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White Noise
Riding back from exeter to brighton on my bike on sunday i got stoped by the police, it seems that i got a bit too carried away in the heat, and was speeding on a straight dry dual carrageway (A31), no residential hardly any other cars. they said that i was doing 97 in a 70, they were on a bridge and i missed them! dry.gif
they showed me the speed on a small hand held device but showed me no video. i knew i ws over but shocked by how much! the strange thing was when they pulled me over they used no lights or sirens, just a sign in the boot of the potrol car.
anyway they said the offence would be sent to me within 2 weeks, so i am guessing that its going to serious. the question is how buggered am i? its going to court summons and not a simple 3 points and a £60 fine.
they gave me a producer whch i took to the police station on monday and got sorted out. really new to this as this is the first time i have ever been pulled over the police and my first ever speeding offence. i have been driving a car for 6 years and a bike for 16 months, (is this taken into account?)
if i do get a court summons, will it have to be in the county that i sped or can i get arranged to bighton? also do i have to go to court or cn i plead via post and not go to court.
plus what do people think i am going to get?
WN
the-remix
Im no expert, but from what Im aware you need to be doing in excess of 35mph over the speed limit to receive a court summons.

I may be wrong, also I have no idea if the law is different for speeding on Motorbikes.

I would wait for someone with more expereince to advise you rather than taking my word for it.


the-remix
crystal
Hi,

You are just under a ban (limit + 30) so you may get a way with 3 points + fine. The circumstances are irrelevant.

As the identity of the rider is not in doubt it comes down to the speed. Some of the measurement devices are not 100%.

So If you really think your were under 70 then wait for a summons and fight in court. If you really think you were over then hope for an offer of a fixed penalty and seriously consider taking it.

Let us know what paper work you get.

Regards
Crystal
White Noise
QUOTE (crystal @ Tue, 6 Jun 2006 - 22:44) *
You are just under a ban (limit + 30) so you may get a way with 3 points + fine.

If you really think you were over then hope for an offer of a fixed penalty and seriously consider taking it.


i do think that i was over and don't think i can fighting it as when i saw the cop car in my mirrrors my speedo was up at about a hundred! icon_redface.gif .
i really hope that i do get a fixed penatly as i will take it, as can't afford all the legal costs!
WN
crystal
Hi,

Yes hope for the COPF, if you get a summons post here for advice.

Regards
Crystal
White Noise
i have posted on here before about this but i can't seem to find my old post as there are only 15 pages availible, can a mod find it?
anyway i was caught speeding in dorset at 97 in a 70 on a dual carrage way. this morning i recieved my court summons, but strangely no NIP. but i guess i got this verbally on the day.
the summons is dated 31/06/06 and i only recieved it today! mad.gif
summons is for court on 24/08/06 and the offence happened on 04/06/06. i am being charged with exceeding 70mph on a dual carageway so i am looking at 27mph over the limit! icon_redface.gif
i have read guidelines and i shouldn't get banned but it looks like points and a hefty fine is coming my way. i can't really contest the speed as it was so far over limit, so i think that i have to bite the bullet and pleady guilty. unfortionalty the court is 100 miles from me so i want to pleady guilty by post, will i be screwed over by doing it this way?
what i want to do is minimise my points and fine, can anyone give me any advice?
Cheers
WN
Mika
QUOTE (White Noise @ Tue, 8 Aug 2006 - 08:52) *
i have posted on here before about this but i can't seem to find my old post as there are only 15 pages availible, can a mod find it?

As explained in the Read This First sticky, it’s really easy. You simply click on your own user name and then choose “Find Member’s Topics” from the “Profile Options” menu on the right.
White Noise
QUOTE (Mika @ Tue, 8 Aug 2006 - 09:01) *
As explained in the Read This First sticky, it’s really easy. You simply click on your own user name and then choose “Find Member’s Topics” from the “Profile Options” menu on the right.


icon_redface.gif cheers for pointing that out
WN
Blackbird
QUOTE
i have read guidelines and i shouldn't get banned but it looks like points and a hefty fine is coming my way
yes unfortunately and if you are going to plead guilty then it is down to mitigation.
QUOTE
unfortionalty the court is 100 miles from me so i want to pleady guilty by post, will i be screwed over by doing it this way?
No
Suggest that a letter of mitigation (to be put to the court) is enclosed with the guilty plea (if they were considering a ban then they would demand your attendance!).
Suggest
Explain that you fully accept that you were speeding and you don't want to waste the courts time and incur further costs to 'the system' (or yourself wink.gif )
That you would have attended in person but distance is an issue.
You are not in the habit of speeding.

