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FightBack Forums _ Speeding and other Criminal Offences _ First time court attendance.

Posted by: 3lward Wed, 7 Mar 2018 - 22:51
Post #1364936

Evening.

Had a NIP through today for doing 63 in a 30 it was at 7.50am on a 2 mile 2 laned straight on an industrial estate. I have no excuse for what I have done and I know I am going to get summoned to court.

I'm a bit apprehensive on what punishment to expect and what to say in court as I have never been in this position before. I've held a clean licence for almost 6 years now and I have no other criminal convictions, I also work in the motor trade as a parts specialist so my licence is quite important to my job role plus the fact I have just found out my wife is expecting which is another reason to want to keep my licence! Im obviously going to plead guilty to the charge and hope for the best but if anybody could advise one extremely anxious 26 year old I would be grateful. Thanks!

Posted by: Jlc Wed, 7 Mar 2018 - 23:07
Post #1364939

That excess is odds on for a short ban. Possibly somewhere around 1-2 months.

6 points is the alternative - you may be able to influence the bench towards points but you don’t get a choice.

The fine will be 1 weeks's earnings along with costs of £85 and surcharge of 10% of the fine (min £30).

Posted by: 3lward Wed, 7 Mar 2018 - 23:11
Post #1364943

I thought as much after trawling forums for hours! I'm pretty cheesed off with myself and I have no excuse for it. Just turn up and take it on the chin.

I'm more worried about the actual questions I'll be asked.

Posted by: The Rookie Thu, 8 Mar 2018 - 06:58
Post #1364959

No reason you will be asked any question if after being asked if you have anything to say, you say no.

What is done is done, if you present some sort of mitigation then you’ll be asked about that, but no-one will demand to know why you were driving at that speed.

Posted by: Jlc Thu, 8 Mar 2018 - 07:24
Post #1364965

You will get a chance to submit a postal plea first and it’s a long shot but could get 6 points but it’s far more likely you’ll have to attend court for them to consider the ban.

Any ban is immediate so you cannot drive home.

Posted by: 3lward Thu, 8 Mar 2018 - 08:09
Post #1364972

Ok thanks for the advice. Can I do a postal plea first then get summoned to court or is It better to just refuse the postal plea and just attend court first as last?

Posted by: Jlc Thu, 8 Mar 2018 - 08:11
Post #1364973

There’s nothing to be lost in trying the postal plea - well, assuming you’d prefer an initial shot at 6 points?

Posted by: 3lward Thu, 8 Mar 2018 - 09:11
Post #1364977

Well yes that is the ideal outcome I just didn't want so surrender my chance of representing myself in court by submitting a postal plea.
Thanks again.

Posted by: notmeatloaf Thu, 8 Mar 2018 - 11:07
Post #1365012

QUOTE (3lward @ Thu, 8 Mar 2018 - 09:11) *
Well yes that is the ideal outcome I just didn't want so surrender my chance of representing myself in court by submitting a postal plea.
Thanks again.

If they are considering banning you (which is very likely) the case will get sent to court and you will not be disadvantaged in any way.

As has been said if you prefer points you can try and lead the magistrates in that direction, e.g. "I appreciate at that speed a significant number of points are inevitable and they will be a constant reminder to me over the coming years to pay attention to speed limits". Anecdotally it sometimes works.

Be cautious not to appear to be making excuses though, e.g. that the speeding was somehow a lesser offence due to the nature of the road. It can come across as an "I know best when limits can be ignored". Contrite and apologetic is the way to go.

Posted by: 3lward Thu, 8 Mar 2018 - 11:50
Post #1365022

To be honest I'm not looking to excuse myself as it was a stupid thing to do and a complete error of judgement. I've driven that road every day for 3 bloody years too!

As I work in the motor trade my licence is quite important does supporting statements from employers help? I work for a family run business so it will be coming from the managing director.

Also as regards to insurance for next year what is worse, having a short ban and no points or 6 points?

Thanks

Posted by: nosferatu1001 Thu, 8 Mar 2018 - 12:03
Post #1365028

As said above, if you plead guilty the SJP may give you two shots. If you say the phrase above it may mind them to consider 6 points is 3 years of pain.

