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First time court attendance.
3lward
post Wed, 7 Mar 2018 - 22:51
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Evening.

Had a NIP through today for doing 63 in a 30 it was at 7.50am on a 2 mile 2 laned straight on an industrial estate. I have no excuse for what I have done and I know I am going to get summoned to court.

I'm a bit apprehensive on what punishment to expect and what to say in court as I have never been in this position before. I've held a clean licence for almost 6 years now and I have no other criminal convictions, I also work in the motor trade as a parts specialist so my licence is quite important to my job role plus the fact I have just found out my wife is expecting which is another reason to want to keep my licence! Im obviously going to plead guilty to the charge and hope for the best but if anybody could advise one extremely anxious 26 year old I would be grateful. Thanks!
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post Wed, 7 Mar 2018 - 22:51
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notmeatloaf
post Mon, 12 Mar 2018 - 21:24
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Seeing as I wasn't encouraging him, your post somewhat irrelevant. The OP seems unable to decide what would be the best outcome. It is an important decision to make especially with a heavily pregnant father and a job that requires a licence.

The OP is not the first to feel remorseful, but they need to try and focus that on not getting any more tickets, and get the best outcome for this offence as well.


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My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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peterguk
post Mon, 12 Mar 2018 - 21:32
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QUOTE (notmeatloaf @ Mon, 12 Mar 2018 - 21:24) *
heavily pregnant father


ohmy.gif


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notmeatloaf
post Mon, 12 Mar 2018 - 22:07
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QUOTE (peterguk @ Mon, 12 Mar 2018 - 21:32) *
QUOTE (notmeatloaf @ Mon, 12 Mar 2018 - 21:24) *
heavily pregnant father


ohmy.gif

It makes a driving ban look easy in comparison happy.gif


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My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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3lward
post Tue, 13 Mar 2018 - 13:24
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Points and fine would be the best outcome but I'm not banking on that. I will try and suggest that the points will be more of a punishment for me than a ban due to running the risk of totting up in the future. I've gathered all the advice I need so the admin can lock the thread if you wish.
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squaredeal
post Tue, 13 Mar 2018 - 16:23
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QUOTE (3lward @ Tue, 13 Mar 2018 - 13:24) *
Points and fine would be the best outcome but I'm not banking on that. I will try and suggest that the points will be more of a punishment for me than a ban due to running the risk of totting up in the future. I've gathered all the advice I need so the admin can lock the thread if you wish.

Best not to lock a thread before you've had chance to update with your court result; this will help future members who may find themselves in a similar situation. Good luck in court.
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3lward
post Fri, 20 Apr 2018 - 18:53
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Well a bit of an update.... I have received nothing back after sending off the NIP, it does state to ring them after 28 days of no reply but I've just left it. NIP was signed for on the 9/3 and today's date is 20/4. At what point does it become time barred?
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The Rookie
post Fri, 20 Apr 2018 - 19:14
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Proceedings have to be started within 6 months of the alleged offence, it may take a few weeks then for you to be made aware of the proceedings.

And they usually use that full 6 months.

This post has been edited by The Rookie: Fri, 20 Apr 2018 - 19:16


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3lward
post Fri, 20 Apr 2018 - 19:20
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QUOTE (The Rookie @ Fri, 20 Apr 2018 - 19:14) *
Proceedings have to be started within 6 months of the alleged offence, it may take a few weeks then for you to be made aware of the proceedings.

And they usually use that full 6 months.


I thought that. Bloody waiting game now.
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3lward
post Sat, 30 Jun 2018 - 23:30
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Well still nothing through. Possibly a slight change in circumstances
I may be on the verge of taking on a new job that will involve a much longer daily commute and a company van that will require me to be on emergency call out 2 weeks of the month. I have mentioned before that I will have a new born baby around the time of a possible ban so it could have catastrophic consequences with my wife also being off on maternity. Would I have a case for "Exceptional Hardship"?
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peterguk
post Sun, 1 Jul 2018 - 00:18
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QUOTE (3lward @ Fri, 20 Apr 2018 - 19:53) *
At what point does it become time barred?


They have 6 months from date of offence to commence proceedings. You may not hear for a couple of weeks after the 6 months are up.

