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Worried About Loosing Licence, 47 in a 20, not near any school.
N P42
post Fri, 5 Jan 2018 - 19:44
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I was caught doing 47 in a 20. Stupid I know, I have no excuses.
The conditions described by the officer where excellent visibility and dry, it was committed on a road which is a 20mph limit(I thought was a 30) but the houses are set back from the road on one side and the other side is the back of a golf course which has a 8ft wall.

I am due to appear in the magistrates and I have obtained a motoring specialist lawyer, which tbh I have not been very happy with as I do not feel in the loop about what is going on with my case.

I will be pleading guilty (I have already done so online) I already have 3 points which expire this year, In a nutshell I was wondering if anyone else has been in a similar situation and what was the outcome?
I have been on a 2 year apprenticeship in which I have only just passed and been given a salary I thought I would never get, I require my licence for work as I do alot of driving (30000 miles a year) and I am really stressed and loosing sleep over the fact I am going to get a ban and lose my job which means everything to me. Could anyone give me a percentage chance of me keeping my licence due to their experience?
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post Fri, 5 Jan 2018 - 19:44
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southpaw82
post Fri, 5 Jan 2018 - 20:00
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Slim but not impossible with the right mitigation. The court might want to put you on 9 points (and one more offence away from a 6 month ban) until your earlier points expire later this year. If you are banned for a short time (say 28 days) can your employer not work around that, having just spent 2 years training you?


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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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N P42
post Fri, 5 Jan 2018 - 20:15
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Hi thanks for your reply, unfortunately they have a zero tolerance policy, I have gave my solicitor a letter from my employer stating this.

Can you explain what you mean by right mitigation?
My lawyer is trying to see if the prosecution would take a lower speed, but personally I can't see them accepting this.

I forgot to mention it was a handheld device the policeman was using
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southpaw82
post Fri, 5 Jan 2018 - 20:18
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QUOTE (N P42 @ Fri, 5 Jan 2018 - 20:15) *
Can you explain what you mean by right mitigation?
My lawyer is trying to see if the prosecution would take a lower speed, but personally I can't see them accepting this.

I forgot to mention it was a handheld device the policeman was using

I don’t see why they’d accept a lower speed when they have an accurate reading from an approved device but you never know.

The right mitigation would be things like your employment history, working hard to better yourself, the consequences of imposing a ban, etc etc.


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N P42
post Fri, 5 Jan 2018 - 20:33
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Thanks for getting back, I agree with you I have no idea why they would accept a lower speed, tbh I think it's just something my lawyers saying to prove he's actually doing something for the expensive price I paid for his services.

So in a nutshell am I right in thinking I will probably end up with a ban unless I get magistrates who have just had some good news and are feeling charitable?
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Jlc
post Fri, 5 Jan 2018 - 20:37
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A ban of at least 1 month is almost certain but 6 points is still possible. You don’t get to choose but the bench can be influenced.


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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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southpaw82
post Fri, 5 Jan 2018 - 20:37
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QUOTE (N P42 @ Fri, 5 Jan 2018 - 20:33) *
So in a nutshell am I right in thinking I will probably end up with a ban unless I get magistrates who have just had some good news and are feeling charitable?

I would expect a ban but hope for 6 points.


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N P42
post Fri, 5 Jan 2018 - 20:50
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Thanks guys appreciate your opinions.
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andy_foster
post Fri, 5 Jan 2018 - 21:10
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IMHO the only chance for a Newton plea to be accepted by the prosecution is if they just want a win with the least effort required.


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N P42
post Fri, 5 Jan 2018 - 21:27
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QUOTE (andy_foster @ Fri, 5 Jan 2018 - 21:10) *
IMHO the only chance for a Newton plea to be accepted by the prosecution is if they just want a win with the least effort required.


This won't be going to a Newton plea, straight to he magstraites to plead guilty, I think my lawyer thought he could be negotiate with the prosecution, but I have no idea why, think it was part of his sales pitch.
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andy_foster
post Fri, 5 Jan 2018 - 21:47
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...

This post has been edited by andy_foster: Fri, 5 Jan 2018 - 21:49


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Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
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cp8759
post Fri, 5 Jan 2018 - 22:05
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QUOTE (N P42 @ Fri, 5 Jan 2018 - 21:27) *
QUOTE (andy_foster @ Fri, 5 Jan 2018 - 21:10) *
IMHO the only chance for a Newton plea to be accepted by the prosecution is if they just want a win with the least effort required.


This won't be going to a Newton plea, straight to he magstraites to plead guilty, I think my lawyer thought he could be negotiate with the prosecution, but I have no idea why, think it was part of his sales pitch.

