Help - Search - Members - Calendar
Full Version: Plea Bargained MS90 & Speeding successfully...then two more turn up
FightBack Forums > Queries > Speeding and other Criminal Offences
booyip
Typical MS90 story - moved house 2 years ago, didn't change V5C address, then earlier this year I got a speeding notice from offence committed on 10/05/2015 and FTF notice. I changed the V5C address straight away and then thanks to this forum, read up and went to court, they drop the 172 and I plea guilty to the speeding. 3 points, £100 fine and lesson learned.

Then the other day I get a new letter from Magistrates Court with "Notice of New Date of Hearing" listing four new offences (the first I knew of any other offences existing).
- 1 speeding notice for 1/7/2015 + Failure to Furnish
- 1 speeding notice for 2/7/2015 + Failure to Furnish
Both are for 37mph in a 30. These are 1 day apart from the same camera.

The hearing date is set for September 2016 so I have some time to prepare. Worryingly, the letter states "The matter has been adjourned because ... the court is considering whether to disqualify you from driving because of the seriousness of the offence(s) or the number of penalty points on your driving record".

Also, I am the registered keeper of the vehicle but there is a reasonable possibility my partner was driving for both speeding offences. I suspect this is not that helpful to me anyway, as surely I can't plea bargain to drop the MS90 then suggest they take up the speeding matter with my wife?

1) Any idea what the best course of action is in this situation? Or likely best/worst outcome.
2) How/Where can I find out if any more speeding fines or F2F notices are waiting for me?
3) Do I need to Lawyer up?
4) Could speed awareness course be offered at all to reduce some points?

Any info much appreciated.
Kickaha
The matter has been adjourned as if you are found guilty of both 172s then you will be up for a totting ban.

You are correct, if your partner was the driver it would put you in a worst position with regards to a plea bargain (obviously this does not change the fact that you should be truthful).

You will not be offered a course as it is not within the courts powers.

Your best bet is to do the same this time as you did last time (if you were the driver) as whatever the circumstances 6 points is far better than 12.

How many points are you sitting on at the moment? If 6 or more then you need to start working on a hardship statement if you want to keep your license.
andy_foster
QUOTE (booyip @ Thu, 14 Jul 2016 - 23:48) *
The hearing date is set for September 2016 so I have some time to prepare. Worryingly, the letter states "The matter has been adjourned because ... the court is considering whether to disqualify you from driving because of the seriousness of the offence(s) or the number of penalty points on your driving record".


That is quite worrying, because the court should not be considering whether to disqualify you until after you have been convicted. That said, court notices aren't always the most accurate of documents.

QUOTE
Also, I am the registered keeper of the vehicle but there is a reasonable possibility my partner was driving for both speeding offences. I suspect this is not that helpful to me anyway, as surely I can't plea bargain to drop the MS90 then suggest they take up the speeding matter with my wife?


A plea bargain where you give the prosecutor absolutely nothing in return for him dropping the s. 172. They say that God loves a trier, but there are limits.

QUOTE
1) Any idea what the best course of action is in this situation? Or likely best/worst outcome.


Best case, 2 plea bargains cost you £200 and 6 points. You avoid getting caught again until your first set of points are more then 3 years old (from date of offence).

QUOTE
2) How/Where can I find out if any more speeding fines or F2F notices are waiting for me?


Call the safety camera partnerships for any areas you might have been caught speeding in.

QUOTE
3) Do I need to Lawyer up?


Unless you can afford Nick Freeman, no.

QUOTE
4) Could speed awareness course be offered at all to reduce some points?


Not once it has got to this stage.
booyip
Thanks for the responses. I am currently sitting on 3 points so seems best option is to attend and hope for further plea bargains. Better get the train to the hearing though, just in case unsure.gif

The Rookie
It's also worth preparing any exceptional hardship plea.
mynamegoesinhere
QUOTE (booyip @ Fri, 15 Jul 2016 - 00:44) *
Thanks for the responses. I am currently sitting on 3 points so seems best option is to attend and hope for further plea bargains. Better get the train to the hearing though, just in case unsure.gif


Don't forget you can only plea bargain if you were in fact the driver when the speeding offences happened.
andy_foster
QUOTE (mynamegoesinhere @ Fri, 15 Jul 2016 - 14:29) *
Don't forget you can only plea bargain if you were in fact the driver when the speeding offences happened.


Or if you believe that you might have been the driver.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.