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Speeding Motorway Provisional
MotoPepper97
post Fri, 29 Nov 2019 - 16:42
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Hiya all,

Ok before I tell you the problem please understand that it was an honest mistake instead of going to duel cariage way i took wrong exit and ended up on motorway. With all the panic i went 80 miles in a 70 zone and got caught out. It was an honest mistake and I admitted it to it when I got the NIP and i am remoresful but it wasnt intentional.

Now there are two other charges

Police also told me i will be charged for not displaying L plates properly and also driving without a suitable instructor (it was a fully insured private car and i was with family who had full driving license which met conditions). Now the L plates i did not notice that they had fallen off due to type of car and them being those cheap ones you can get at b & m, i know stupidity is not an excuse but its what honesty has happened.

Since then got my full driving license.

Now im really worried i dont want a criminal record because it was an honest mistake and im really sorry about it, it put off driving forever. Havent touched a car since passing. sad.gif

I kept calling up their ticket officers and they told me its not a criminal charge, to relax and that i dont need to go to court for this. After googling i now assume i will be getting a Single Justice Notice? ninja.gif excl.gif

I will be going to study abroad soon, and i am still waiting for something to come through i called up the local court and they said they havent got anything yet. I called up police and they said they will try and hurry up to prosecute me. wacko.gif Just submit guilty plea and the court will make their decision based on the facts. But if i assume correctly since this is 3 charges the Single Justice will consider disqualification and therefore i need to go to court? Which is confusing me.

Because i dont want to completely mess up my life because of just a bad series of events in an hour on a motorway. sad.gif sad.gif Does this mean i am now a criminal and have to declare this everywhere and does this also mean i cant go study abroad and have to keep waiting for the court? Do i need to get solicitor if i go abroad to deal with this for me?

I was completely honest with them from the start because it wasnt intentional. sad.gif

Thanks for answers!!

This post has been edited by MotoPepper97: Fri, 29 Nov 2019 - 16:42
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post Fri, 29 Nov 2019 - 16:42
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speedfighter23
post Fri, 29 Nov 2019 - 16:49
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This will not be on your criminal record so you can relax from that, none of the offences are recordable.

For the Learner driver charge, from what I can see regarding the law learner drivers cannot drive on the motorway unless with an approved instructor in a car fitted with dual controls, so it appears you are guilty for that as well.


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Police Speeding Fines - Police 1 - speedfighter23 0
TFL traffic contraventions 0 - speedfighter23 2
Kensington and Chelsea 0 parking contraventions - speedfighter23 1
Brighton and Hove parking 0 - speedfighter23 1
Private PCN - Private Parking Solutions Limited 0 - speedfighter23 1

Tyre Puncture Pothole Claims:
0 Buckinghamshire Council - speedfighter23 1
0 TFL - speedfighter23 1

Result Pending:

1 Islington Council tyre puncture claim
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MotoPepper97
post Fri, 29 Nov 2019 - 16:51
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QUOTE (speedfighter23 @ Fri, 29 Nov 2019 - 16:49) *
This will not be on your criminal record so you can relax from that, none of the offences are recordable.

For the Learner driver charge, from what I can see regarding the law learner drivers cannot drive on the motorway unless with an approved instructor in a car fitted with dual controls, so it appears you are guilty for that as well.


Thanks for speedy response. Does this mean I cant go abroad now and have to wait for court? I dont want to go start my course come back home and be arrested for being a flight risk. sad.gif But if i dont go study i lose 1 year and have to reapply for next term. sad.gif sad.gif Is there anyway to deal with this?

Thank you!! wub.gif
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Logician
post Fri, 29 Nov 2019 - 17:09
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For offences committed on the same occasion you only get points for one offence or the higher if one is more, so you will get just 3 points. It can all be dealt with by post without physically attending. Please understand that most traffic offences are strict liability, it does not matter at all whether you meant to commit them or not. You may not have meant to drive on the motorway, speed or fail to display L plates, but it makes no difference. On the other hand if you walk out of a shop without paying but did not intend to do that, then there is no offence.


