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FightBack Forums _ Speeding and other Criminal Offences _ Worried About Loosing Licence

Posted by: N P42 Fri, 5 Jan 2018 - 19:44
Post #1344360

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?

Posted by: southpaw82 Fri, 5 Jan 2018 - 20:00
Post #1344365

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?

Posted by: N P42 Fri, 5 Jan 2018 - 20:15
Post #1344375

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

Posted by: southpaw82 Fri, 5 Jan 2018 - 20:18
Post #1344378

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.

Posted by: N P42 Fri, 5 Jan 2018 - 20:33
Post #1344388

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?

Posted by: Jlc Fri, 5 Jan 2018 - 20:37
Post #1344390

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.

Posted by: southpaw82 Fri, 5 Jan 2018 - 20:37
Post #1344391

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.

Posted by: N P42 Fri, 5 Jan 2018 - 20:50
Post #1344397

Thanks guys appreciate your opinions.

Posted by: andy_foster Fri, 5 Jan 2018 - 21:10
Post #1344403

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.

Posted by: N P42 Fri, 5 Jan 2018 - 21:27
Post #1344407

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.

Posted by: andy_foster Fri, 5 Jan 2018 - 21:47
Post #1344411

...

Posted by: cp8759 Fri, 5 Jan 2018 - 22:05
Post #1344416

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.

Posted by: N P42 Fri, 5 Jan 2018 - 22:07
Post #1344417

Thank you, I think you are right as I have payed alot of money and I still have no clue what the plan is.

Posted by: Logician Fri, 5 Jan 2018 - 23:26
Post #1344427

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.

Posted by: NeilNeil Fri, 5 Jan 2018 - 23:46
Post #1344430

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?

Posted by: N P42 Fri, 5 Jan 2018 - 23:50
Post #1344431

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.

Posted by: KH_ Sat, 6 Jan 2018 - 16:20
Post #1344565

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.


Posted by: peterguk Sat, 6 Jan 2018 - 16:24
Post #1344566

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?

Posted by: KH_ Sat, 6 Jan 2018 - 16:29
Post #1344568

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

Posted by: Jlc Sat, 6 Jan 2018 - 16:39
Post #1344574

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.

Posted by: Logician Sun, 7 Jan 2018 - 00:03
Post #1344704

QUOTE (KH_ @ Sat, 6 Jan 2018 - 16:20) *
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.


Exactly, the thing is to talk to your employer, it may well be that its fleet management policy will not routinely cover recently disqualified drivers, but may do so by arrangement and for an additional premium, which you could offer to have your salary reduced by if necessary. If that does not work, use a car of your own insured by you for a period; certainly it will be a hefty premium but being on a newly enhanced salary you might be able to afford it.


Posted by: Dwaynedouglas Mon, 8 Jan 2018 - 12:41
Post #1345117

OP, when did you pass your test? More than 2 years ago?

Posted by: N P42 Mon, 8 Jan 2018 - 13:12
Post #1345140

QUOTE (Dwaynedouglas @ Mon, 8 Jan 2018 - 12:41) *
OP, when did you pass your test? More than 2 years ago?


Hi, I have had my driving licence for 8/9 years.

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