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Got court on Friday, don't know what to do. Please help
RichardI
post Sat, 4 Oct 2008 - 15:58
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Hello.

Got caught doing 112mph on the M6 at Lymm on 3/8/08 by unmarked traffic car. Got NIP through and due in court on Friday 10th. I spoke to keepondriving.com, who, based on what i told them, and my circumstances, advised that i should represent myself as i am going to plead guilty.

I am reasonably happy to speak in court, but very unsure of what to do. I have read a lot of posts highlighting importance of appearance, politeness and so on, but I do not know what to do with the like of the income/outgoings form and the letter that i'll get from my company saying I need my license for my job. Can someone please advise as to the process of court, from turning up an hour before, to what stages are actually involved in the court room.

I plan to admit to what I did, and highlight that there is no excuse for this. I had driven to Scotland for a family members funeral and had been held up in bad traffic, but that this is in no way justification for breaking the limit. My actions may well put my job in jeopardy and has caused me considerable distress and worry over the last few months.

Also, if the income/outgoings form shows a reasonable amount of money left at the end of each month, is this likely to influence a larger fine and less of/no ban?

I have visions of large fines and 6 month to 1 year bans. Realistically, what sort of punishment do you think i'm likely to be facing?

Sorry to ask so many questions, i'm just starting to get to the panic stage. huh.gif

Also, the officers statement highlights that weather was fine, road dry and visibility good. I had 6 points on my license 5 years ago which are still marked on the counter part (had to resit test at the time - newly qualified rule). License also has old address on it - but still have family there and contactable through it.





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post Sat, 4 Oct 2008 - 15:58
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Hotel Oscar 87
post Sat, 4 Oct 2008 - 16:07
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Before you progress further I suggest that you make use of the resources on these two links - here and here. They both contain useful guidance on procedure and preparing a plea of mitigation. If you have further questions by all means return here with them.


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“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a tu.rd by the clean end.” - R.J. Wiedemann, Lt. Col. USMC Ret.
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RichardI
post Sun, 5 Oct 2008 - 17:08
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Thank you very much - somehow missed the whole FAQ section. The mitigation examples were very useful. So far I've come up with the following:

"First of all I want to say that I am ashamed to be in court and that I am not here to defend my actions, of which I fully understand the seriousness of and wholeheartedly admit to. For his reason, and so as not to waste the courts time I have pleaded guilty.

I am not a regular excessive speeder and I genuinely believe that speeding is a very serious offence & I cannot offer any excuse or explanation as to why I should be travelling at that speed.

To take nothing away from the seriousness of what I have done, I was returning from Scotland from a family funeral which had ended in a family argument. There had been extremely heavy traffic on the M74 and I had sat in stationary traffic for 3 hours, in what is usually the clear part of the drive to London. These events were playing on my mind at the time, and combined with the decrease in the volume of traffic resulted in a momentary lapse in judging my speed. However, in no way whatsoever do I regard this as a justification or excuse for my actions. As I said to officer xxxxxx at the time, ‘there’s no excuse’.

I received 3 points for speeding nearly 5 years ago, and thought I had learnt my lesson. Since then I have taken pride in the manner in which I drive and my good driving record, especially given the high number of miles I travel.

I realise that the offence puts me in a situation where my license can be taken away but I do wish for you to consider the possible effects this may have on my employment. My company have not gone as far as saying this, but I genuinely fear that losing my license may result in a change of position, as my ability to drive all over the country is necessary for my job.

If the court can see its way to enabling me to continue driving I will ensure that I will not exceed speed limits as it has really made me realise just how foolish my actions have been, and how they can not only affect those on the road but also others around me. I would also take steps to try to make sure that this would never happen again and I am very willing to attend any driving course that may help in this decision. Last week I took part in an advanced road safety course, and I have been looking into the advanced motoring test.

That’s all that I would like to say. Please rest assured that regardless of what punishment you deem necessary, I will not put myself in this position again, and I will endeavor wholeheartedly to ensure that my driving is impeccable at all times."


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RichardI
post Sun, 5 Oct 2008 - 17:26
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Hi again,

Having trawled though the forums and legislation for nearly 2 full days, I am still unsure of a few things. Can someone please help.

1. Should I send the income/expenditure form and an notice of my intention to plead guilty to the clerk of the court, or just take them with me on Friday?
2. After I arrive at court and introduce myself to the usher, do I give the usher the bundle of paperwork, or the clerk, or do I hand these to the magistrate when the hearing begins?
3. By self-representing, am I then a 'litigant in person', and if so, does this mean that I have to prepare a written summary of my argument and prepare a bundle of documents?
4. If I have to do this written summary of my argument, do I need to send this to the clerk of the court before I attend? (also, there is no 'mitigation box' on the back of the summons like other i've read about)
5. Should I also take along a copy of the company car insurance policy?

Thanks in advance for any help you can suggest.

Richard


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jobo
post Mon, 6 Oct 2008 - 09:41
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1) Take it with you

2)keep hold of everthing yourself or some one will loose it

3 your pleading guilty, what argument were you thinking of having

4)) As above

5) cant do any harm



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