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MotoPepper97
post Fri, 29 Nov 2019 - 17:14
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QUOTE (Logician @ Fri, 29 Nov 2019 - 17:09) *
For offences committed on the same occasion you only get points for one offence or the higher if one is more, so you will get just 3 points. It can all be dealt with by post without physically attending. Please understand that most traffic offences are strict liability, it does not matter at all whether you meant to commit them or not. You may not have meant to drive on the motorway, speed or fail to display L plates, but it makes no difference. On the other hand if you walk out of a shop without paying but did not intend to do that, then there is no offence.


Oh wow I am so relieved!! blush.gif Thank you so much for this advice!! Very helpful. I only got the bloody license so I can rent out car in USA for road trips... icon_redface.gif Hopefully all goes well. Thank you again for this help.

Should I write an explanation letter for the judge or just tick the boxes accept my guilt, get the points and pay the fine? Because they are taking a bloody good time, and is it ok for me to deal from abroad in USA? Let my parents receive the letters and send off license for endorsement? Really new to all of this. I called up a solicitor yesterday for these offences and he said I am heading for disqualification and that if i go abroad i should hire him for several thousand in order to represent me. This is why I came here to get second opinions because solicitor and police statements are different unsure who to trust. icon_redface.gif

Thank you again !
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Logician
post Fri, 29 Nov 2019 - 17:28
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Traffic is a specialised subject that many solicitors that many solicitors know little about and assume it is easy, to reassure you look HERE at s.28(4), do not worry about ss.(5) it is so rarely used that even many court legal advisors do not know of it. Or of course the solicitor might have wanted to scare you into taking him on, then you would get just 3 points anyway, and he can say, "Look at the great result I got for you!"

You can expect this to take a while to reach court, the police have 6 months and often take most of that. No reason you cannot deal with it from the USA by post.

This post has been edited by Logician: Fri, 29 Nov 2019 - 17:29


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speedfighter23
post Fri, 29 Nov 2019 - 17:34
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By the way MotoPepper97, if you intend to be in the US for a whole year on a student visa, you can always get a US driving licence as well, from my friends telling me it is much easier to get than a UK one.


--------------------
Police Speeding Fines - Police 1 - speedfighter23 0
TFL traffic contraventions 0 - speedfighter23 2
Kensington and Chelsea 0 parking contraventions - speedfighter23 1
Brighton and Hove parking 0 - speedfighter23 1
Private PCN - Private Parking Solutions Limited 0 - speedfighter23 1

Tyre Puncture Pothole Claims:
0 Buckinghamshire Council - speedfighter23 1
0 TFL - speedfighter23 1

Result Pending:

1 Islington Council tyre puncture claim
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MotoPepper97
post Fri, 29 Nov 2019 - 17:38
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QUOTE (Logician @ Fri, 29 Nov 2019 - 17:28) *
Traffic is a specialised subject that many solicitors that many solicitors know little about and assume it is easy, to reassure you look HERE at s.28(4), do not worry about ss.(5) it is so rarely used that even many court legal advisors do not know of it. Or of course the solicitor might have wanted to scare you into taking him on, then you would get just 3 points anyway, and he can say, "Look at the great result I got for you!"

You can expect this to take a while to reach court, the police have 6 months and often take most of that. No reason you cannot deal with it from the USA by post.


Okay thank you, feel much more better! The police told me they would send everything next week since I kept calling them lol! tongue.gif I guess the solicitor wanted to get paid then, thanks again for all your help.


QUOTE (speedfighter23 @ Fri, 29 Nov 2019 - 17:34) *
By the way MotoPepper97, if you intend to be in the US for a whole year on a student visa, you can always get a US driving licence as well, from my friends telling me it is much easier to get than a UK one.


Oh wow was not aware of that, would of saved me so much stress and a lot of ££ on the driving lessons! laugh.gif ohmy.gif Do I have to declare the above offence when entering the USA or any applications or will it be immediately spent?