Make the letter contrite (but not too grovelling!) and to the point. Do not include anything that can be read in another way and certainly nothing that could anoy the Mags. Get the letter to the Court (or whoever is applicable in your case) in good time since delaying will have ne benificial use.

Regards
White Noise
going to get the letter written tonight and hopefully sent tommorow, has anyone got anymore ideas what to say or anything they have written that has helped
Cheers
WN
Mr Nervous
Post up your letter when you've done it and I'm sure you'll get some helpful advice on it! smile.gif

If it's any help I got done for 100 in a 70. Up to 30mph over the limit on a 70 is 3-6 points according to magistrates guidelines (iirc?) and I got (away?) with 5 points and £170 fine. (I pleaded guilty as, conveniently rolleyes.gif it was the same magistrate that did me the week before for another offence that I'd done the whole pepipoo thing with for almost a year.)

To be honest I was hoping for a ban as it would have meant more room on my licence for 'mistakes' but in hindsight 5 points was good as getting a ban can be a major pain in the rear when it comes to insurance and hiring cars in the future.

Insurance can be a bit of a stinger if you get anything different to the 3points/£60 fine standard option, but you might get just that and nothing more.

Mitigation is where it's at!

Good luck smile.gif
White Noise
well here's the letter i have put together, what do people think?

Dear sir/madam,
I am writing to you in regard to the magistrate’s courts summons that I received on XXXXXX, informing me of the forthcoming hearing date on XXXXXX.
I was stopped for speeding on the XXXXXX and am charged with exceeding 70 MPH on a dual carriageway, please find below a statement of mitigating circumstances.
On the day in question I was returning from a long weekend spent with my family in XXXXXX, as such I was returning to my home in XXXXXX which is a journey of approximately 180 miles. My bike was packed with a rear tail bag and a tank bag which contained my possessions. I enclose this information to make clear to you that my journey was one of touring and not for the implicit reason of taking the bike for a ‘hoon’.
I had travelled for about one and a half hours and needed a break and about 10 minutes before I travelled on the XXXXXX I had stopped for some petrol, food and a rest at a garage in XXXXXX. As the day was very hot I was making sure that I was well rested and hydrated for the journey. Once I started to travel on the XXXXXX I found the road to be clear of traffic and had very good visibility, as conformed in PC XXXXXX witness statement. Once on the dual carriageway I overtook a car and for comfort I assumed a tucked in position for protection from wind blast and proceeded along the XXXXXX.
After approximately 3 miles from the start of the dual carriageway I noticed in my rear view mirrors that a police car was following me without lights and a siren, I then checked my Speedo and to my horror I was over the limit, I slowed, indicated and moved into the inside lane. On doing so the police car overtook me, and pulled in front of me. I followed the car for approximately half a mile and a sign stating "follow me" was displayed in the rear of the patrol car, and I promptly followed the patrol car into the next available lay-by.
Once stopped in the lay-by I was approached by the officer and asked if I could dismount motorbike, which I did. The officers then proceeded to check over my motorcycle then politely asked me to come and sit in the back of the patrol car, which I obliged with, it was then that I was informed of my speed and I was truly shocked that I was travelling that fast. When asked if I had anything to say to which I replied “you caught me” as I was honest and still surprised at the recorded speed, I was given a verbal notice of intended prosecution and told politely to carry on my way with care.
It is my belief that a mixture of dry clear road married with the fact I was well rested and in a tucked in position led me to underestimate my actual speed. As a result I was caught speeding, which I agree with and as such I plead guilty. I would like to address the fact that the attending police officers did not deem that my riding constituted the further charge of dangourous driving, in addition I would like it to be noted that I have held a motorcycle licence for sixteen months and a car licence for nearly six years, during which time I have never been caught speeding and am not in the habit of exceeding the limit. Over the period I have held a motorcycle licence I have covered over 15,000 miles and use my motorbike for my daily commute.
I hope that my swift response can minimise the courts time and expense and that it is clear that I un-intently exceeded the speed limit and the court will be lenient on me due to this being my first offence and the need of my motorcycle as my primary transport.

