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smurfy0000
Saw a car gaining on me and l started speeding up at which point l hit 130 mph. This is was for about a couple of minutes (probably less) so l was not gunning it for miles. This was around 10pm in the evening, roads were pretty clear. I slowed down and moved towards the middle lane so that l could let the car pass and noticed the car following me into the middle lane, gaining on me and moments later, flashing lights. Just before the lights, l had guessed it was a marked police car. l had to sit at the back of the police car, whilst he showed me the video. He filled in a form but did not give a receipt (is that right?).

Mentioned clean license, no previous trouble with the police and need car for work.

l will be able to get a letter for the court that says l need my car for work.

I'm pretty much resigned to the fact I'm going to lose my license for this moment of stupidity. He did mention a possible jail sentence (not raining, mostly spray type conditions) which scared the hell out of me but later on mentioned getting a solicitor to reduce the ban.

I'm just looking for some advice here. My earnings are in the upper percentile so losing my job would be detrimental (l know i've made my bed and should lie in it).

Not got anything in the post as yet, but the worry is taking over me.
mrh3369
Going to be a ban for sure if convicted so employing the services of a specialised motoring solicitor might be a very wise move and could possibly help reduce the fine and length of ban.
jobo
it really depends what your charged with and how much of a fuss they make about the condition's

if its speeding then a ban between 3 and 6 months sounds achievable with a lot of effort
smurfy0000
QUOTE (mrh3369 @ Wed, 23 Nov 2011 - 22:51) *
Going to be a ban for sure if convicted so employing the services of a specialised motoring solicitor might be a very wise move and could possibly help reduce the fine and length of ban.


Thanks l will do.

Is Nick Freeman worth using or is he too expensive?
mickR
QUOTE (smurfy0000 @ Wed, 23 Nov 2011 - 23:04) *
Is Nick Freeman worth using or is he too expensive?



depends just how "upper" your upper percentile is! wink.gif
mrh3369
Nick Freeman is rumoured to be damned expensive but if you can afford it and it gets you decent representation why not, it's you choice but there are people around who can do just as good a job but are not so high profile or expensive.
smurfy0000
QUOTE (mrh3369 @ Wed, 23 Nov 2011 - 23:14) *
Nick Freeman is rumoured to be damned expensive but if you can afford it and it gets you decent representation why not, it's you choice but there are people around who can do just as good a job but are not so high profile or expensive.


Thanks for your replies, appreciate it. I noticed a number of solicitors recommended on this site, which l will look into.

http://forums.pepipoo.com/index.php?autoco...rticle&id=3
southpaw82
You could always drop BBLaw a PM. IIRC, it's £70 to have him look the case over and give some advice.
Nice enough
A problem with briefing Nick Freeman is his reputation precedes him, so his presence may put the backs up of the magistrates.

His expertise appears to be dismantling cases by highlighting procedural irregularities.

Your intention appears to be to plead guilty and seek to make the best of it.

Any competent local solicitor should be able to do that for you.

There's a lot to be said for using a solicitor who is known to, and to an extent trusted by, the magistrates dealing with the case.

I would wait to see what you are charged with.

A rethink may be required if the charge is something more serious than speeding.

smurfy0000
QUOTE (Nice enough @ Thu, 24 Nov 2011 - 06:53) *
A rethink may be required if the charge is something more serious than speeding.


Does anyone think it's likely l will be charged with dangerous driving, given the time of day and quiet motorway, that's what worries me. The only reason l think they could was the spray on the roads, but l didn't think it was anything that impacted my driving, especially given there was little traffic at the time.

All my previous cars have been powerful (i'm trying to justify that this is not something i've done in the past) and what l did was a moment of stupidity.

Also if my driving was dangerous, maybe l would have expected the police office to handcuff me or not let me continue driving, not sure if that what happens if you're deemed to have driven dangerously?
CuriousOrange
Was this in Scotland or not? In Scotland they can/do bring dangerous-driving charges on speed alone, but not so in England and Wales.

They don't generally cuff people for dangerous driving, nor stop them from driving on afterwards unless they think the driver will do it again for some reason.

No-one can really say for sure what the charge will be; the spray obviously doesn't help and bear in mind the big accident of a few weeks ago is uppermost in a few minds (you weren't on that same motorway I'd hope). But if I remember rightly, dangerous driving is a minimum twelve month ban - I don't see why you should be worthy of more than that, so the fact he talked about getting the ban reduced may mean it'll "just" be a speeding charge after all.