This post has been edited by MotoPepper97: Fri, 29 Nov 2019 - 17:39
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MotoPepper97
post Sat, 30 Nov 2019 - 20:17
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QUOTE (Logician @ Fri, 29 Nov 2019 - 17:28) *
Traffic is a specialised subject that many solicitors that many solicitors know little about and assume it is easy, to reassure you look HERE at s.28(4), do not worry about ss.(5) it is so rarely used that even many court legal advisors do not know of it. Or of course the solicitor might have wanted to scare you into taking him on, then you would get just 3 points anyway, and he can say, "Look at the great result I got for you!"

You can expect this to take a while to reach court, the police have 6 months and often take most of that. No reason you cannot deal with it from the USA by post.


I received the letters through the post today which are Single Justice Notice ones telling me i can plead by post or do it online. They are charging me for speeding and driving otherwise according with a license. Should I plead guilty online or write a cover letter explaining that it was an accident? huh.gif

Can you also add details of moving abroad to USA than by post as it post is slow? What sort of fine I am looking at here and which charge will they pursue for the 3 points?

Thank you!! rolleyes.gif
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The Slithy Tove
post Sat, 30 Nov 2019 - 20:22
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QUOTE (MotoPepper97 @ Fri, 29 Nov 2019 - 17:38) *
Do I have to declare the above offence when entering the USA or any applications or will it be immediately spent?
No. With Visa applications (and Visa waiver) they are not interested in minor traffic offences. Only serious crimes, acts of dishonesty (fraud, etc.), drugs offences and the like. Check whatever documentation you have for your visa, including all the paperwork you had when you applied (I assume you have a visa at this point).
QUOTE (MotoPepper97 @ Sat, 30 Nov 2019 - 20:17) *
Can you also add details of moving abroad to USA than by post as it post is slow? What sort of fine I am looking at here and which charge will they pursue for the 3 points?
Normally only takes about 3 days for post to the US, assuming you're not out in the sticks somewhere.

This post has been edited by The Slithy Tove: Sat, 30 Nov 2019 - 20:24
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MotoPepper97
post Sat, 30 Nov 2019 - 20:56
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QUOTE (The Slithy Tove @ Sat, 30 Nov 2019 - 20:22) *
QUOTE (MotoPepper97 @ Fri, 29 Nov 2019 - 17:38) *
Do I have to declare the above offence when entering the USA or any applications or will it be immediately spent?
No. With Visa applications (and Visa waiver) they are not interested in minor traffic offences. Only serious crimes, acts of dishonesty (fraud, etc.), drugs offences and the like. Check whatever documentation you have for your visa, including all the paperwork you had when you applied (I assume you have a visa at this point).
QUOTE (MotoPepper97 @ Sat, 30 Nov 2019 - 20:17) *
Can you also add details of moving abroad to USA than by post as it post is slow? What sort of fine I am looking at here and which charge will they pursue for the 3 points?
Normally only takes about 3 days for post to the US, assuming you're not out in the sticks somewhere.


Great thank you for your response! smile.gif I will be doing my MA in Connecticut. rolleyes.gif
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Logician
post Sat, 30 Nov 2019 - 23:12
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QUOTE (MotoPepper97 @ Sat, 30 Nov 2019 - 20:17) *
I received the letters through the post today which are Single Justice Notice ones telling me i can plead by post or do it online. They are charging me for speeding and driving otherwise according with a license. Should I plead guilty online or write a cover letter explaining that it was an accident? huh.gif Can you also add details of moving abroad to USA than by post as it post is slow? What sort of fine I am looking at here and which charge will they pursue for the 3 points? Thank you!! rolleyes.gif


The single justice notice procedure response forms have a section called mitigation, which means that you are guilty but there is something that you think makes it less serious, you can put in there that you made a mistake and did not intend to drive on the motorway, and apologise. That will not make much of a difference, but is worth doing. I expect that if you do it online there will be a similar section. You do need to plead guilty clearly or it may be taken as an equivocal plea in which case your case will be sent for a full trial.

Probably the 3 points will be allocated to driving otherwise than in accordance, which is aggravated by it being a motorway, they could in fact have charged you with a motorway offence that carries more points and a higher fine, but do not seem to have done that. Fines should be 50% of your net weekly income less 33% for a guilty plea for each offence, plus 10% surcharge, plus £85 costs. If they get it wrong and give you 3 points for each offence, come back and let us know so we can advise you.



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