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98 in a 70
SlownSteady89
post Fri, 7 Dec 2018 - 23:41
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Hi all,

So as the title suggests I was caught doing 98 in a 70 on the motorway. It was clear June day, 7pm, no cars on the motorway, I'm usually hyper aware of speed limits and potential cameras, regrettably, gantry camera evidence shows I was doing 98.

When the NIP came through I pleaded guilty (June), to my disappointment the dreaded SJPN showed up on my door step last night. I suppose my question on how to best deal with the matter is:
1. Do I plead guilty by post or guilty and attend court? -

There's no doubt that I am guilty, however, I don't want to be disadvantaged based on my plea method. Will I be disadvantaged if I don't go to court, i.e. does it come across as disingenuous and lacking regret? On the flip side, if I go, I don't want them to think I'm wasting time on what is a clear cut decision. For both instances I'll have written a mitigation letter.

I work between 5 hospital sites so its imperative that I retain my licence, however, under what circumstances are the court likely to be more lenient and offer 4 points vs 6?

Has anyone experienced bias based on the type of vehicle they were driving? I have a horrible feeling that due to the fact that I was in my Porsche that the punishment will be harsher than if I was in my Giulietta.

Thanks,

OE mellow.gif
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post Fri, 7 Dec 2018 - 23:41
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Jlc
post Sat, 8 Dec 2018 - 00:15
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6 points is most likely.

No harm in trying a postal plea first. They may adjourn and request your presence to consider a short ban.

Do you have any current points or are a new driver?

There’s a long shot chance of 5 points - a fine of 1 week’s relevant earnings, costs of £85 and surcharge of 10% of the fine (min £30)

This post has been edited by Jlc: Sat, 8 Dec 2018 - 09:19


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Sat, 8 Dec 2018 - 09:01
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You cannot attend the Single Justice hearing, if you request it to go to a court so you can attend they may well consider it a bit of a waste of time if you haven’t nothing compelling to say.

A simple letter of apology, moment of madness, learnt your lesson is about all you can do, don’t seek to excuse it at all with comments like empty motorway.

4 points isn’t going to happen for that speed, 6 is most likely, 5 an outside chance.

Can you complete the NIP wizard, link top right or in the ‘read this first before posting’ sticky, have the output added to this thread and we can see if anything stands out.

For completeness, you didn’t plead guilty earlier, you admitted being the driver only.


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SlownSteady89
post Sat, 8 Dec 2018 - 09:21
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QUOTE (Jlc @ Sat, 8 Dec 2018 - 00:15) *
6 points is most likely.

No harm in trying a postal plea first. They may adjourn and request your presence to consider a short ban.

Do you any current points or are a new driver?

There’s a long shot chance of 5 points - a fine of 1 week’s relevant earnings, costs of £85 and surcharge of 10% of the fine (min £30)


No current points, I've been driving for 11 years. Advice taken, will try the postal plea first.

QUOTE (The Rookie @ Sat, 8 Dec 2018 - 09:01) *
You cannot attend the Single Justice hearing, if you request it to go to a court so you can attend they may well consider it a bit of a waste of time if you haven’t nothing compelling to say.

A simple letter of apology, moment of madness, learnt your lesson is about all you can do, don’t seek to excuse it at all with comments like empty motorway.

4 points isn’t going to happen for that speed, 6 is most likely, 5 an outside chance.

Can you complete the NIP wizard, link top right or in the ‘read this first before posting’ sticky, have the output added to this thread and we can see if anything stands out.

For completeness, you didn’t plead guilty earlier, you admitted being the driver only.


After some reading, I realise there's a fine line between a good letter of apology and one which tries to state fact but comes across as an excuse. Are there any good examples around which offer a good insight on how to write it?

QUOTE (ford poplar @ Sat, 8 Dec 2018 - 03:15) *
It is very unlikely you willto be banned for 98 in a NSL 70 (assuming a normal car), on a motorway, subject to aggravating factors.
I suggest you take the lead out of your driving footware.


Normal car, on a motorway, top lane one other vehicle in sight (bottom lane). Lead truly taken out, coicidently MPG im not getting going to work has drasticallt mproved!!
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666
post Sat, 8 Dec 2018 - 11:34
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QUOTE (SlownSteady89 @ Sat, 8 Dec 2018 - 09:21) *
Normal car, on a motorway, top lane one other vehicle in sight (bottom lane). Lead truly taken out, coicidently MPG im not getting going to work has drasticallt mproved!!


By "top lane" do you mean the right-hand lane of three or more? If so, that is an aggravating factor which you shouldn't mention.
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SlownSteady89
post Sat, 8 Dec 2018 - 13:28
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QUOTE (666 @ Sat, 8 Dec 2018 - 11:34) *
QUOTE (SlownSteady89 @ Sat, 8 Dec 2018 - 09:21) *
Normal car, on a motorway, top lane one other vehicle in sight (bottom lane). Lead truly taken out, coicidently MPG im not getting going to work has drasticallt mproved!!


By "top lane" do you mean the right-hand lane of three or more? If so, that is an aggravating factor which you shouldn't mention.


In lane 3 of 4. No one in the very top lane. Noted regardless.
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cp8759
post Sat, 8 Dec 2018 - 16:02
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If you post a draft here, some members are very experienced and advising on which points are good and which ones are bad.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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