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Hinzy9
Ok. here goes... last year I was stopped by an unmarked police car for speeding on the A38 dual carriageway (70MPH limit).

Today I received the postal requisition giving me 3 options, plead guilty by post, guilty at court or plead not guilty. I have a few questions about what options are open to me. Hopefully someone on here might be able to help.

1. Is it worth disputing the claimed speed? When stopped and cautioned by the police he advised me of a different speed (slightly higher) to the speed that is mentioned on the postal requisition letter. The police witness statement included in the letter reads [i]"......vehicle passed me at speed. I accelerated to match the speed of the suspect vehicle. The suspect vehicle reached a maximum speed of 101MPH for approx distance of 3/4 of a mile. Weather fine and dry, visibility good. The offense was recorded on the in car video system and has been downloaded to the main server." [/i] I didn't have time to view the video in the car or to question the methods of determining my speed. Having now effectively been accused of 2 different speeds I'm a little concerned that the method used isn't that robust. Is this avenue worth pursuing or should I just be grateful that I'm being charged with a slightly slower speed than originally claimed? After all I don't dispute that I was speeding, I'm just a little skeptical about the claimed speed.

2. Mitigation- again I don't claim this to be in any way an excuse for my speed.....but is being stuck in an earlier traffic jam and therefore genuinely being late for my Grandmas funeral worth mentioning in my mitigation? The police witness statement confirms that I stated the funeral at the time of caution. I have a schedule from the funeral directors confirming that my Grandmas funeral was indeed taking place a few minutes after the offense took place. Might this help a little or is it better to leave it out completely? Although I know it was wrong this was actually reason for my excessive speed.

3. Assuming there is no point contesting the speed/evidence am I better off pleading guilty via post or in person. I'm happy to go to court if necessary, just interested to hear people views on what is possibly seen in a more favorable light by the courts.

4. The court hearing isn't scheduled for another 3 months, if I did plead guilty by post would my case be looked at before that date? With a points being issued and/or a new court date being set?

5. Finally...what is the likely outcome for me? The calculator on this site is suggesting a short ban or 6 points, plus £350-550 fine. Does this sound about right in my circumstances? Clean license, clear and dry conditions, early plea etc?
AFCNEAL
If the 'revised' speed from the prosecution brings you below 100 mph - grab it with both hands!
Hinzy9
QUOTE (AFCNEAL @ Tue, 27 Jan 2015 - 11:05) *
If the 'revised' speed from the prosecution brings you below 100 mph - grab it with both hands!


No, 101mph is the revised speed. Revised down from 104mph.
AFCNEAL
Then point 3 = yes.

You're on the cusp of a ban but haven't been summonsed to attend (which is usual if a ban is being considered). The mitigation is of no use at all and may be be seen as 'excusing' the speed.

6 points (ish) and several hundred quid fine would be my estimate.
Jlc
The offence is exceeding the limit - for which you do not offer any defence. The amount of excess does influence the sentencing though. 101 or 104 won't make much difference, indeed it's a lower speed...

That speed has the potential for a short ban but 6 points is more likely. You can try the postal guilty plea but they may adjourn and request presence if they want to consider a ban.

The calculator will be close but factor in a 33% discount for guilty plea, costs of £85 and the victim's surcharge (10% of the fine).
The Rookie
QUOTE (AFCNEAL @ Tue, 27 Jan 2015 - 11:22) *
You're on the cusp of a ban but haven't been summonsed to attend (which is usual if a ban is being considered).

No, much more usual for them to not sentence at the first hearing and require the accused to attend for the second.
Hinzy9
Ok....so the consensus is that I shouldn't mention the funeral in my mitigation?? Only, the police witness statement mentions it so wouldn't the courts be expecting me to as well??
peterguk
QUOTE (Hinzy9 @ Wed, 28 Jan 2015 - 11:59) *
Ok....so the consensus is that I shouldn't mention the funeral in my mitigation?? Only, the police witness statement mentions it so wouldn't the courts be expecting me to as well??


I wouldn't bring it up unless it's brought up.

The court will see it as "my needs came above road safety and the law".
The Rookie
Absolutely NOT, you are admitting speeding deliberately, most courts consider that worst than accidental (I tend to disagree) and it may be seem that you are trying to Justify it (look how that's received from Lance Armstrong!).
captain swoop
Do you have anything in writing stating the higher speed?

How is it going to look if you contest the speed and say the police told me I was going faster?
The Rookie
It will look like he's being churlish and wasting the courts time, if there is a Newton hearing at his expense and they prove the higher speed he gets a harsher punishment. Sleeping dog, let it lie!
Hinzy9
O.k. So today was my "long" day in court, thought I'd post an update for anyone else in a similar position.

I avoided a ban and ended up with 6 points + a fine of £390

topc
Thanks for letting us know what happened, sounds like you got a good result (avoiding a ban and possible higher insurance than points).
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