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Logician
Posted on: Yesterday, 21:04


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The first you are likely to hear is a single justice procedure notice. This means that the matter will be heard by a single magistrate sitting with a legal advisor who will simply be presented with papers in a hearing you cannot attend. You can object to this and ask for a traditional hearing if you wish but there is no apparent reason to do so in your case as you do not dispute the charge and mention no mitigation. If the single justice thought that disqualification should be considered they would be likely to send the matter to a full court, but the likelihood is that they will simply sentence you to 6 points, fine as you say and costs of £85. You can put anything you wish to say on the reply form, such as apologising for a momentary lapse, but it would not be a good idea to say you were antagonised by another driver. There is no point whatsoever in instructing a solicitor.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434171 · Replies: 4 · Views: 67

Logician
Posted on: Yesterday, 16:29


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You may have to make the point forcefully and persistently, the magistrates will be relying on their legal advisor and the legal advisor will not be at all used to the situation. If you lose, ask immediately for an appeal form.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434074 · Replies: 20 · Views: 738

Logician
Posted on: Yesterday, 16:23


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QUOTE (The Rookie @ Wed, 14 Nov 2018 - 16:12) *
For 50+ the fine will usually be around a week and a halfs wage (after tax and NI)


Less 33% for a guilty plea.

50mph in a 30 limit is a point where there is a big difference in outcome for just a small change in speed, 49 should be a fixed penalty of £100 + 3 points, 50 usually goes to court and the guideline is 6 points or a ban and fine as above. As a persistent speeder who has already been disqualified but continued his very poor driving your BF is not going to get much sympathy if he goes to court, and a longer disqualification is quite likely.




Corrected



  Forum: Speeding and other Criminal Offences · Post Preview: #1434071 · Replies: 6 · Views: 206

Logician
Posted on: Yesterday, 16:09


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It would be a long odds gamble to opt for court and plead not guilty on that basis. The prosecution are liable to call an expert to tell the court the sign could not interfere with the speed reading, and you will have to pay for his costs, on top of losing the guilty plea discount and/or losing the chance of a fixed penalty or course.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434066 · Replies: 9 · Views: 246

Logician
Posted on: Yesterday, 16:03


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If he has exceptionally high outgoings in servicing his sky high debt he can put that in the means form, MC100, and explain. However it is quite unusual for an offender's outgoings to be so high that the level of fine is affected.
Probably more to the point, he can ask for time to pay, and pay it off on a monthly basis. This is negotiated with court staff in due course.
No doubt you will be giving him a hard time over this!
  Forum: Speeding and other Criminal Offences · Post Preview: #1434065 · Replies: 6 · Views: 206

Logician
Posted on: Tue, 13 Nov 2018 - 23:02


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QUOTE (standbyme @ Tue, 13 Nov 2018 - 22:19) *
I didn't get proof of posting 😞 in hindsight I should of... address is 100% correct. I filled in and sent the logbook to the DVLA the day after. I filled in new keepers details and kept a copy... Would requesting a photograph help at all?


Did you get an acknowledgement from DVLA that you were no longer the registered keeper?

  Forum: Speeding and other Criminal Offences · Post Preview: #1433896 · Replies: 5 · Views: 213

Logician
Posted on: Tue, 13 Nov 2018 - 23:00


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QUOTE (andy_foster @ Tue, 13 Nov 2018 - 20:09) *
IOW the validity or otherwise of the OP's licence does not appear to have any bearing on the defence to the speeding charge.


But if the licence is not valid, then he has not submitted his licence, so has not complied with the conditions. Is he then a person without a licence, whose driving record needs to be examined?

  Forum: Speeding and other Criminal Offences · Post Preview: #1433895 · Replies: 20 · Views: 738

Logician
Posted on: Tue, 13 Nov 2018 - 16:56


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It all hinges on the true situation regarding your licence, if it was valid then there is no driving licence offence and since the reason the matter could not be dealt with by a fixed penalty is administrative difficulties and the court should sentence you at the fixed penalty rate.