You might want to google "Newton plea", you might also want to get a lawyer who will actually explain what's what.
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N P42
post Fri, 5 Jan 2018 - 22:07
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Thank you, I think you are right as I have payed alot of money and I still have no clue what the plan is.
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Logician
post Fri, 5 Jan 2018 - 23:26
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QUOTE
..........it was committed on a road which is a 20mph limit(I thought was a 30) but the houses are set back from the road on one side and the other side is the back of a golf course which has a 8ft wall.


This seems a strange location for such a limit, is there some feature before or after which would call for it, or was this one of those areas with a policy of a 20mph limit on all residential roads regardless? That might make a difference to the magistrates' attitude to speeding, although of course you would have been exceeding even a 40mph limit. I see a ban as almost certain and the best approach being to try to keep it as short as possible. Arguing for a lower speed sounds like a non-starter with a speed meter like that, it is more appropriate for a follow check by officers in a car.

When it actually comes to it your employers may not be as severe as you fear, but if they are your higher salary gives you a good base for getting a good job with someone else, perhaps a job that does not involve driving.


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NeilNeil
post Fri, 5 Jan 2018 - 23:46
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QUOTE (N P42 @ Fri, 5 Jan 2018 - 21:15) *
Hi thanks for your reply, unfortunately they have a zero tolerance policy

You could pull a sickie for the period, perhaps?
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N P42
post Fri, 5 Jan 2018 - 23:50
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QUOTE (Logician @ Fri, 5 Jan 2018 - 23:26) *
QUOTE
..........it was committed on a road which is a 20mph limit(I thought was a 30) but the houses are set back from the road on one side and the other side is the back of a golf course which has a 8ft wall.


This seems a strange location for such a limit, is there some feature before or after which would call for it, or was this one of those areas with a policy of a 20mph limit on all residential roads regardless? That might make a difference to the magistrates' attitude to speeding, although of course you would have been exceeding even a 40mph limit. I see a ban as almost certain and the best approach being to try to keep it as short as possible. Arguing for a lower speed sounds like a non-starter with a speed meter like that, it is more appropriate for a follow check by officers in a car.

When it actually comes to it your employers may not be as severe as you fear, but if they are your higher salary gives you a good base for getting a good job with someone else, perhaps a job that does not involve driving.


Thanks for your advice, unfortunately I work for a very specialised engineering regulstor and would have to retrain for any other job and the knowledge isnt very transferable.

The area is in as you described seems to be due to policy. The speed limits where changed two years ago, I wasn't aware at the time, this is my fault I have no argument. It's just such a stupid action on my part to loose a promising career which I have worked hard for, and it will change the outcome of my life if I was to lose my licence.



QUOTE (NeilNeil @ Fri, 5 Jan 2018 - 23:46) *
QUOTE (N P42 @ Fri, 5 Jan 2018 - 21:15) *
Hi thanks for your reply, unfortunately they have a zero tolerance policy

You could pull a sickie for the period, perhaps?


Haha I wish! I would need to let them know so they could tell the Comapnies fleet management company for insurance purposes.
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KH_
post Sat, 6 Jan 2018 - 16:20
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QUOTE (N P42)
Thanks for your advice, unfortunately I work for a very specialised engineering regulstor and would have to retrain for any other job and the knowledge isnt very transferable.


This is why your employer is likely to be more forgiving, the 2 years training you will have cost money and I doubt they would want to just throw that all away to start again with someone else.
You could perhaps get your employer to provide evidence as part of your mitigation as to how a ban would affect the employer more than you.

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peterguk
post Sat, 6 Jan 2018 - 16:24
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QUOTE (KH_ @ Sat, 6 Jan 2018 - 16:20) *
You could perhaps get your employer to provide evidence as part of your mitigation as to how a ban would affect the employer more than you.


Does the effect on others involve "ordinary" bans as well as totting up bans?


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KH_
post Sat, 6 Jan 2018 - 16:29
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QUOTE (peterguk @ Sat, 6 Jan 2018 - 16:24) *
QUOTE (KH_ @ Sat, 6 Jan 2018 - 16:20) *
You could perhaps get your employer to provide evidence as part of your mitigation as to how a ban would affect the employer more than you.


Does the effect on others involve "ordinary" bans as well as totting up bans?


No idea but no harm in trying smile.gif
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Jlc
post Sat, 6 Jan 2018 - 16:39
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The bench can consider any factors and be influenced should they wish. Although, 'exceptional hardship' only applies to totting bans.

Being honest may work, e.g. I know a ban is likely but 6 points would be a lasting reminder - and explain impact to employment/employer from a ban.

This post has been edited by Jlc: Sat, 6 Jan 2018 - 16:39


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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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