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COURT SUMMONS -Doing 68 in a 40 YOUNG DRIVER, Summoned to court - young driver likely ban
hikka
post Sun, 3 Dec 2017 - 11:35
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Hello I got caught doing an average of 68 in a 40 by an officer in a police car. This was at night time where I was followed by said officer for a distance before being pulled over. The speed is indisputable as there is full evidence with a calibrated speed detection device. I’m 19 currently attending college. I know I’m not in a good situation at all with the most likely scenario being the revocation of my licence (as this is 6 points for young drivers) for that moment of stupidity. There ARE 40 speed limit signs all the way down. What do I write for the best possible scenario when pleading guilty.

This post has been edited by hikka: Sun, 3 Dec 2017 - 11:36
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post Sun, 3 Dec 2017 - 11:35
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AntonyMMM
post Sun, 3 Dec 2017 - 11:49
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The best scenario for that excess speed would be that they give a short immediate ban, which would probably be 6-8 weeks, but avoids getting points and therefore your licence isn't revoked. The only other likely outcome is going to be 6 points, which will mean a revocation.

You might want to consider the effect each would have, especially on your insurance premiums, and when you go to court you can try and steer them towards your preferred option.

Appearing at court, looking smart and making a sincere apology might just get you some sympathy and given 5 points, but if I were you I'd be preparing to retake your tests.

This post has been edited by AntonyMMM: Sun, 3 Dec 2017 - 11:55
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The Rookie
post Sun, 3 Dec 2017 - 12:08
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Were you still a new driver (passed your test less than 2 years before the alleged offence date)? Noting you don't seem to understand the difference between a totting ban and revocation.

As above, you can hope for a short ban (noting this can only happen in court and not at a Single Justice Procedure Notice hearing which is usually what's you will receive first), but the courts have specific guidance not to use that to avoid a new driver revocation.



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hikka
post Sun, 3 Dec 2017 - 12:24
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Sorry yes I am a new driver. Had my licence for 6 months. Any specific things I should say in the letter if I do plea guilty by post?

Also any idea which is worse on the Insurance ? A ban or 6 points +losing your licence ?
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Jlc
post Sun, 3 Dec 2017 - 12:42
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You are most likely to have your licence revoked. (As noted above a ban would circumvent the intention of the New Drivers Act)

You need to check what and when you need to tell your insurer. It will have a significant impact on your insurance.


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The Rookie
post Sun, 3 Dec 2017 - 13:08
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Revocation is a purely paperwork excercise, you can continue to drive until you get a letter from DVLA which will inform you of the date, it's nothing to do with the court.

You can just plead guilty and 6 points is all but inevitable, or you can excercise your right Andy have the case moved to the magistrates court (if what you have is actually an SJPN?) and try for either 5 points or a ban, I wouldn't give you a good chance of either.

Nothing you can say will make any difference really if it's an SJPN, but if you opt to go to magistrates court you'll have to attend to plead your case, plus any ban is immediate and you will need to be informed so you don't drive inadvertently while disqualified.


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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!

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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
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hikka
post Sun, 3 Dec 2017 - 14:55
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Any guideline as to how I should go about my "mitigation"? Should I say I thought it was a 70 road due to the central reservation barrier or not go this route? I know I have to grovel and be sincere acknowledging my mistakes but also need some form of a reason. Thanks all.
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peterguk
post Sun, 3 Dec 2017 - 16:00
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QUOTE (hikka @ Sun, 3 Dec 2017 - 14:55) *
Should I say I thought it was a 70 road due to the central reservation barrier or not go this route?

I know I have to grovel and be sincere acknowledging my mistakes but also need some form of a reason. Thanks all.


QUOTE (hikka @ Sun, 3 Dec 2017 - 11:35) *
There ARE 40 speed limit signs all the way down.


I wouldn't say "there were plenty of signs but i either didn't see any of them or chose to ignore them".

A simple apology, citing a lapse in concentration is all that is needed. Attempting to justify your actions with a lame excuse will be seen as such and will not assist.

This post has been edited by peterguk: Sun, 3 Dec 2017 - 16:47


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southpaw82
post Sun, 3 Dec 2017 - 16:31
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QUOTE (hikka @ Sun, 3 Dec 2017 - 14:55) *
Should I say I thought it was a 70 road due to the central reservation barrier or not go this route?

Is that the truth?


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NewJudge
post Sun, 3 Dec 2017 - 20:58
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Magistrates’ sentencing guidelines for speeds of 66mph and above suggest a ban of between 7 and 56 days or 6 points. Fewer than six points is not a realistic possibility. Further than that, magistrates have specific guidance that where such a sentencing option exists they should impose points as to dispose of the matter with a ban will (as has been mentioned) circumvent Parliament’s intentions with the New Drivers’ Act. They have similar guidance where a more experienced driver would reach twelve points and so face a "totting up" ban.

Six points is almost a certainty if the matter remains within the Single Justice process. If you opt to have the matter heard before a normal court, unless you encounter a particularly inept Bench – which would also have to be advised by a Legal Advisor who was not paying attention – six points is a near certainty there too. You could try opting for a court appearance (it will cost you nothing extra in fines, etc) but I believe you are facing six points and thus licence revocation.

You can drive until you hear from the DVLA. You can resume driving (under supervision and with 'L' plates) and you can apply for to re-take your test (which will involve both parts) immediately you have a new provisional licence.
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