Yours sincerely

the speeding fool

WN
The Rookie
Much too long winded, they will never want to read all of that, the bit about having luggage is OK, but leave off the bit about not having a hoon (as it implies you do at other times...) don't describe unnecesary parts of the incidence, its mitigation and contrition that are required not a witness statement!

Words like inexcusable and remorse should be in there!

Simon
wazza99
Take heart, i got caught doing 101mph in a 60 zone, summoned to court got 6 points and £250, so a ban isn't inevitable.
crystal
Devils avocate it could read as
I was riding a well loaded motorcycle and had driven a long way and really wanted to get home I was so tired I not only failed to account for extra instability caused by a load I was so asleep I had no idea how fast I was going.

Regards
Crystal
White Noise
QUOTE (crystal @ Wed, 16 Aug 2006 - 15:59) *
I had no idea how fast I was going


do you think that i should say that i thought i was exceeding the limit but didn't realise by how much?
WN
Blackbird
Hi

I agree that the letter is far too long ............... my view of the basic points and order

1. I am pleading guilty by letter today in order to save the Court valuable time and expense.
2. I fully accept that I was speeding, something that I am not in the habit of doing.
3. The police officers when they stopped me brought home to me the stupidity of my actions.
4. I am now full of remorse for my actions.
5. I had been keeping a check on my speed throughout this long journey (180 miles) ensuring that it was within the speed limits and also correct for the road conditions.
6. I had also taken a break approximately 10 minutes earlier to ensure that I was fully fit to complete the journey.
7. The police officers statements will show that I acted correctly with respect to their commands.
8. My riding and driving history.......................
9. Summing up, I fully accept that I was speeding and therefore accept that I will be punished but wish the court to take this letter and its contents into consideration when setting the punishment.


Well that's my effort..............never written a mitigation letter before but have seen a few wink.gif
Keep it concise and aim to keep it easily on one side of A4 min font size 12 (Mags eyesight not always perfect ohmy.gif )

Regards
White Noise
thanks for your input, i will look to change it. i have to send my licience off to, what are the chances that i will get this back quickly?
WN
Blackbird
Generally licenses appear to come back within 3/4 weeks of conviction but some (mine included) don't angry.gif

Don't forget to photocopy it before it goes in the envelope and use special delivery..........just in case rolleyes.gif
White Noise
The court date was on th 24/08/06 and still not heard anything back, is this usual?
WN
nemo
QUOTE (White Noise @ Fri, 8 Sep 2006 - 14:30) *
The court date was on th 24/08/06 and still not heard anything back, is this usual ?
Have you tried phoning them and asking what penalties were awarded ?
White Noise
no i haven't, would they be able to give that over the phone?
WN
nemo
QUOTE (White Noise @ Fri, 8 Sep 2006 - 14:53) *
would they be able to give that over the phone?
They should. You'll know for certain if you phone and ask..wink.gif
White Noise
well strangly enough the details came throught the post today dry.gif
charged with SP30, got 5 points a 200 pound fine and £35 cost
i though that would be the amount of the fine but suprised at the 5 points, expected 4!
have to say i'm not pi$$ed of with my punishment rather than the way i have been dealt with by the courts. hearing was on 24/08/06 and the letter arrived today post marked 8/09/06, and in the letter it states

"To be paid within 21 days of date of hearing"

so i have to find £235 by thursday! mad.gif blink.gif
that is not going to happen, i haven't got that sort of money lying about. the court hasn't said anything about paying by installments so have to now get in touch with the fines officer!
on a side note where will my £200 go? how much actually goes to road safety?
WN
White Noise
Spoke to the fines officer, really nice and understood the situation and i am now going to be able to pay the fine over 5 monthly installments smile.gif
feel very lucky to be able to do that, and make my life a hell of a lot easier!
WN
Rallyman72
Seems about par - one of my kids got done for 96 in 70 - £150 plus costs and 5 points.
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