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Logician
Posted on: Yesterday, 21:52


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There are a few areas that offer a fixed penalty up to 55 in a 30 limit, so you might be lucky. If not and you are dealt with at court you can ask for time to pay.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418184 · Replies: 2 · Views: 55

Logician
Posted on: Yesterday, 15:12


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Are you certain it was you driving on both occasions?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418099 · Replies: 15 · Views: 427

Logician
Posted on: Yesterday, 13:38


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I have no idea what has happened here.

1. You say you admitted, mistakenly, that you were driving. If you did that within the 28 day time limit, you would not have been taken to court, for 59 in 50 you would have been offered a course or a fixed penalty. The only reason you would go to court would be for not giving the name of a driver within 28 days.

2. But you say the offence is described as exceeding 50mph speed limit.

3. What 21 day time limit did you have to reply to what? (Clearly this was not the first NIP, so not the 28 day limit) Was this to reply to the single justice procedure notice? Have you now replied, if so what did you say?

4. What 6 months time limit do you mean?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418077 · Replies: 19 · Views: 395

Logician
Posted on: Yesterday, 10:49


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Your exceptional hardship plea should include anyone adversely affected by you not being able to drive, besides yourself. This will include:

1. Your partner, as you work together and you provide the technical expertise
2. You are not clear if there are two employees in addition, but I assume not
3. Your customers/clients if they would not easily be able to do without you, as you are travelling all over the country at all hours it sounds as though you provide an important service to them
4. Any other family members or friends who depend on you driving
5. Any charitable or voluntary organisations ditto.

Be prepared for questions about what you could do instead of driving, for instance your partner driving as you already work together, use public transport, operate by phone or email and so on. If you are disqualified it takes effect immediately, so do not plan to drive home.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418001 · Replies: 59 · Views: 2,339

Logician
Posted on: Tue, 18 Sep 2018 - 19:46


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It is of concern as the police would only want to know the name of the driver if there was some allegation of an offence, but what offence is anyone's guess. If it was a minor accident the police might take no action once they have put the parties in touch with each other, you are not aware of an accident but perhaps someone alleges you grazed his car when turning round for instance. Only time will tell, but not completing the form unequivocally naming the driver is a serious offence in itself.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417824 · Replies: 23 · Views: 723

Logician
Posted on: Tue, 18 Sep 2018 - 16:32


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QUOTE (Jlc @ Tue, 18 Sep 2018 - 17:22) *
With 'no income' they use a default minimum weekly figure of £120 for which you'd also get a 33% discount for a guilty plea. (They've used a figure of £440 right now)


The OP says he works full time, as well as being a student.

  Forum: Speeding and other Criminal Offences · Post Preview: #1417741 · Replies: 14 · Views: 377

Logician
Posted on: Tue, 18 Sep 2018 - 16:00


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You can make an SD within 21 days of coming aware of a court hearing which you were not previously aware of. The police can now do nothing about it, you have been sentenced by a court. After being sentenced by the court you can ask for time to pay, that applies to the £350 or any amount set at a new hearing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417724 · Replies: 14 · Views: 377

Logician
Posted on: Tue, 18 Sep 2018 - 15:47


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If you make the SD and plead guilty you will be dealt with again by a court and, as SP says there is no obvious reason why they should sentence you at the fixed penalty rate, so it will probably be in accordance with guidelines, which is 50% of your net weekly income, less 33% for your guilty plea, plus surcharge of 10% (minimum £30) plus £85 costs. If that is more than £350 there is no advantage in making the SD, if it is less there is but you have to decide whether it is worth the bother. Best not to ignore these things.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417716 · Replies: 14 · Views: 377

Logician
Posted on: Tue, 18 Sep 2018 - 15:35


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There is a very slight advantage in doing a course for the earlier one, because it means you will be eligible again for a course a month earlier.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417712 · Replies: 15 · Views: 427

Logician
Posted on: Tue, 18 Sep 2018 - 15:32


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They are more like driver instructory people.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417711 · Replies: 15 · Views: 905

Logician
Posted on: Tue, 18 Sep 2018 - 15:30


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Your wife was stopped at the time so knows where the offence took place and is not disadvantaged by any subsequent error in the location. She does not need a NIP as she was warned of prosecution. There is no way of turning the error to her advantage, and refusing the course will probably result in the offer of a fixed penalty, turn that down because the error is repeated and the matter will go to court, plead not guilty because the location is still wrong and the police officer can be called as a witness and can give the correct location. He might not and the case could go all wrong from the prosecution point of view, but it is a very long shot and a risk not worth taking when the alternative is to do the course.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417710 · Replies: 2 · Views: 194

Logician
Posted on: Tue, 18 Sep 2018 - 08:54


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I well remember a senior police officer describing community speed watch to me as "pensioners in deckchairs", he did not take them too seriously and I suggest you don't either!
  Forum: The Flame Pit · Post Preview: #1417524 · Replies: 5 · Views: 234

Logician
Posted on: Tue, 18 Sep 2018 - 08:51


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The solicitor is simply wrong, speeding points apply from the date of the offence, points for more serious offences apply from the date of the conviction. If you do not believe us, have a look for yourself HERE. Where it states:

Speed limits

These codes must stay on a driving record for 4 years from the date of the offence.




I hope he is not charging you too much for his advice!


