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basic totting case, received 0 points and 6wk ban
post Fri, 4 Oct 2019 - 17:52
Post #1

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Joined: 22 Feb 2019
Member No.: 102,574

Hi, guys. I had court today and received a surprisingly good result.


> 9pts + 1 course, within a few months last year
> fourth offence committed in same period
> court date came about 10 months after the final offence
> I pleaded guilty-with-appearance

I considered an EH case and spoke to two solicitors about it who were keen to take my fee (£1000+) and thought I was in with a fighting chance, but from reading around I decided that my case was not particularly strong. I decided not to even bother with one, and to just ride out (literally) the ban and find interest in the changes in lifestyle that no-car would create.

This morning court was busy and we were approaching the end of the morning session, so I and some other attendees got moved down the corridor to see a District Judge instead of the Magistrates. The clerk began by asking whether it was true that I was here to defend the case and to please explain why I shouldn't receive a ban. I clarified that in fact, no, I was merely attending in person out of formality but didn't wish to contest the matter at all, nor claim EH. The Judge asked what I did for work and I told her. She suggested that, surely, being unable to drive would affect that - but I told her that I can commute by bicycle without a problem, and as for car-involved duties, well I'd be found other work to do instead of those.

The whole conversation lasted about 90 seconds. She thanked me for being so frank and honest, and said that she's going to hand me no points (so I don't tot) but a 6 week ban and a fine that was under £150. I thanked her for the surprising and generous outcome.

I guess she was in a good mood and glad that everyone was going to lunch next!

All I can suggest is maybe that if you have only a weak EH case, don't insult their intelligence with it. They must hear crappy EH cases all the time and get tired of it, and maybe someone coming in and just saying, "Yep, I'm here for the ban - no worries," is a refreshing change. But, ultimately, I don't know why she was lenient and I didn't stick around to find out.

Good luck to everyone else!

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post Fri, 4 Oct 2019 - 17:52
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post Sun, 6 Oct 2019 - 07:53
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Group: Members
Posts: 46,393
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317

Very generous and completely at odds with sentencing guidelines and the clear intent of our parliament. If it wasn’t just speeding I think the CPS would be appealing sentence, but great result none the less.

There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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post Sun, 6 Oct 2019 - 12:41
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Joined: 12 Jun 2008
From: West Sussex
Member No.: 20,304

A well thought out sentence really as it leaves the OP with 9 points still and having to drive like a saint after this ban.
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