Posted by: Logician Thu, 8 Mar 2018 - 12:22
Post #1365032

QUOTE (3lward @ Thu, 8 Mar 2018 - 11:50) *
Also as regards to insurance for next year what is worse, having a short ban and no points or 6 points? Thanks


You can get an idea of that by getting dummy quotes on a comparison site, do not use your real name or address though, because records can be kept.


Posted by: 3lward Thu, 8 Mar 2018 - 12:58
Post #1365038

QUOTE (nosferatu1001 @ Thu, 8 Mar 2018 - 12:03) *
As said above, if you plead guilty the SJP may give you two shots. If you say the phrase above it may mind them to consider 6 points is 3 years of pain.


Sorry I'm not following?

Posted by: BaggieBoy Thu, 8 Mar 2018 - 13:17
Post #1365047

QUOTE (3lward @ Thu, 8 Mar 2018 - 12:58) *
QUOTE (nosferatu1001 @ Thu, 8 Mar 2018 - 12:03) *
As said above, if you plead guilty the SJP may give you two shots. If you say the phrase above it may mind them to consider 6 points is 3 years of pain.


Sorry I'm not following?

Read post #9.

Posted by: Jlc Thu, 8 Mar 2018 - 13:25
Post #1365048

SJP is the the postal procedure. Single Justice Procedure - where a single Magistrate considers the matter on papers only. The usual procedure would be to revert to a normal court hearing should they want to consider a ban as they would normally only issue points. (As the ban is immediate there's a possibility you would not be aware of such a ban)

In terms on insurance a ban would normally be loaded more than 6 points but it depends on your circumstances and insurer. The point about pain is being closer to totting (12 points within 3 years) - a 6 month ban. (Possible to reduce with an exceptional hardship plea)

Such points would be a longer lasting reminder than a spent ban.

Posted by: 3lward Thu, 8 Mar 2018 - 14:51
Post #1365064

Ok thanks for the info you've been a great help. So fingers crossed somebody nice comes across my postal plea and if I put a strong case across for them to consider me keeping my licence I should receive 6 points and a hefty fine? Obviously I'm not holding out for this I'm preparing myself for the worst which is a 56 day ban.

I totted up to 6 points many moons ago and they expired around 4 years ago. Can they see your previous convictions?

Posted by: Jlc Thu, 8 Mar 2018 - 15:07
Post #1365075

QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
Ok thanks for the info you've been a great help. So fingers crossed somebody nice comes across my postal plea and if I put a strong case across for them to consider me keeping my licence I should receive 6 points and a hefty fine? Obviously I'm not holding out for this I'm preparing myself for the worst which is a 56 day ban.

Actually, it could be more than 56 days but probably unlikely:

QUOTE
Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.


QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
I totted up to 6 points many moons ago and they expired around 4 years ago. Can they see your previous convictions?

Yes.

Posted by: NewJudge Thu, 8 Mar 2018 - 15:08
Post #1365076

QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
...I should receive 6 points and a hefty fine?

The fine will be the same whether you are disqualified or receive six points. There is no "trade off" between points/ban and the fine. It will be a week's net income (which includes a third off for your guilty plea). You will also pay £85 costs and a surcharge of 10% of the fine (minimum £30).

You should realise that you are well into ban territory. The guidelines provide the option of a ban (of up to 28 days) from 41mph. However the top band of seriousness where a ban is far more likely begins at 51mph. Magistrates are not restricted to 56 days. Where speed is "excessive" they can consider a longer disqualification. It is up to them whether they consider more than twice the limit to be excessive. Personally I believe you will extremely fortunate to walk away with six points.
QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
Can they see your previous convictions?

They are unlikely to be given details of your previous offences and even if they are it is not likely to have any effect.


Posted by: 3lward Thu, 8 Mar 2018 - 16:02
Post #1365099

QUOTE (NewJudge @ Thu, 8 Mar 2018 - 15:08) *
QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
...I should receive 6 points and a hefty fine?

The fine will be the same whether you are disqualified or receive six points. There is no "trade off" between points/ban and the fine. It will be a week's net income (which includes a third off for your guilty plea). You will also pay £85 costs and a surcharge of 10% of the fine (minimum £30).

