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andyfa
I was supposed to be in court on the 13th for speeding (106 in a 70) I plead guilty by post and sent off my letter of mitigation along with all the forms and my license. They didnt have time to hear my case on the day and have set a new date of the 29th. They have "accepted my guilty plea" I have been told I don't have to attend on the 29th and this will just be for sentencing and I will get a letter of the outcome. This was over the phone to the court admin people.

My question is... as they have accepted my plea, does this mean they can't reject it now and make me attend if they want to give me a ban?

Any advice would be apreciated.
desktop_demon
If you have pleaded guilty and the court has accepted the plea then you are effectively convicted of the charge. IIRC The court cannot change the plea but can order you to attend the hearing for sentence. It is common for the court to consider a ban for such circumstances (106 in 70) so they may well order you to attend so that you don't drive inadvertently while banned - the court does not like sending out notice of a ban by post for this reason. If you were not banned but were given fine and points then that could be notified by letter.
andyfa
But they havent actually heard the case as such they didnt have time, this is a new hearing date which i have been told I don't have to attend, so can they still adjurn that one again and ask me to attend on a 3rd date?

Do they have to reject my "guilty by post" plea if they want me to attend for a potential ban?
bama
sounds hopeful.

unless they fecked up...

I would phone the court on the day of sentencing to find out.
Hotel Oscar 87
QUOTE (andyfa @ Thu, 15 Oct 2009 - 13:31) *
But they havent actually heard the case as such they didnt have time, this is a new hearing date which i have been told I don't have to attend, so can they still adjurn that one again and ask me to attend on a 3rd date?

Do they have to reject my "guilty by post" plea if they want me to attend for a potential ban?

No. The court can accept your guilty plea (by post) and then when moving on to sentence discover that the facts of the case are such that they are contemplating a ban or that you were "totting", for example. They could then adjourn the case again and require you to attend for sentencing so that they can impose a ban or, indeed, to hear from you directly why they should not. I'm afraid I don't think you're home and dry yet.
andyfa
Well... as suspected, the new hearing was adjourned, and I was called in to face the music last Thursday.

£415 fine and 28 day ban. Is the max 56 days for 106mph? if its 28 days they don't seem to have mitigated the ban at all, just a discount on the fine for an early guilty plea.

Anyway no points on my license so once 28 days is out of the way I don't have to worry about a totting ban later on.

BaggieBoy
But expect your insurance cost to rise considerably.
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