2019 - 21:46) *
I'm having visions of it going to court them taking one look at me and assuming I'm a danger to society and was driving like an idiot for the sake of it and then throw the book at me.

They won't do that. But they will sentence you in accordance with their sentencing guidelines. The circumstances you mention (i.e. your lack of knowledge regarding restricted roads and their speed limits) will not cut much ice. This is particularly so since you have recently passed your test and so should be well acquainted with such matters.

You have one slim hope of avoiding revocation (which will probably not be successful). The guideline penalty for that speed/limit is either a ban of up to 56 days or six points. You could ask the court to impose a disqualification instead of points. This request is unlikely to be met as magistrates have guidance which suggest that where they have such a choice and points would lead to revocation (or a ban under the "totting up" procedure) then points should be imposed. But it's worth a try.

You should note that when your matter is heard under the SJ procedure you cannot attend the hearing. If you were facing a ban the matter would be transferred to the ordinary court to give you the opportunity to attend and explain what effect a ban would have on you. This is not the case for a driver facing revocation as that is an administrative process undertaken by the DVLA, not the court. If you want to make your request in person you must decline having the matter heard by a Single Justice and opt for a full court hearing.
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Bluestar4
post Sun, 19 May 2019 - 21:21
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OK thanks for the replies. I was aware of the disqualification as a possibility but I've heard that in my circumstances the points are almost certainly going to be the outcome. I can accept the 6 points and the fine and have prepared myself for the fact that I'll more than likely be retaking my tests. My main concern on researching the potential penalties was that a lot of websites mention that doing well above the speed limit can push the penalty beyond the 6 points / 56 day+ ban. I will be pleading guilty online and hopefully it will just be a case of then receiving the points and fine without attending but I've heard in cases of excessive speed this will likely go to court regardless of the online plea.
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NewJudge
post Sun, 19 May 2019 - 21:27
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QUOTE (Bluestar4 @ Sun, 19 May 2019 - 22:21) *
My main concern on researching the potential penalties was that a lot of websites mention that doing well above the speed limit can push the penalty beyond the 6 points / 56 day+ ban.


That's quite true (although no more than six points can be imposed for speeding). However, where revocation or a six month "totting up" ban will result from points then the guidance says that points should be the normal penalty.
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Jlc
post Mon, 20 May 2019 - 11:18
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QUOTE (Bluestar4 @ Sun, 19 May 2019 - 22:21) *
My main concern on researching the potential penalties was that a lot of websites mention that doing well above the speed limit can...

The sentencing bands at that limit are 31-40, 41-50 and 51+

There doesn't appear to be any aggravating factors.

So 60 isn't actually that high in band C so won't be considered particularly heinous. It will almost certainly be 6 points and revocation. (Plus a fine around 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine [min £30])

This post has been edited by Jlc: Mon, 20 May 2019 - 11:18


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