You should realise that you are well into ban territory. The guidelines provide the option of a ban (of up to 28 days) from 41mph. However the top band of seriousness where a ban is far more likely begins at 51mph. Magistrates are not restricted to 56 days. Where speed is "excessive" they can consider a longer disqualification. It is up to them whether they consider more than twice the limit to be excessive. Personally I believe you will extremely fortunate to walk away with six points.
QUOTE (3lward @ Thu, 8 Mar 2018 - 14:51) *
Can they see your previous convictions?

They are unlikely to be given details of your previous offences and even if they are it is not likely to have any effect.



To be honest I'm seeing alot of conflicting stories and opinions. I'm just gonna have to go in and hope for the best. What ever will be will be whatever they give me won't be more than I'm already punishing myself!

Posted by: Jlc Thu, 8 Mar 2018 - 17:44
Post #1365130

QUOTE (3lward @ Thu, 8 Mar 2018 - 16:02) *
To be honest I'm seeing alot of conflicting stories and opinions.

I think it's mostly consistent:

Try the postal plea but will probably adjourn for a court hearing.
Assume a ban (around 2 months), and 6 points is a long shot.

Posted by: nosferatu1001 Thu, 8 Mar 2018 - 21:09
Post #1365191

You’re not making a strong case for having your licence kept

You’re trying to steer them towards 6 points because of the long lasting effect it will have on you.

Posted by: 3lward Fri, 9 Mar 2018 - 10:41
Post #1365318

QUOTE (nosferatu1001 @ Thu, 8 Mar 2018 - 21:09) *
You’re not making a strong case for having your licence kept

You’re trying to steer them towards 6 points because of the long lasting effect it will have on you.


I haven't made a case yet. What I stated in the original post was MY reasons for wanting to keep my licence. I will be making mitigation statement this weekend in preparation along with a statement from my employer. If it doesn't work it doesn't work Its out of my control.

Posted by: nosferatu1001 Fri, 9 Mar 2018 - 11:06
Post #1365332

That wasnt the suggestion from others
You do not mitigate here - that would suggest the offence has been lessened.

You plead guilty and state that you are truly sorry and known they have no choice but to give you 6 points, leaving you on 9 and with a certain knowledge of a 6 month ban in the next 3 years should you make another error.

Youre trying to steer them into 6 points being HARSHER than a ban, as theyre going to want to be harsh on you given the excess. DOes that strategy make sense now?

Posted by: 3lward Fri, 9 Mar 2018 - 11:44
Post #1365351

QUOTE (nosferatu1001 @ Fri, 9 Mar 2018 - 11:06) *
That wasnt the suggestion from others
You do not mitigate here - that would suggest the offence has been lessened.

You plead guilty and state that you are truly sorry and known they have no choice but to give you 6 points, leaving you on 9 and with a certain knowledge of a 6 month ban in the next 3 years should you make another error.

Youre trying to steer them into 6 points being HARSHER than a ban, as theyre going to want to be harsh on you given the excess. DOes that strategy make sense now?


I have a clean licence.

And yes I understand what your trying to say. To be honest the ban would be more detrimental to me due to my wife being pregnant and having health problems leaving her unable to drive at times.

Posted by: nosferatu1001 Fri, 9 Mar 2018 - 13:49
Post #1365395

We know that the ban would be worse for you
THe court doesnt.

Posted by: NewJudge Fri, 9 Mar 2018 - 13:55
Post #1365399

QUOTE (3lward @ Fri, 9 Mar 2018 - 11:44) *
To be honest the ban would be more detrimental to me due to my wife being pregnant and having health problems leaving her unable to drive at times.

Strictly speaking you have no right to argue any sort of "Exceptional Hardship" a ban might bring. (That is only available for "totting up" disqualifications). However the Magistrates (or District Judge) will listen to anything you have to say. You might, just might, be able to convince them to award six points instead of a ban if you mention these difficulties. However my earlier misgivings (that a ban is almost a certainty) remain.

Posted by: nosferatu1001 Fri, 9 Mar 2018 - 14:39
Post #1365418

Hence two bites at the cherry? Pleading guilty to the SJPN at least means two sets of people will have to look at it, worst case.

Posted by: 3lward Fri, 9 Mar 2018 - 14:55
Post #1365425

QUOTE (nosferatu1001 @ Fri, 9 Mar 2018 - 14:39) *
Hence two bites at the cherry? Pleading guilty to the SJPN at least means two sets of people will have to look at it, worst case.