  Forum: Speeding and other Criminal Offences · Post Preview: #1417520 · Replies: 42 · Views: 3,456

Logician
Posted on: Mon, 17 Sep 2018 - 21:08


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QUOTE (garfie @ Mon, 17 Sep 2018 - 05:55) *
I know it's no defence, but the speed limits seem to be set on timers and come on at the same time every day whether there's a traffic problem on that stretch or not. On that particular day, there was very light traffic along the "managed" stretch. I'm guessing that I'll get the offer of the naughty drivers course, that'll be 4 hours of my life I won't get back. wink.gif


Having been in a managed motorway control room I can assure you that limits are not set on timers, just because the reason for a limit is not obvious to you does not mean it is not a valid reason. Most people find that they learn something from these courses.

  Forum: Speeding and other Criminal Offences · Post Preview: #1417437 · Replies: 15 · Views: 905

Logician
Posted on: Sun, 16 Sep 2018 - 19:42


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QUOTE (EmiliaBriony @ Sun, 16 Sep 2018 - 17:10) *
You have made me doubt myself now! I'll get in touch with the dealer i part-ex with and get him to 100% check the V5C was at my new address


If he still has the car get him to photocopy the V5C for you.

  Forum: Speeding and other Criminal Offences · Post Preview: #1417129 · Replies: 13 · Views: 448

Logician
Posted on: Sat, 15 Sep 2018 - 12:48


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QUOTE (southpaw82 @ Fri, 14 Sep 2018 - 21:36) *
QUOTE (NewJudge @ Fri, 14 Sep 2018 - 16:18) *
You can carry out a SD at a solicitors (they usually charge you about £10).
I’ve not met one who charges. IIRC, the charge to do so is capped at £5 inclusive of VAT (The Commissioners for Oaths (Fees) Order 1993 for solicitors, the Commissioners for Oaths (Authorised Persons) (Fees) Order 1993 for everyone else). It’s pointless charging.


The first time I was sent to get a document sworn by a solicitor, he asked for the fee in cash and put it straight in his pocket. Bought him a drink I suppose.

  Forum: Speeding and other Criminal Offences · Post Preview: #1416820 · Replies: 24 · Views: 885

Logician
Posted on: Fri, 14 Sep 2018 - 19:44


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The point about making a statutory declaration is that it sets aside the conviction and the sentence arising from it, provided that it is made within 21 days of you learning of the court hearing. The court may extend this time and your absence in the USA sounds like a good reason for them to do so, but you do need to progress this. The case will then return to court and you will have to attempt to negotiate the dropping of the s,172 offence in return for a guilty plea to the speeding while overseas. You should also be able to persuade a court to sentence you at the fixed penalty rate of £100 + 3 points.
  Forum: Speeding and other Criminal Offences · Post Preview: #1416702 · Replies: 6 · Views: 430

Logician
Posted on: Fri, 14 Sep 2018 - 15:01


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I understand that only the first NIP is the crucial one and anything after that is simply a reminder, so you can ignore it, but I would be inclined to send it back unsigned.
  Forum: Speeding and other Criminal Offences · Post Preview: #1416635 · Replies: 7 · Views: 282

Logician
Posted on: Fri, 14 Sep 2018 - 11:58


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QUOTE (The Rookie @ Fri, 14 Sep 2018 - 12:56) *
I understand its Highway England that control the signs on the M6/M42 telling you the M6 Toll road is clear.


Presumably based on what they are told by the toll road operators.

  Forum: Speeding and other Criminal Offences · Post Preview: #1416574 · Replies: 18 · Views: 481

Logician
Posted on: Fri, 14 Sep 2018 - 11:56


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Why do you think you are allowed to go at 133 kph in a 110 kph limit, or that your car's speedo is more accurate than the police measurement?
  Forum: Speeding and other Criminal Offences · Post Preview: #1416572 · Replies: 10 · Views: 677

Logician
Posted on: Fri, 14 Sep 2018 - 11:52


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Complain to the toll road operators if you do not like the way they operate the signs.
  Forum: Speeding and other Criminal Offences · Post Preview: #1416569 · Replies: 18 · Views: 481

Logician
Posted on: Fri, 14 Sep 2018 - 11:50


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Good advice from the court for once, but she should not plead guilty to the speeding until the prosecutor has agreed to drop the s.172, then she cannot possibly make things worse.
  Forum: Speeding and other Criminal Offences · Post Preview: #1416566 · Replies: 24 · Views: 885

Logician
Posted on: Fri, 14 Sep 2018 - 11:45


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Whatever your feelings about the appropriateness of the limit set, if you exceeded the speed limit set on any stretch you committed an offence. No defence is available on the basis that it was not reasonable to set a particular speed limit.
  Forum: Speeding and other Criminal Offences · Post Preview: #1416561 · Replies: 15 · Views: 905

Logician
Posted on: Fri, 14 Sep 2018 - 08:58


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QUOTE (Unzippy @ Fri, 14 Sep 2018 - 04:29) *
QUOTE (Logician @ Sun, 9 Sep 2018 - 02:53) *
The sad thing is, had you found 10 minutes to fill in the form and post it when you should, you would have been eligible for a course, provided you had not done one in the last three years, and would now have a clean licence.
How does this help?


How does your comment help?

Mine was for information as part of a longer post, yours appears to be an attempt at amateur moderation, which I think we can do without.

  Forum: Speeding and other Criminal Offences · Post Preview: #1416497 · Replies: 59 · Views: 2,339

Logician
Posted on: Thu, 13 Sep 2018 - 23:12


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QUOTE (Machio26 @ Thu, 13 Sep 2018 - 22:26) *
After doing lots of research on here, I gather this is how it should go: Make Statutory declaration, plead not guilty to both offences When given next court date, arrive early, seek out the prosecutor and make deal that I would plead guilty to speeding offence if failure to identify is dropped. Is this correct?


That is how it goes.

  Forum: Speeding and other Criminal Offences · Post Preview: #1416443 · Replies: 14 · Views: 583

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