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Speeding 101mph on 70mph M25 SJC, Speeding plea
Zoooooni
post Sat, 28 Oct 2017 - 14:23
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Hi everyone , please advise
On 23 April 2017 ( before the new law came thru ) at 143 am at night ( back from holidays ) I was caught on camera driving at 101mph on m27 while the required was 70mph . I admitted the offence and have now received the single justice procedure notice SJP.
I have now been given option plead online or by post
However my options mention if I can choose for magistrate to make the decision or come to court .
Which option should I go for ?
Is says on the charge sheet that this offence carries penalty points .
What exactly does this mean ?
If I get a ban I will lose my jobs as I commute 100 miles a day to work plus my son school is 23 miles away which he won't be able to go if I can't drive .
Please help I am under a lot of stress .
There is also a section for mitigation is the plea form . Is there anything in particular I can write there so that they might consider my circumstances and be liniet.
I have a clean license otherwise and medical doctor by profession .

Thanks in advance for help .
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post Sat, 28 Oct 2017 - 14:23
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southpaw82
post Sat, 28 Oct 2017 - 14:53
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QUOTE (Zoooooni @ Sat, 28 Oct 2017 - 15:23) *
( before the new law came thru )


There hasn't been a new law. The sentencing guidelines have been amended.

QUOTE
Which option should I go for ?


There's no real need for you to attend. There's little you can say that will change the penalty, which is linked to your speed.

QUOTE
Is says on the charge sheet that this offence carries penalty points .
What exactly does this mean ?


It means the court will give you penalty points on your licence, unless it decides to simply ban you outright.

QUOTE
There is also a section for mitigation is the plea form . Is there anything in particular I can write there so that they might consider my circumstances and be linnet.


Not really. You will get a reduction of 1/3 off the fine for an early guilty plea, costs of £85, and a surcharge of 10% of the fine.


--------------------


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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Zoooooni
post Sat, 28 Oct 2017 - 16:29
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QUOTE (southpaw82 @ Sat, 28 Oct 2017 - 15:53) *
QUOTE (Zoooooni @ Sat, 28 Oct 2017 - 15:23) *
( before the new law came thru )


There hasn't been a new law. The sentencing guidelines have been amended.

QUOTE
Which option should I go for ?


There's no real need for you to attend. There's little you can say that will change the penalty, which is linked to your speed.

QUOTE
Is says on the charge sheet that this offence carries penalty points .
What exactly does this mean ?


It means the court will give you penalty points on your licence, unless it decides to simply ban you outright.

QUOTE
There is also a section for mitigation is the plea form . Is there anything in particular I can write there so that they might consider my circumstances and be linnet.


Not really. You will get a reduction of 1/3 off the fine for an early guilty plea, costs of £85, and a surcharge of 10% of the fine.



Thank you everyone for your replys . How much will the fine be ?
Will it be based on my income ? Should I leave the mitigation section empty or wrote anything ? Please advise what's the appropriate sentence to write
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cp8759
post Sat, 28 Oct 2017 - 17:20
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QUOTE (Zoooooni @ Sat, 28 Oct 2017 - 17:29) *
Thank you everyone for your replys . How much will the fine be ?
Will it be based on my income ? Should I leave the mitigation section empty or wrote anything ? Please advise what's the appropriate sentence to write


We can't make up your mitigation for you, do you have anything to say in mitigation?

If you were taking your pregnant wife to the hospital, or you were on your way to the hospital because a loved one was on their death bed and the doctors had told you to come quickly and say goodbye, or some other like genuine emergency, then of course you should write that (although for that sort of situation I would rather attend in person). If you were in fear of death (for example you were escaping a terrorist attack) that may even amount to a defence in law.

But if the situation is that you simply ignored the speed limit because you were in a hurry / you thought you wouldn't pose any danger / you thought you wouldn't get caught, then you're better off saying nothing at all.

Obviously you can't make something up that isn't true because that would be perjury / contempt of court, for that you could go to prison.


--------------------
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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Zoooooni
post Sat, 28 Oct 2017 - 17:49
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QUOTE (cp8759 @ Sat, 28 Oct 2017 - 18:20) *
QUOTE (Zoooooni @ Sat, 28 Oct 2017 - 17:29) *
Thank you everyone for your replys . How much will the fine be ?
Will it be based on my income ? Should I leave the mitigation section empty or wrote anything ? Please advise what's the appropriate sentence to write


We can't make up your mitigation for you, do you have anything to say in mitigation?

If you were taking your pregnant wife to the hospital, or you were on your way to the hospital because a loved one was on their death bed and the doctors had told you to come quickly and say goodbye, or some other like genuine emergency, then of course you should write that (although for that sort of situation I would rather attend in person). If you were in fear of death (for example you were escaping a terrorist attack) that may even amount to a defence in law.

But if the situation is that you simply ignored the speed limit because you were in a hurry / you thought you wouldn't pose any danger / you thought you wouldn't get caught, then you're better off saying nothing at all.

Obviously you can't make something up that isn't true because that would be perjury / contempt of court, for that you could go to prison.



Thanks once again for the clarification . I am sorry If i sound silly but honestly it is my first time that's why I am asking lots of questions .
Is the fine income based ? Asking as they have sent a two page form and I have to list my income and expenses on there .

I really appreciate your time and help .
Kind regards
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Jlc
post Sat, 28 Oct 2017 - 18:21
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101 is the starting point of the new sentencing guidelines top band so 150% of weekly earnings after statutory deductions (reduced by 33% for a guilty plea). Costs of £85 and surcharge of 10% of the fine (min £30).

6 points is the likely outcome, a short ban (up to 2 months) is possible instead.