Try looking up your licence on the DVLA's own system HERE. Failing that keep on at the DVLA for an explanation as to why they have no record of your licence. Even if it has been suspended or withdrawn and you have not been notified they must have a record.
  Forum: Speeding and other Criminal Offences · Post Preview: #1433800 · Replies: 20 · Views: 738

Logician
Posted on: Tue, 13 Nov 2018 - 12:57


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Could your vehicle be described as a ‘car-derived van’ which means a goods vehicle which is constructed or adapted as a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes? That would have the same speed limits as a car.

Otherwise, you should be offered a course, provided you have not done one for an offence within the last three years. If not eligible, then it will be a fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1433728 · Replies: 7 · Views: 343

Logician
Posted on: Tue, 13 Nov 2018 - 11:06


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Possibly he got you at a greater distance than you thought, but anyway going to court over it is a huge gamble that is unlikely to be successful, accepting the fixed penalty is the pragmatic thing to do in the circumstances, even if you feel it is unjust. It may help to consider times you have exceeded the limit and not been caught!
  Forum: Speeding and other Criminal Offences · Post Preview: #1433685 · Replies: 5 · Views: 295

Logician
Posted on: Tue, 13 Nov 2018 - 11:00


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QUOTE (NewJudge @ Tue, 13 Nov 2018 - 08:57) *
Another aspect is that the OP will not be eligible for a course now until three years from the date of the "offence". He might like to try to get that corrected as well.


Yes, just my thought!

  Forum: Speeding and other Criminal Offences · Post Preview: #1433683 · Replies: 20 · Views: 1,267

Logician
Posted on: Mon, 12 Nov 2018 - 13:36


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This needs to be transferred to the Council forum
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1433317 · Replies: 2 · Views: 132

Logician
Posted on: Mon, 12 Nov 2018 - 12:08


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WE are told it is standard operating procedure to check that the signage is correct when setting up a speed check operation. If you do get a NIP. I suggest when you send your reply nominating yourself, you enclose a letter pointing out that one sign was missing and a picture, as you have here. There is a chance they will drop the case. As has been said, going to court is a bit of a gamble, the court might find that the limit was adequately conveyed, in which case it could be considerably more expensive for you than a fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1433291 · Replies: 11 · Views: 633

Logician
Posted on: Fri, 9 Nov 2018 - 23:34


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This should be in the council forum

It is an offence in itself not to update the address on your V5C and driving licence if you cannot be contacted any longer at the old address, but it is not often pursued. However, if you have committed any traffic offences which have not been tracked down to you, updating your addresses may bring them to light.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432755 · Replies: 7 · Views: 323

Logician
Posted on: Thu, 8 Nov 2018 - 19:47


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QUOTE (Ocelot @ Thu, 8 Nov 2018 - 20:32) *
QUOTE (SC86 @ Thu, 8 Nov 2018 - 11:47) *
Hi All, Can I ask which county was this in please. I am in a similar position and petrified that I am going to lose my license. Im currently waiting for the NIP's to arrive in my name as they have gone to my employer.
It must be England or Wales as they don't have them in Scotland.


They don't have what in Scotland?

  Forum: Speeding and other Criminal Offences · Post Preview: #1432398 · Replies: 24 · Views: 2,564

Logician
Posted on: Thu, 8 Nov 2018 - 19:38


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QUOTE (a73uk @ Thu, 8 Nov 2018 - 20:06) *
I thought a ban would be as well as points, not in lieu of them. How does that work with things like insurance if there's nothing on your licence?


The disqualification is shown on your licence

  Forum: Speeding and other Criminal Offences · Post Preview: #1432392 · Replies: 13 · Views: 714

Logician
Posted on: Thu, 8 Nov 2018 - 18:13


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They throw around a dangerous driving charge much more readily in Scotland than in England & Wales, but if the substance of it is that you crossed a double white line when you were being harassed by bikers inside you, and there was no traffic coming towards you, dangerous driving seems completely OTT. Nothing I know of makes it an offence to overtake a hearse.
  Forum: Speeding and other Criminal Offences · Post Preview: #1432368 · Replies: 8 · Views: 636

Logician
Posted on: Thu, 8 Nov 2018 - 18:03


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If you plead guilty by post, which nowadays is usually to a single justice, a proceeding which you cannot attend, if it is thought that disqualification should be considered you will be given a future date to attend in person. You cannot be disqualified in your absence before that is done. If you advise us of the alleged speed and limit, we can tell you if it is likely that disqualification will be considered.