That's what I'm thinking. I'm obviously going to plead guilty to the charge & to he honest I'm expecting a ban and I wouldn't expect anything less for such a stupid mistake, I just hope the judge will understand some of my circumstances and hope I make a good representation in court if it gets to that. Better dust off my suit!

Posted by: Jlc Fri, 9 Mar 2018 - 15:28
Post #1365438

As an aside, congrats on the pregnancy.

In terms of timing these cases can often take quite a time to come to court. They have 6 months to commence a prosecution and are often 'left' until that time...

The court hearing may also be after that too - and remember the SJPN process also takes time. (It could be 8-9 months time before the ban comes into effect!)

Posted by: 3lward Fri, 9 Mar 2018 - 16:32
Post #1365458

QUOTE (Jlc @ Fri, 9 Mar 2018 - 15:28) *
As an aside, congrats on the pregnancy.

In terms of timing these cases can often take quite a time to come to court. They have 6 months to commence a prosecution and are often 'left' until that time...

The court hearing may also be after that too - and remember the SJPN process also takes time. (It could be 8-9 months time before the ban comes into effect!)


Thanks!

To be honest the bigger picture Is that I'm expecting a child so the driving offence has taken a back seat which is good for my mental health as I to tend to get extremely worried about things like these and i know it's not going to get resolved overnight.

Posted by: notmeatloaf Fri, 9 Mar 2018 - 21:37
Post #1365530

I would just repeat that you need to focus on how much the six points will be a lesson to you, how hard it will affect you rather than talking down the offence. If you haven't been to a magistrates court before it's worth going to watch some traffic offences. It really is like a sausage factory for a guilty plea - you will likely be in, sentenced and out within a few minutes.

You don't have strong mitigating circumstances. Bearing in mind it is near impossible to mitigate down to less than either six points or a ban, and the fine is income-based, you need to apologise quickly and then make the most of your remaining couple of minutes to push home the "points will teach me a lesson" argument. Otherwise, if you don't mind me saying, that message will get lost in a sea of irrelevance.

I don't mean to be harsh but if you have never been to a court you may imagine it's like something out of a film, with well dressed people making eloquent points. Magistrates court is nothing like that.

Posted by: 3lward Sat, 10 Mar 2018 - 12:48
Post #1365607

To be honest after thinking about it, the points will be more a punishment for me as I will then have to be careful for the next few years. Where as a ban will obviously punish me in the short term but then I will come out the other end with still a clean licence. Plus the fact that a ban will be punishing my immediate family including my pregnant wife and if it takes as long as people have stated she will have just given birth.

Bloody hell what a mess I'm so gutted.

Posted by: NewJudge Sun, 11 Mar 2018 - 16:28
Post #1365807

QUOTE (3lward @ Sat, 10 Mar 2018 - 12:48) *
I will come out the other end with still a clean licence. Plus the fact that a ban will be punishing my immediate family including my pregnant wife and if it takes as long as people have stated she will have just given birth.


You won't have a "clean" licence. Although you will have no penalty points you will have an endorsement for an offence for which you were disqualified. This will have to be declared to insurers and, if appropriate, to your employers.

As I mentioned earlier, the question of "Hardship" to be visited on you or others is not, strictly speaking, a consideration where an immediate ban for a single offence is concerned.

Posted by: andy_foster Sun, 11 Mar 2018 - 18:41
Post #1365831

So, to recap, your vehicle was caught [allegedly] speeding by a speed camera (either fixed or a camera van) and you received a NIP through the post, which states that the as yet unknown (to them) driver is alleged to have committed an offence, and a requirement to name the driver - failure to comply with which is a separate offence which carries 6 points (with an insurance unfriendly endorsement code of MS90), but would make it all but impossible to convict the driver for speeding?


Posted by: 3lward Sun, 11 Mar 2018 - 19:40
Post #1365856

QUOTE (andy_foster @ Sun, 11 Mar 2018 - 18:41) *
So, to recap, your vehicle was caught [allegedly] speeding by a speed camera (either fixed or a camera van) and you received a NIP through the post, which states that the as yet unknown (to them) driver is alleged to have committed an offence, and a requirement to name the driver - failure to comply with which is a separate offence which carries 6 points (with an insurance unfriendly endorsement code of MS90), but would make it all but impossible to convict the driver for speeding?