For me it's less likely that you'll be charged with dangerous (unless Scotland), but basically you'll have to wait and see. Sorry.

smurfy0000
QUOTE (CuriousOrange @ Thu, 24 Nov 2011 - 09:44) *
Was this in Scotland or not? In Scotland they can/do bring dangerous-driving charges on speed alone, but not so in England and Wales.


Thanks for your post, it was in England.
icewolf9
It'll say on your summons whether it's just speeding or DD, won't it? I thought DD would be for speeds higher than 130.

If it's just speeding I would have thought you would get a hefty fine given your income and a ban of 3 - 6 months as has already been stated?


When I was caught for speeding I did not use a solicitor and represented myself though. You may want to wait for the summons - surely if it's just speeding they'll charge you with then there's no point spending extra money on a solicitor?

Mayhem007
District judges tend to sit on Nick Freemans defences... seems his success has become his achilles heel !!!
smurfy0000
QUOTE (icewolf9 @ Mon, 28 Nov 2011 - 22:10) *
It'll say on your summons whether it's just speeding or DD, won't it? I thought DD would be for speeds higher than 130.

If it's just speeding I would have thought you would get a hefty fine given your income and a ban of 3 - 6 months as has already been stated?


When I was caught for speeding I did not use a solicitor and represented myself though. You may want to wait for the summons - surely if it's just speeding they'll charge you with then there's no point spending extra money on a solicitor?


When does the summons arrive anyone? How long might l need to wait, i.e., max number of weeks/months.

I've been waiting a week now - it's agonizing, l just want to get it over with ohmy.gif
Aretnap
Afraid you'll probably have to wait a bit longer - it can be up to 6 months before they lay information, then a few more weeks before the summons arrives. They might move a bit more quickly for 130 than they would for a more routine case, but I'd still expect it to be at least a couple of months.
smurfy0000
QUOTE (Aretnap @ Tue, 29 Nov 2011 - 16:15) *
Afraid you'll probably have to wait a bit longer - it can be up to 6 months before they lay information, then a few more weeks before the summons arrives. They might move a bit more quickly for 130 than they would for a more routine case, but I'd still expect it to be at least a couple of months.


If l was being done for dangerous driving, would one presume the summons would have arrived quicker?

6 months is going to be pure agony, and I'm still allowed to drive these months??
southpaw82
QUOTE (smurfy0000 @ Tue, 29 Nov 2011 - 21:28) *
If l was being done for dangerous driving, would one presume the summons would have arrived quicker?


No.

QUOTE
6 months is going to be pure agony, and I'm still allowed to drive these months??


Who told you that you couldn't?
Aretnap
You haven't been convicted of anything yet, let alone sentenced. You can drive unless and until a court tells you that you can't.
Sam's Case
I'm up on a DD charge and i'm into my 8th month of waiting for a summons to arrive.
If your up for DD, DD charges don't apply to this 6month summons rule.

Nothing quite like having a guillotine above you, never knowing when it'll drop.
Hang in there...its a painful long ride
smurfy0000
QUOTE (Sam's Case @ Tue, 29 Nov 2011 - 23:32) *
I'm up on a DD charge and i'm into my 8th month of waiting for a summons to arrive.
If your up for DD, DD charges don't apply to this 6month summons rule.

Nothing quite like having a guillotine above you, never knowing when it'll drop.
Hang in there...its a painful long ride


Hi - sorry to hear that, you know how l feel then sad.gif

Best of luck.

smurfy0000
Hi All,

I've received a formal letter.

"POSTAL REQUISITION"

CHARGES

Speeding - exceed 70mph motorway limit - manned equipment
<more stuff about motorway l committed the offence on>
This offence carries penalty points

If you are convicted the prosecution will ask the court to order you to pay a contribution towards the cost of bringing the case of 60.00 pounds on a Guilty plea and conviction or higher costs in other circumstances if applied for

------

What are the initial thoughts on this?

Thanks
Logician
This is a new procedure, the police themselves requisition you to appear in court, rather than laying information before the court and asking the court to issue a summons. It makes no practical differance to you.
smurfy0000
QUOTE (Logician @ Wed, 21 Dec 2011 - 16:41) *
This is a new procedure, the police themselves requisition you to appear in court, rather than laying information before the court and asking the court to issue a summons. It makes no practical differance to you.