A discrepancy between what you believe you remember of the reading and the speed now alleged will not void the case, you are charged with exceeding the limit, not going at a particular speed, the speed just affects the sentence, not guilt. A difference of 2mph is unlikely to make a difference, unless it is on the boundary of a speed range. The speed of other cars and whether or not action is being taken against them is quite irrelevant to your case.
  Forum: Speeding and other Criminal Offences · Post Preview: #1432364 · Replies: 13 · Views: 714

Logician
Posted on: Wed, 7 Nov 2018 - 16:47


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The issue lies with the word 'deceived', some councils have attempted to prosecute under the Fraud Act for false information given to obtain admission to schools, although it is not clear that the act covers it, and the place might be withdrawn if deception is discovered.
  Forum: Speeding and other Criminal Offences · Post Preview: #1431996 · Replies: 35 · Views: 1,605

Logician
Posted on: Wed, 7 Nov 2018 - 15:25


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You can get it online, HERE.
  Forum: Speeding and other Criminal Offences · Post Preview: #1431960 · Replies: 28 · Views: 1,632

Logician
Posted on: Wed, 7 Nov 2018 - 12:09


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QUOTE (peterguk @ Wed, 7 Nov 2018 - 13:03) *
QUOTE (Logician @ Wed, 7 Nov 2018 - 12:00) *
The likelihood is that the first NIP went to the lease company who forwarded it to your employer
In which case it would be in name of leae company, not the employer?


Sorry, I should have said the lease company nominated the employer, who then received a NIP/s.172 notice addressed to them.

  Forum: Speeding and other Criminal Offences · Post Preview: #1431892 · Replies: 21 · Views: 890

Logician
Posted on: Wed, 7 Nov 2018 - 12:00


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The likelihood is that the first NIP went to the lease company who forwarded it to your employer, who then, wrongly, sent it to you, so the 14 days rule has been complied with. You should return it to your employers for them to complete, as clearly stated on it. You should be complete it only if you are in one of the categories mentioned as being an acceptable signor on behalf of the company.

Of course you could just throw it away, when your employers are likely to be prosecuted for failing to identify the driver, and you cannot be prosecuted as you are unknown to the police, but you may not consider that to be a career enhancing move.

60 in a 50 limit should result in the offer of a course, provided this was not in Scotland and you have not already done a course for an offence in the previous three years. Failing that a fixed penalty of £100 + 3 points.




  Forum: Speeding and other Criminal Offences · Post Preview: #1431890 · Replies: 21 · Views: 890

Logician
Posted on: Tue, 6 Nov 2018 - 20:10


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You are basically right, but the 14 days does not apply if the name of the registered keeper or driver could not, with reasonable diligence, have been ascertained within that time, and does not apply in the case of an accident. The most usual reason is that the information held by DVLA is not accurate or up to date.
Are you the registered keeper and in possession of the V5C for the vehicle? Does the V5C have your full accurate postal address? On the bottom of page 2 is a Doc Ref number, next to it is a date, what is it?
Regardless of the possibility that the 14 days has been exceeded, the information about the driver must still be completed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1431759 · Replies: 21 · Views: 890

Logician
Posted on: Tue, 6 Nov 2018 - 02:22


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You can think that, and we can think you're an idiot.
  Forum: Speeding and other Criminal Offences · Post Preview: #1431491 · Replies: 22 · Views: 1,468

Logician
Posted on: Mon, 5 Nov 2018 - 15:05


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Yes, also a chance you were doing more than you thought. A 14 day wait if you are the registered keeper should resolve it.
  Forum: The Flame Pit · Post Preview: #1431305 · Replies: 12 · Views: 705

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