I have filled the NIP out and sent it back to them, I was the driver at the time as I am the only driver of my vehicle. I'm not going to deny something I have been caught doing clear as day.

Posted by: peterguk Sun, 11 Mar 2018 - 19:44
Post #1365858

QUOTE (3lward @ Sun, 11 Mar 2018 - 19:40) *
QUOTE (andy_foster @ Sun, 11 Mar 2018 - 18:41) *
So, to recap, your vehicle was caught [allegedly] speeding by a speed camera (either fixed or a camera van) and you received a NIP through the post, which states that the as yet unknown (to them) driver is alleged to have committed an offence, and a requirement to name the driver - failure to comply with which is a separate offence which carries 6 points (with an insurance unfriendly endorsement code of MS90), but would make it all but impossible to convict the driver for speeding?


I have filled the NIP out and sent it back to them, I was the driver at the time as I am the only driver of my vehicle. I'm not going to deny something I have been caught doing clear as day.



As you've replied, it's irrelephant now, but Andy was not suggesting you deny being the driver. He was simply stating that had you chosen tnot to reply to the NIP, you would have been charged with an offence unrelated to the speeding.

Posted by: 3lward Sun, 11 Mar 2018 - 20:09
Post #1365865

QUOTE (peterguk @ Sun, 11 Mar 2018 - 19:44) *
QUOTE (3lward @ Sun, 11 Mar 2018 - 19:40) *
QUOTE (andy_foster @ Sun, 11 Mar 2018 - 18:41) *
So, to recap, your vehicle was caught [allegedly] speeding by a speed camera (either fixed or a camera van) and you received a NIP through the post, which states that the as yet unknown (to them) driver is alleged to have committed an offence, and a requirement to name the driver - failure to comply with which is a separate offence which carries 6 points (with an insurance unfriendly endorsement code of MS90), but would make it all but impossible to convict the driver for speeding?


I have filled the NIP out and sent it back to them, I was the driver at the time as I am the only driver of my vehicle. I'm not going to deny something I have been caught doing clear as day.



As you've replied, it's irrelephant now, but Andy was not suggesting you deny being the driver. He was simply stating that had you chosen tnot to reply to the NIP, you would have been charged with an offence unrelated to the speeding.


But a insurance killing offence code which could be possibly worse. Anyway I'm just playing a waiting game now. I will take what's coming on the chin and move on.

Posted by: notmeatloaf Sun, 11 Mar 2018 - 20:44
Post #1365878

QUOTE (3lward @ Sun, 11 Mar 2018 - 20:09) *
But a insurance killing offence code which could be possibly worse. Anyway I'm just playing a waiting game now. I will take what's coming on the chin and move on.

Everything is relative, if you have to take two months off work because you can't drive plus the increase in insurance from the ban then you're probably out of pocket.

But seeing as you don't seem sure which you want, six points, ban, or just luck of the draw it is very difficult to give meaningful advice.

Posted by: 3lward Mon, 12 Mar 2018 - 19:08
Post #1366139

QUOTE (notmeatloaf @ Sun, 11 Mar 2018 - 20:44) *
QUOTE (3lward @ Sun, 11 Mar 2018 - 20:09) *
But a insurance killing offence code which could be possibly worse. Anyway I'm just playing a waiting game now. I will take what's coming on the chin and move on.

Everything is relative, if you have to take two months off work because you can't drive plus the increase in insurance from the ban then you're probably out of pocket.

But seeing as you don't seem sure which you want, six points, ban, or just luck of the draw it is very difficult to give meaningful advice.


I'm not going to lose my job but certain parts of my job role will be difficult without a licence. My main concern is my pregnant wife and child to be & if it takes 8+ months to resolve then my wife will be full term and probably unable to drive and due to current health problems with blood pressure, I can see the GP advising against driving at the later stages of her pregnancy. That is my reason for needing to keep my licence.

Posted by: andy_foster Mon, 12 Mar 2018 - 20:35
Post #1366168

QUOTE (notmeatloaf @ Sun, 11 Mar 2018 - 20:44) *
Everything is relative, if you have to take two months off work because you can't drive plus the increase in insurance from the ban then you're probably out of pocket.

But seeing as you don't seem sure which you want, six points, ban, or just luck of the draw it is very difficult to give meaningful advice.