This post has been edited by peterguk: Sun, 1 Jul 2018 - 00:19


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NewJudge
post Sun, 1 Jul 2018 - 11:35
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QUOTE (3lward @ Sun, 1 Jul 2018 - 00:30) *
Would I have a case for "Exceptional Hardship"?


No. (See my post no. 26).

Do your prospective employers know of your potential problems? If you don't tell them and you are disqualified they have a case for dismissing you pronto. If you tell them now they may not give you the job but if they do they would have done so fully aware of your circumstances. If you tell them now at least you will know where you stand.

This post has been edited by NewJudge: Sun, 1 Jul 2018 - 11:36
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notmeatloaf
post Sun, 1 Jul 2018 - 13:15
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As NewJudge says no exceptional hardship for one off offences, only totting bans. However, working in the motor trade you may have a strong potential persuasion towards points,

"I rely on my licence for work and this incident has made me realise, quite apart from the serious and unnecessary danger I put others and myself at that day, I also jeopardised a licence that is crucial to provide for my family. I understand I will be receiving a large number of points. Rest assured they will act as a constant reminder to moderate my speed every time I drive over the coming years. I never want to be in this position, using valuable court time, again."

Fall on your sword, lay it on nice and thick.

This post has been edited by notmeatloaf: Sun, 1 Jul 2018 - 13:17


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My username is notmeatloaf because I'm not made of meat loaf. I hope that clarifies things.
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3lward
post Sun, 1 Jul 2018 - 18:27
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Great thanks for that notmeafloaf.
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3lward
post Wed, 18 Jul 2018 - 18:46
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I have received my SJPN through today. Most of it is self explanatory but I have a few questions to ask :-

1) there is a options table stating, Guilty I do NOT want come to court, guilty I DO want to come to court and not guilty send me notice of my trial. I am pleading guilty but obviously would like this dealt with through the SJPN but I do not want to surrender presenting myself in court if the SJPN doesn't resolve my issue.

2) I am currently in the process of starting a new job, do I put my current occupation and salary down or my new one?

3) it asks for number of dependents, like I've stated previously my wife is currently pregnant and the baby is due in October so shall I put 0 or 1?

4) it also states I can enter my plea online, would this hinder me in anyway?

Sorry to ask what seems obvious questions but I want to fill my SJPN correctly to give me the best possible outcome.

Thanks
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NewJudge
post Wed, 18 Jul 2018 - 18:58
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QUOTE (3lward @ Wed, 18 Jul 2018 - 19:46) *
1) I am pleading guilty but obviously would like this dealt with through the SJPN but I do not want to surrender presenting myself in court if the SJPN doesn't resolve my issue.

To be sure of presenting your case in court you must decline the SJP and opt for a normal court hearing. The SJ may adjourn the matter and give you an opportunity to attend by you cannot rely on that.

Quite honestly, the answers you give to the other questions will not have a significant influence on the outcome.

Entering your plea online will not hinder you at all (but bear in mind the above about attending in person).


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3lward
post Thu, 19 Jul 2018 - 10:46
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But they cannot ban me from a SJPN? So it I state that I do not want to go to court and the SJPN does not resolve my case then it will go to court anyway?
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southpaw82
post Thu, 19 Jul 2018 - 10:54
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QUOTE (3lward @ Thu, 19 Jul 2018 - 11:46) *
But they cannot ban me from a SJPN? So it I state that I do not want to go to court and the SJPN does not resolve my case then it will go to court anyway?

They can but I understand the normal practice is not adjourn to a full court hearing where you are present. Otherwise, you risk inadvertently driving while disqualified.


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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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NewJudge
post Thu, 19 Jul 2018 - 11:16
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Yes, it depends where your matter is being dealt with. In some areas SJs impose disqualifications, in others they adjourn to a full court hearing. The only way you can be certain of being able to present your case to the court is to ask for a full court hearing.
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3lward
post Wed, 1 Aug 2018 - 19:50
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I am currently filling in my SJPN online and it is asking my salary. Would this be my basic salary or including overtime as I work quite a lot of overtime per week. Thanks
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cp8759
post Wed, 1 Aug 2018 - 21:17
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QUOTE (3lward @ Wed, 1 Aug 2018 - 20:50) *
I am currently filling in my SJPN online and it is asking my salary. Would this be my basic salary or including overtime as I work quite a lot of overtime per week. Thanks

As I understand it normal practice is to work out the average over the past 12 weeks and put that down as the weekly income.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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