Well l have 3 options, plead guilty by post or attend court and plead guilty or plead not guilty.

The witness statement indicates 130mph.

What are my chances of being banned given the new information?

Is a solicitor best advised for this now?
Aretnap
At least it's not a dangerous driving charge, which rules out prison, community service or (probably) a ban of a year or more.

I still think it will take a minor miracle to avoid a lengthy ban though. If you can afford it (sounds like you can) and keeping the ban as short as possible is important to you (sounds like it is) then speaking to a solicitor is probably a good move.
BaggieBoy
QUOTE (smurfy0000 @ Wed, 21 Dec 2011 - 17:02) *
Well l have 3 options, plead guilty by post or attend court and plead guilty or plead not guilty.

Pleading guilty by post isn't really an option, since you are certain to get a ban you will have to attend court. So if you select this option, they will simply adjourn and request you to attend.

QUOTE (smurfy0000 @ Wed, 21 Dec 2011 - 17:02) *
What are my chances of being banned given the new information?

100%,

QUOTE (smurfy0000 @ Wed, 21 Dec 2011 - 17:02) *
Is a solicitor best advised for this now?

If you intend to plead guilty, then unless you want a solictor to present your mitigation, it probably won't be money well spent.
smurfy0000
OK thanks, any thoughts on,

Andrew Thompson & Co.
Solicitors, Leeds.

or

BB Law
http://www.fixedfeelawyer.co.uk/meet-your-lawyer/

Also, is it worth getting the video footage reviewed or not in this case?

I'm not sure about the mitigation, it's doubtful my work will give me a letter... I mean the only thing l can think of is a clean license, perhaps asking the court to reduce the points / ban in favour of a larger fine, the fact that all my previous cars where high performance and what l have done was merely a one off which is true?
southpaw82
The court will not trade time on a ban for an increase in the fine.
smurfy0000
Oh ok
Rallyman72
BB Law is a member on here.
little-freddie
I'd risk a PM, and a case review, by BB Law,... drop him a line,... he will give you the best advice, pound for pound, you will get,.....


Cheers, Fred
mrh3369
Another vote for BBLaw here as he seems to come highly recommended from previous clients.
Aretnap
QUOTE (BaggieBoy @ Wed, 21 Dec 2011 - 17:19) *
QUOTE (smurfy0000 @ Wed, 21 Dec 2011 - 17:02) *
Well l have 3 options, plead guilty by post or attend court and plead guilty or plead not guilty.

Pleading guilty by post isn't really an option, since you are certain to get a ban you will have to attend court. So if you select this option, they will simply adjourn and request you to attend.

Though if delaying the start of the ban by a few weeks would be advantageous he might consider pleading by post as it will delay things a bit. It might not be the best way to get the magistrates on side when he does eventually appear before them though.
Hotel Oscar 87
Not in anyway wishing to knock BBLaw but I know he is "oop nawth". Depending on where you are, and for what its worth, I would throw in either Barry Culshaw or Philip Somarakis of Blake Lapthorn in Southampton. I first saw Barry in action nearly 30 years ago and he is now a well-respected motoring lawyer. He specialises in speeding matters and will be well known to slightly longer serving members here as being at the heart of the very long-running multiple cases eminating from the A27 around Fareham a few years ago, all of which (IIRC) were won. He has also been successful against the bombproof LTi 20-20. Philip is based in BL's Oxford office (IIRC) is similarly experieced but being more centrally located might be more accessible. Although not quite in the same league as Nick Freeman neither are cheap.

PS - I am not on a retainer and nor do I work for BL!
smurfy0000
Dear all,

I attended court today and as expected, l was very nervous of an expected lengthy ban, especially given the witness statement included "raining" & "wet".

BBLaw (Bobby Bell - http://www.fixedfeelawyer.co.uk) represented me and to my surprise, managed to persuade the court to give me 6 penalty points and a reasonable fine.

This positive outcome means my job is safe.

It's worth noting that Bobby charged me 1/3rd a local firm listed on the FAQ of this site, which for his experience, represents excellent value for money. Proof that paying more will not result in a better outcome.

Many thanks to everyone that posted a response, you were very helpful in what was a worrying time for me.

Regards
Smurfy
Logician
Receiving 6 points for 130 in the wet represents a minor miracle on the part of Bobby Bell, I think. Well done!
BB Law
Thanks for the comments Smurfy0000, much appreciated.

BB Law
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