The OP had sought advice as to what to expect. He has been told what to expect. He has also been advised what would be likely to happen if he failed to name the driver. He has indicated that he intends to play it straight. It is perfectly lawful to explain how the law works and the consequences of certain actions or inactions. Trying to encourage him to commit an offence is not lawful and is not tolerated on this site. It seems to me that it could be argued either way that you were or were not encouraging him - but you are far closer to 'the line' than I would be minded to tread, and I would question your ability to assess exactly where the line is.

TL;DR - wind your neck in.

Posted by: notmeatloaf Mon, 12 Mar 2018 - 21:24
Post #1366188

Seeing as I wasn't encouraging him, your post somewhat irrelevant. The OP seems unable to decide what would be the best outcome. It is an important decision to make especially with a heavily pregnant father and a job that requires a licence.

The OP is not the first to feel remorseful, but they need to try and focus that on not getting any more tickets, and get the best outcome for this offence as well.

Posted by: peterguk Mon, 12 Mar 2018 - 21:32
Post #1366194

QUOTE (notmeatloaf @ Mon, 12 Mar 2018 - 21:24) *
heavily pregnant father


ohmy.gif

Posted by: notmeatloaf Mon, 12 Mar 2018 - 22:07
Post #1366209

QUOTE (peterguk @ Mon, 12 Mar 2018 - 21:32) *
QUOTE (notmeatloaf @ Mon, 12 Mar 2018 - 21:24) *
heavily pregnant father


ohmy.gif

It makes a driving ban look easy in comparison happy.gif

Posted by: 3lward Tue, 13 Mar 2018 - 13:24
Post #1366367

Points and fine would be the best outcome but I'm not banking on that. I will try and suggest that the points will be more of a punishment for me than a ban due to running the risk of totting up in the future. I've gathered all the advice I need so the admin can lock the thread if you wish.

Posted by: squaredeal Tue, 13 Mar 2018 - 16:23
Post #1366444

QUOTE (3lward @ Tue, 13 Mar 2018 - 13:24) *
Points and fine would be the best outcome but I'm not banking on that. I will try and suggest that the points will be more of a punishment for me than a ban due to running the risk of totting up in the future. I've gathered all the advice I need so the admin can lock the thread if you wish.

Best not to lock a thread before you've had chance to update with your court result; this will help future members who may find themselves in a similar situation. Good luck in court.

Posted by: 3lward Fri, 20 Apr 2018 - 18:53
Post #1376035

Well a bit of an update.... I have received nothing back after sending off the NIP, it does state to ring them after 28 days of no reply but I've just left it. NIP was signed for on the 9/3 and today's date is 20/4. At what point does it become time barred?

Posted by: The Rookie Fri, 20 Apr 2018 - 19:14
Post #1376042

Proceedings have to be started within 6 months of the alleged offence, it may take a few weeks then for you to be made aware of the proceedings.

And they usually use that full 6 months.

Posted by: 3lward Fri, 20 Apr 2018 - 19:20
Post #1376044

QUOTE (The Rookie @ Fri, 20 Apr 2018 - 19:14) *
Proceedings have to be started within 6 months of the alleged offence, it may take a few weeks then for you to be made aware of the proceedings.

And they usually use that full 6 months.


I thought that. Bloody waiting game now.

Posted by: 3lward Sat, 30 Jun 2018 - 23:30
Post #1395131

Well still nothing through. Possibly a slight change in circumstances
I may be on the verge of taking on a new job that will involve a much longer daily commute and a company van that will require me to be on emergency call out 2 weeks of the month. I have mentioned before that I will have a new born baby around the time of a possible ban so it could have catastrophic consequences with my wife also being off on maternity. Would I have a case for "Exceptional Hardship"?

Posted by: peterguk Sun, 1 Jul 2018 - 00:18
Post #1395132

QUOTE (3lward @ Fri, 20 Apr 2018 - 19:53) *
At what point does it become time barred?


They have 6 months from date of offence to commence proceedings. You may not hear for a couple of weeks after the 6 months are up.

Posted by: NewJudge Sun, 1 Jul 2018 - 11:35
Post #1395170

QUOTE (3lward @ Sun, 1 Jul 2018 - 00:30) *
Would I have a case for "Exceptional Hardship"?


No. (See my post no. 26).

