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DaisyDukeS2
The speeding offence was August 2008 and they've only just sent me a summons and they sent the Police round with it which scared me to death at 10pm last night. After talking to friends, I remember the Police never gave me anything and I don't remember signing anything, they said I might be able to appeal? Is this correct?

I was caught in August 2008 up in Aberdeen, Scotland (I live in Nottimgham) travelling at a speed of 98mph ( I did not check my spedometer so cannot comment on my speed though it was in excess of 60mph) on a long bend on a clear, wide, country road with a NSL set at 60mph. I currently have only 3 points on my licence accumilated 2years ago (SP50). The officer caught me speeding using a laser gun and wasn't clearly visible, I pulled up immediately after I saw the officers step out and wave me in.

They took me in the police car, and took my details and said I would be looking at a ban. I was working for a Scottish car dealership at the time. They took my licence then gave it back to me.

Living alone as a single person, paying a mortgage and car finance I rely on my jobs to get me by. At the end of the day, a ban will crucify me. I will be unable to get to work as I work miles away from where I live and I have to go out on site whilst at work which involves driving. Also I am just developing my career as a Pro Driver/Racing Instructor and it's been my dream job since I could walk. If I have more than 6 points on my licence I am unable to follow this career. I presently work most weekends as a Pro Driver as well as full time during the week just to stay afloat. I need this extra work to pay my bills.

How do I stand about getting a ban and what do I do with the form? I can't attend the court hearing as I'm working away that week, what do I do? and the hearing is Aberdeen which is an 8hour drive from where I live, do I have to go?

Thanks very much
slowerdriver
First, if I were you I'd go back and consider editing out one or two details.

Second, to predict what this might cost (in points and pounds), .

Third, go HERE and fill out the NIP Wizard.

BRB!
jobo
i take it the summons is for speeding

there is a common understanding that in Scotland they have 6 months from the date of offence to get you into court which they are clos to missing

however im not sure if this ultimately applies in all cases

Wait for southpaw or andy foster or simon or hotel oscar to give advice

when is the case to be heard ?
DaisyDukeS2
QUOTE (jobo @ Thu, 15 Jan 2009 - 13:56) *
i take it the summons is for speeding

there is a common understanding that in Scotland they have 6 months from the date of offence to get you into court which they are clos to missing

however im not sure if this ultimately applies in all cases

Wait for southpaw or andy foster or simon or hotel oscar to give advice

when is the case to be heard ?



Yeah, the summons only sates that I was doing 98 in a 60. Though it is very very vague in its content.
It would be 6 months tomorrow LOL
9th Feb up in bloomin Aberdeen
southpaw82
I believe the relevant law is s. 136 of the Criminal Procedure (Scotland) Act 1995:

(1) Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced—

(a)within six months after the contravention occurred

(3) For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.


So, the question would be - have proceedings against you commenced?
DaisyDukeS2
QUOTE (southpaw82 @ Thu, 15 Jan 2009 - 16:03) *
I believe the relevant law is s. 136 of the Criminal Procedure (Scotland) Act 1995:

(1) Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced—

(a)within six months after the contravention occurred

(3) For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.


So, the question would be - have proceedings against you commenced?


Absolutely no idea? It just says fill the form in LOL
jobo
QUOTE (southpaw82 @ Thu, 15 Jan 2009 - 16:03) *
So, the question would be - have proceedings against you commenced?



come on SP dont be quite so enigmatic

give the girl your opinion on if she has a chance with this
DaisyDukeS2
CAN SOMEONE PLEASE HELP ME??????????

IVE TRIED USING YOUR NIP WIZZARD BUT IT DOESNT COVER ANY OF MY CIRCUMSTANCES!!!

WORKING AND CAUGHT IN SCOTLAND (THOUGH I LIVE IN THE MIDLANDS)
CAR DEALERSHIPS CAR ON A TEST DRIVE WITH A CUSTOMER, ME DRIVING.
VERBAL NIP
SUMMONS 6 MONTHS LATER
NOW I DONT KNOW WHAT TO DO AND THERE IS PLENTY OF HELP OUT THERE BUT NOT FOR MY SITUATION!
jobo
hi daisy

not sure if you understand what's going on here, this site is frequented by ordinary people who have ( mostly) been screwed by the system to try to help others.

Its not the law society, we don know every thing and the people who do know are not on line 24-7 just in case you want an answer, some times you might have to wait a bit for them to log on, do some research and post a reply.

The nip wizard isn't really for you, it put the facts down in a logical order so people can give good advice, The use of caps is seen as shouting and generally cause people to ignore your posts.

back to your case Scottish law has strange quirks which are not understood by most of the people on this site( especially me) but some one will know if you help us to help you.
What i have managed to establish is that the middle of August to middle of January is 5 months not 6. and the case will be in court before the 6 months is up, so no escape that way.

If you put the figures in the sentencing tool above you find that a ban is all most certain for 38 over. The good news is that should only be for a month or two and there will be no points awarded, so you keep your pro thingy

unless there's something very wrong with the summons it would seem you best bet is to put mitigation together to keep the length of the ban down to weeks rather than months

If i was you id go( by train) as it your best chance of getting a lighter sentence, plus if they are going to ban you will be made to go unless, you pay a solicitor to go on your behalf, don't know if that cheaper than the train fare and hotel ?



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