This post has been edited by Jlc: Sat, 28 Oct 2017 - 18:22


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Zoooooni
post Sun, 29 Oct 2017 - 00:23
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Can I write in mitigation that I realize my mistake and have learnt a lesson and will try my best not to repeat again. I would also like to make polite request regarding not putting s ban as my son won't be able to go to school if that happens as school is 23 miles away .
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The Rookie
post Sun, 29 Oct 2017 - 07:30
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You could write the first part, it will make no difference as everyone says the same whatever the truth is.

As for the second part, if they consider a ban they have to require you to attend and you'll get a court date, that is when you can present that argument.


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Zoooooni
post Sun, 29 Oct 2017 - 11:08
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Thanks you for all the help . The sjc took 6 months to come and once i submit it back tomorrow do you know how long will it be before I find out the outcome ? I have been so stressed last six months so really want it to be over soon . Have learnt my mistake the hard way .
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rosysparkle
post Sun, 29 Oct 2017 - 11:39
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Don't forget that you will need to declare the conviction to the General Medical Council. Fixed Penalty Notices don't have to be declared but convictions for speeding do.
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Zoooooni
post Sun, 29 Oct 2017 - 11:57
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Really ! I didn't know that would that affect my registration ?when should I let them know ? Once I have received the outcome or now ?

This post has been edited by Zoooooni: Sun, 29 Oct 2017 - 12:01
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The Rookie
post Sun, 29 Oct 2017 - 20:03
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Once you have the verdict.

Will typically take about a month after the date you've been told you must reply by.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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grother1
post Mon, 30 Oct 2017 - 11:15
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Hi, I sympathise with the stress issue. I have been going through the same 101 on teh motorway (70) on M4. Mine happend in May so still waiting for SJP. Out of interest, does the financial form ask for last 3 months payslips or anything. Only reason I ask is that I am on a low wage but this has been bumped up the last three months due to commission and overtime. I would hate to have a higher fine due to an unusual peak in my salary. I'd be interested to know your outcome in due course though I realise it may not be the same
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vinba
post Mon, 30 Oct 2017 - 11:18
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In terms of mitigation.. Do you do any non resident on calls? Are you required to be able to travel from one hospital to another on shifts

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Zoooooni
post Mon, 30 Oct 2017 - 20:17
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QUOTE (grother1 @ Mon, 30 Oct 2017 - 11:15) *
Hi, I sympathise with the stress issue. I have been going through the same 101 on teh motorway (70) on M4. Mine happend in May so still waiting for SJP. Out of interest, does the financial form ask for last 3 months payslips or anything. Only reason I ask is that I am on a low wage but this has been bumped up the last three months due to commission and overtime. I would hate to have a higher fine due to an unusual peak in my salary. I'd be interested to know your outcome in due course though I realise it may not be the same


I will be filling forms tomorrow and will let you know . So stressed trust me . Will update on here once I receive my verdict .

QUOTE (vinba @ Mon, 30 Oct 2017 - 11:18) *
In terms of mitigation.. Do you do any non resident on calls? Are you required to be able to travel from one hospital to another on shifts

I don't do oncall or shifts but drive 100 miles a day as work is 40 miles one way plus school drop ( sons school is also far ) . Do you think I should mention this in hardship ?
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NewJudge
post Tue, 31 Oct 2017 - 09:22
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QUOTE (Zoooooni @ Mon, 30 Oct 2017 - 20:17) *
QUOTE (vinba @ Mon, 30 Oct 2017 - 11:18) *
In terms of mitigation.. Do you do any non resident on calls? Are you required to be able to travel from one hospital to another on shifts

I don't do oncall or shifts but drive 100 miles a day as work is 40 miles one way plus school drop ( sons school is also far ) . Do you think I should mention this in hardship ?


You have no right to plead "Exceptional Hardship". That is only available for "totting up" bans. Having said that the Magistrates will listen to anything you have to say. Quite honestly six points is far more likely than a ban for that speed.
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The Rookie
post Wed, 1 Nov 2017 - 06:57
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As above, they can't and won't ban you at the unattended hearing so it's pointless going into that now, if they adjourn and require you to attend as they are CONSIDERING a ban then have that to hand then.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Zoooooni
post Wed, 8 Nov 2017 - 21:30
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QUOTE (The Rookie @ Wed, 1 Nov 2017 - 07:57) *
As above, they can't and won't ban you at the unattended hearing so it's pointless going into that now, if they adjourn and require you to attend as they are CONSIDERING a ban then have that to hand then.

Thanks for this ! It really helps for now !

We have received a letter today from covea Insurance ( they undermine insurance on behalf of my insurance ) saying that we were involved in accident on 28/10/2017 ( it was Sunday and we haven't even gone out and it is around the same time I had a notice ) . Do you think it is related to my offence ? I am panicking as I really hope not . Also at what time do I need to let my insurance know ? Do the police inform the insurance themselves directly before the decision?
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peterguk
post Wed, 8 Nov 2017 - 21:43
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QUOTE (Zoooooni @ Wed, 8 Nov 2017 - 21:30) *
We have received a letter today from covea Insurance ( they undermine insurance on behalf of my insurance ) saying that we were involved in accident on 28/10/2017 ( it was Sunday and we haven't even gone out and it is around the same time I had a notice ) . Do you think it is related to my offence ?


Have you been involved in an accident? Can't see a letter about an accident being related to a speeding offence.

QUOTE (Zoooooni @ Wed, 8 Nov 2017 - 21:30) *
Also at what time do I need to let my insurance know ?


Normally when you are convicted. Check your T&Cs.


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Zoooooni
post Wed, 8 Nov 2017 - 22:05
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No me and my husband can't even think of any .
My terms and conditions says I need to let them know once convicted .i am sorry my English is not very good so can you please explain if I should let them know now or wait once points are given .thanks for your reply in advance .
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