Do your prospective employers know of your potential problems? If you don't tell them and you are disqualified they have a case for dismissing you pronto. If you tell them now they may not give you the job but if they do they would have done so fully aware of your circumstances. If you tell them now at least you will know where you stand.

Posted by: notmeatloaf Sun, 1 Jul 2018 - 13:15
Post #1395184

As NewJudge says no exceptional hardship for one off offences, only totting bans. However, working in the motor trade you may have a strong potential persuasion towards points,

"I rely on my licence for work and this incident has made me realise, quite apart from the serious and unnecessary danger I put others and myself at that day, I also jeopardised a licence that is crucial to provide for my family. I understand I will be receiving a large number of points. Rest assured they will act as a constant reminder to moderate my speed every time I drive over the coming years. I never want to be in this position, using valuable court time, again."

Fall on your sword, lay it on nice and thick.

Posted by: 3lward Sun, 1 Jul 2018 - 18:27
Post #1395214

Great thanks for that notmeafloaf.

Posted by: 3lward Wed, 18 Jul 2018 - 18:46
Post #1400149

I have received my SJPN through today. Most of it is self explanatory but I have a few questions to ask :-

1) there is a options table stating, Guilty I do NOT want come to court, guilty I DO want to come to court and not guilty send me notice of my trial. I am pleading guilty but obviously would like this dealt with through the SJPN but I do not want to surrender presenting myself in court if the SJPN doesn't resolve my issue.

2) I am currently in the process of starting a new job, do I put my current occupation and salary down or my new one?

3) it asks for number of dependents, like I've stated previously my wife is currently pregnant and the baby is due in October so shall I put 0 or 1?

4) it also states I can enter my plea online, would this hinder me in anyway?

Sorry to ask what seems obvious questions but I want to fill my SJPN correctly to give me the best possible outcome.

Thanks

Posted by: NewJudge Wed, 18 Jul 2018 - 18:58
Post #1400158

QUOTE (3lward @ Wed, 18 Jul 2018 - 19:46) *
1) I am pleading guilty but obviously would like this dealt with through the SJPN but I do not want to surrender presenting myself in court if the SJPN doesn't resolve my issue.

To be sure of presenting your case in court you must decline the SJP and opt for a normal court hearing. The SJ may adjourn the matter and give you an opportunity to attend by you cannot rely on that.

Quite honestly, the answers you give to the other questions will not have a significant influence on the outcome.

Entering your plea online will not hinder you at all (but bear in mind the above about attending in person).



Posted by: 3lward Thu, 19 Jul 2018 - 10:46
Post #1400317

But they cannot ban me from a SJPN? So it I state that I do not want to go to court and the SJPN does not resolve my case then it will go to court anyway?

Posted by: southpaw82 Thu, 19 Jul 2018 - 10:54
Post #1400322

QUOTE (3lward @ Thu, 19 Jul 2018 - 11:46) *
But they cannot ban me from a SJPN? So it I state that I do not want to go to court and the SJPN does not resolve my case then it will go to court anyway?

They can but I understand the normal practice is not adjourn to a full court hearing where you are present. Otherwise, you risk inadvertently driving while disqualified.

Posted by: NewJudge Thu, 19 Jul 2018 - 11:16
Post #1400331

Yes, it depends where your matter is being dealt with. In some areas SJs impose disqualifications, in others they adjourn to a full court hearing. The only way you can be certain of being able to present your case to the court is to ask for a full court hearing.

Posted by: 3lward Wed, 1 Aug 2018 - 19:50
Post #1404289

I am currently filling in my SJPN online and it is asking my salary. Would this be my basic salary or including overtime as I work quite a lot of overtime per week. Thanks

Posted by: cp8759 Wed, 1 Aug 2018 - 21:17
Post #1404319

QUOTE (3lward @ Wed, 1 Aug 2018 - 20:50) *
I am currently filling in my SJPN online and it is asking my salary. Would this be my basic salary or including overtime as I work quite a lot of overtime per week. Thanks

As I understand it normal practice is to work out the average over the past 12 weeks and put that down as the weekly income.

Posted by: 3lward Thu, 9 Aug 2018 - 14:10
Post #1406630

Had my result. 6 points and a £418 fine. Dealt with SJPN

Thanks for your help

Posted by: The Rookie Thu, 9 Aug 2018 - 16:03
Post #1406664

That was a decent result.

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