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Received Citation from Scottish Court (Dumfries) for speeding, Please Advice, Need Advice as I am not sure how to preceed, first offence
Thecyl
post Sat, 3 Nov 2007 - 11:32
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Hello everyone,

I would really appreciate your help, my fiancee and I were enjoying a holiday in schotland. Afterwards received a NIP for speeding on the A74 Southbound doing 93 MPH instead of 70MPH. She already filled in the NIP and sent it back (signed) and now received a Citation to attend the court in Dumfries.

I also have to add that she is a resident in the UK for 8 years now, however she got a german driving licence.

I would realky appreciate your advice on a) how to proceed and react now, the form asks her to plead guilty, not guilty or having a solicitor attending the court.

Also what she would have to expect in such a situation, how much could the fine be? and as it is a foreign licence what could happen?

Thank you guys so much for your help

This post has been edited by Thecyl: Sat, 3 Nov 2007 - 11:43
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post Sat, 3 Nov 2007 - 11:32
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jeffreyarcher
post Sun, 4 Nov 2007 - 02:05
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QUOTE (Thecyl @ Sat, 3 Nov 2007 - 11:32) *
my fiancee and I were enjoying a holiday in schotland. Afterwards received a NIP for speeding on the A74 Southbound doing 93 MPH instead of 70MPH. She already filled in the NIP and sent it back (signed)

Was she sent a COFP (Conditional Offer of a Fixed Panalty)? I know that she couldn't accept it (if sent), because she has a German licence, but was she sent one?

QUOTE (Thecyl @ Sat, 3 Nov 2007 - 11:32) *
and now received a Citation to attend the court in Dumfries.

Is it the Sherriff Court or the Distrct Court?

QUOTE (Thecyl @ Sat, 3 Nov 2007 - 11:32) *
I would realky appreciate your advice on a) how to proceed and react now, the form asks her to plead guilty, not guilty or having a solicitor attending the court.

Unless it specifically instructs her to attend, there is no need to do so. This first hearing would normally be the pleading diet, and if a 'Not Guilty' is entered, an intermediate diet would then be scheduled.
In the event of a 'Guilty' being entered, it would be dealt with there and then, unless they were considering banning her, in which case she would then be required to attend.
The District Court can't ban her for a 'one-off', only the Sherriff Court can do that.

QUOTE (Thecyl @ Sat, 3 Nov 2007 - 11:32) *
Also what she would have to expect in such a situation, how much could the fine be? and as it is a foreign licence what could happen?

Dumfries & Galloway are more likley to ban you than anywhere else in the U.K., but even so, I doubt that she would get a ban for 93. Probably ~£200 fine and 4 - 5 points. The DVLA will put the points on a 'shadow' licence that they will create for her.

Assuming that she doesn't want to contest the allegation, she just pleads 'guilty'.
If, however, she was offered a COFP, but didn't accept it because she had a foreign licence, she should send a letter off with the form explaining this, and request that accordingly they consider only sentencing her to £60 + 3 points.
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Faraway
post Sun, 4 Nov 2007 - 12:12
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just as a matter of interest which junction was it on the M74?
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Thecyl
post Thu, 15 Nov 2007 - 13:39
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let me try to reply to all your answers, first thanks a lot for taking the time here, we realy appreciate it.

Was she sent a COFP: NO
the Citation is on behalf of the district court

and for you Faraway which junction of the M74 was it? :

A74(M) southbound carriageway near the North Overbridge, unction 19, Ecclefechan
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jeffreyarcher
post Fri, 16 Nov 2007 - 02:25
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QUOTE (Thecyl @ Thu, 15 Nov 2007 - 13:39) *
Was she sent a COFP: NO
the Citation is on behalf of the district court

O.K., the District Court can't ban her unless she already has 6 points on a 'shadow' licence.
So, she may as well just plead 'Guilty' reasonably quickly.
That should get a 33% discount on the fine (not on the 'shadow' points).
There isn't any point in her going to court to grovel, it won't make any difference. As to employing a solicitor to grovel, even if it does make any difference (unlikely), he won't save her anything like what he would charge her.
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