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Speeding on motorbike, Single Justice Procedure Notice, Few related questions
Heinrich
post Sun, 21 Jul 2019 - 20:06
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I got caught speeding when on my motorbike doing 96MHP on dual carriageway and now received Single Justice Procedure Notice. Very upset with myself to be honest, as I have clean licence for 7 years and there was no need to go that fast there, but it was early Sunday morning and road was just empty, so I didn't had any reference for few moments and didn't realized I was going that fast. Very expensive lesson... I don't think I have any other reasonable options apart from pleading guilty under 'Single Justice Procedure' which is I'm planning to do on-line? Few questions I have at the moment:

1. Mitigation section - I know I might sound naive, but I really would like to write something there. My main point, and I would like to hear what people will say, is that I was on motorbike and road was empty (so the only danger at that time I was to my own self) - even the same I can see in the police statement: 'there was no other vehicle on this section of road at this time'. I know, its not an excuse, but maybe this can be treated as some sort of mitigation? Or should I say, road was empty (as stated in the police statement) and since there was no other moving traffic that I am used to, I didn't had any reference point for a moment, and found myself going over the limit?

2. Where do I send my licence if I to fill this on-line, or would it say there when I will start on-line?

3. Do I need to supply any documentary evidences for the information I will provide within 'Statement of Means'? (pay slips, credit cards statements, etc.)

4. Can I drive once I submit this form and send away my licence?

5. Assuming I will get points, when do I notify my insurance companies, is it right away or on renewal date?
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post Sun, 21 Jul 2019 - 20:06
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Logician
post Sun, 21 Jul 2019 - 20:41
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1. The danger is that you may sound as though you think it is OK to speed under those conditions, so phrase it very carefully.

2. There will be instructions somewhere about sending in your licence.

3. No

4. Yes

5. Look in your policy conditions, but usually on renewal

Up to 95 you would probably have got a fixed penalty of £100 + 3 points, probably you will get 5 + fine of a week's net income, 10% surcharge (min £30), and £85 costs. The interaction of fixed penalties and court fines mean the progression of penalties is far from smooth, particularly at this point.


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NewJudge
post Sun, 21 Jul 2019 - 21:28
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Quite honestly speeding penalties are very prescriptive and it takes some very strong mitigation to persuade the court to depart from the guidelines. The remarks you intend to put forward will simply give the impression that you believe it is OK to tank it so long as there is nobody else around. I would leave it out. Simply say "momentary lapse of concentration" "out of character (as evidenced by my clean licence" - that sort of thing. Do not give the court any excuse to think you gun it whenever the road is clear.

Although the guidelines suggest a short ban may be considered, the likely penalty for the offence is five points and a fine of 33% of your net weekly income. You will also pay a surcharge of 10% of the fine (Minimum £30) and prosecution costs of £85.

This post has been edited by NewJudge: Sun, 21 Jul 2019 - 21:30
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666
post Sun, 21 Jul 2019 - 21:35
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Don't say "since there was no other moving traffic that I am used to, I didn't had any reference point for a moment". That sounds like incompetence: you had a speedometer.
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andy_foster
post Sun, 21 Jul 2019 - 21:35
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4. You can drive unless and until a court bans you from driving (assuming that you had held a full licence for more than 2 years). Absent any aggravating factors, you would be particularly unlikely to be banned for this offence. If the Single Justice did decide that a court ought to consider banning you, a court hearing would be scheduled and you would be required to attend (or send a lawyer).


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Heinrich
post Mon, 22 Jul 2019 - 07:26
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Thank you for all the comments, I understand and will try to phrase my 'mitigation' very carefully.
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Heinrich
post Mon, 22 Jul 2019 - 14:17
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Started to fill forms on-line, and I can see that within the charge section there's no indication that I was on motorbike, it stated 'motor vehicle'. Question, should I carefully mention this within mitigation section like:

'Momentary lapse of concentration while on motorcycle which was out of character for me, as evidenced by my clean licence.' In reality this was exactly the case - I honestly didn't realized I was going that fast, and it all happened literally in a moment, because it was a motorbike...

Or, keep it simple: 'Momentary lapse of concentration which was out of character for me, as evidenced by my clean licence'?

Again, I am not saying this is a justification for my speeding, I accept this is wrong. Just thinking that motorbike in theory poses less danger to other people...

Apparently, doing the forms on-line and adding driving licence number, you don't need to send it.

This post has been edited by Heinrich: Mon, 22 Jul 2019 - 14:20
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southpaw82
post Mon, 22 Jul 2019 - 14:57
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You seem to be engaging in self-justification rather than mitigation. I’d be tempted not to say anything. The court will have your driving record in front of it so if all you’re really saying is “I have a clean licence” they will know that already.


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666
post Mon, 22 Jul 2019 - 14:59
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QUOTE (Heinrich @ Mon, 22 Jul 2019 - 15:17) *
Started to fill forms on-line, and I can see that within the charge section there's no indication that I was on motorbike, it stated 'motor vehicle'. Question, should I carefully mention this within mitigation section like:

'Momentary lapse of concentration while on motorcycle which was out of character for me, as evidenced by my clean licence.' In reality this was exactly the case - I honestly didn't realized I was going that fast, and it all happened literally in a moment, because it was a motorbike...

Or, keep it simple: 'Momentary lapse of concentration which was out of character for me, as evidenced by my clean licence'?

Again, I am not saying this is a justification for my speeding, I accept this is wrong. Just thinking that motorbike in theory poses less danger to other people...

Apparently, doing the forms on-line and adding driving licence number, you don't need to send it.

Keep it simple. The fact it was a bike (which BTW is a vehicle) is utterly irrelevant.
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Logician
post Mon, 22 Jul 2019 - 15:50
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QUOTE
Just thinking that motorbike in theory poses less danger to other people


I think that is rather doubtful, there is a very high accident rate amongst "born again" bikers now able to afford the sort of powerful bike they couldn't when they were younger, and while some of those will be single vehicle accidents, many will not. LINK
Not specifying you were on a bike probably works in your favour, if anything. As already mentioned, speeding penalties are quite prescriptive and you are unlikely to make any significant difference with even the most carefully constructed mitigation, and if you witter on too much you will just cause irritation, not that any magistrate would allow that to influence them.


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blackcross
post Mon, 22 Jul 2019 - 17:52
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QUOTE
Not specifying you were on a bike probably works in your favour, if anything.


The listing print specifies the vehicle registration, make and model. So the single justice won’t have much trouble figuring out you were on a bike, but I don’t think it will make a difference anyway. Traffic, whether as a full bench or single justice, is like shelling peas and the issue here is simply speed.

if anything is going to sway the penalty it is more likely to be “mitigation” that suggests you think it is ok to ignore the limit and so don’t really accept that you are guilty. You don’t want to risk being perceived as having made an equivocal plea.
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