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39 in a 20 - SJPN. What now?, Threads merged
Lit Up
post Fri, 28 Aug 2020 - 13:58
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Got stopped by police with handheld speed-gun for allegedly speeding during lockdown on 6th May 2020 (39 in a 20 zone - although my entire borough council area is a 20 zone) icon_hang.gif

I thought they had me bang to rights: they took several photos of my car, plus one of me at the wheel, and got me to sign a statement based on what I told them (which was basically no comment throughout but that I understood the allegation put to me). I presume they did all this because they were seeking to prosecute (a verbal warning wouldn't have involved all the photographs and having me sign something).

Anyway, I've not received the NIP, no summons, and I don't qualify for speed awareness course because I did one about a year ago (26 in a 20) wacko.gif Address on my license is up to date. Car insurance renewal quote came through last week with no difference in price. Can I forget about this now and assume they won't prosecute? If so, I wonder why this didn't go anywhere? They kept me about 10 minutes whilst they checked everything out, took the photos, got me to sign the paper and the main cop filling in loads of forms.

This post has been edited by southpaw82: Tue, 6 Oct 2020 - 14:31
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post Fri, 28 Aug 2020 - 13:58
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Jlc
post Fri, 9 Oct 2020 - 11:11
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I'd simply plead guilty and leave it at that - see if you are lucky enough to be awarded points only.

That excess may well require a court hearing to consider a ban.

This post has been edited by Jlc: Fri, 9 Oct 2020 - 11:11


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Logician
post Fri, 9 Oct 2020 - 11:14
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QUOTE (Lit Up @ Fri, 9 Oct 2020 - 11:38) *
Just wondering if anybody else wants to weigh in here on whether or not I have grounds to contest this or what to say. Should I write anything appending to the guilty plea? Can I just say that I was going a steady 35 and not a 39 or would this not make a difference? Is it better to write something rather than nothing on the SJPN?


The officer measured your speed with a very accurate device, why would the court believe he made a mistake and your memory of what speed you were doing as indicated by a far less accurate device should be preferred? In any case it would only make it 5 points rather than 6. It is better to say nothing unless you really have genuine mitigation, it is very easy to say things that are aggravating rather than mitigating, like referring to your mental state, which tends to suggest that you should not have been driving at all.


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martinbiz
post Fri, 9 Oct 2020 - 15:52
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There is nothing you have said that gives you anything remotely useable as a defence, or for use as meaningful mitigation with a guilty plea.

I can't see where any lawyer could either, other than spout the normal apologetic stuff that you could say yourself. I would save the money towards the not inconsiderable fine you are likely to get
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Lit Up
post Sat, 10 Oct 2020 - 06:20
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I wonder why JLC thinks I may get a ban and the other users do not?
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Jlc
post Sat, 10 Oct 2020 - 07:00
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QUOTE (Lit Up @ Sat, 10 Oct 2020 - 07:20) *
I wonder why JLC thinks I may get a ban and the other users do not?

It's a Band B offence, just - sentencing here.

6 points is most likely outcome. However, 5 is possible or more remotely a short ban.

This post has been edited by Jlc: Sat, 10 Oct 2020 - 07:00


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Lit Up
post Sun, 11 Oct 2020 - 06:43
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QUOTE (martinbiz @ Fri, 9 Oct 2020 - 16:52) *
There is nothing you have said that gives you anything remotely useable as a defence, or for use as meaningful mitigation with a guilty plea.

I can't see where any lawyer could either, other than spout the normal apologetic stuff that you could say yourself. I would save the money towards the not inconsiderable fine you are likely to get


What is the "usual apologetic stuff" and how effective is it without any mitigation or explanation?
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IanJohnsonWS14
post Sun, 11 Oct 2020 - 07:53
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If you want to say something you are better limiting it to very sorry, momentary aberration, etc

The last thing you do is tell them you were knowingly doing 35 in a 20.


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Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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NewJudge
post Sun, 11 Oct 2020 - 10:03
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QUOTE (Lit Up @ Sun, 11 Oct 2020 - 07:43) *
What is the "usual apologetic stuff" and how effective is it without any mitigation or explanation?

In all honestly it is very rare for there to be any genuine mitigation to offer for a speeding offence. Mitigation is circumstances which lessens the seriousness of the offence. Drivers sometimes say things such as "The road was clear, the weather was fine and there was nobody about". This is not mitigation and in the minds of many magistrates it indicates that the driver thinks it is perfectly OK to hammer it when he believes the circumstances are suitable. Even expressing remorse will not materially alter the outcome. All drivers are sorry when they face court action but it is usually because they have been caught! The bottom line is that drivers are generally expected to obey the speed limits at all times. Sentencing for speeding is quite prescriptive and sentences outside them are very rare. I would not waste too much time soul-searching for mitigation and apologies as it is unlikely to make a jot of difference.
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Logician
post Sun, 11 Oct 2020 - 12:03
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+1


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