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cerbfan
I'm looking for some advice please and an idea of possible fine / points.

I got caught speeding on the A90 in early January by being pulled over by a marked car after they caught me on a Unipar Laser. Annoyingly they were waiting in a fairly hidden position at pretty much the first safe over taking point in the 8 miles from Peterhead. I'd been stuck behind a couple of slow moving cars and hit 91mph during the overtake at which point I slowed down although admittedly to not as low as 60mph. Only other relevant piece of info is that I was driving my wife's new car and it picks up speed far faster than mine and was fairly amazed at the speed I managed to get to during the over take but not relevant or a mitigation really.

The summons I have is for May and says I can attend in person, arrange for my lawyer to attend or write to the Procurator Fiscal in which case I assume it will be heard without me attending.

Also included in the envelope is a summary of the charge which is 91mph in a 60 it also lists a previous speeding offence from 2007 (I currently have a clean license).

In this it also states that it was a Unipar Laser which was in calibration and also had set up checks performed and corroborated at the start and end of the shift so I guess this is stopping any possible defence of the equipment not being correct. Also states that traffic flow was moderate, visibility was good, daylight and weather was dry.

My questions are:

Likely points and fine?

Am I best to attend in person and would it be worth using a Lawyer (there is a chance I might be offshore and therefore unable to attend).

There is a statement of means for me to fill in and one of the questions is my usual weekly take home pay, now I'm a limited company contractor where I pay myself a small monthly salary and then the occasional bigger dividend. What do I need to put down here, just my salary?

Is the fact I was over taking in the first over taking opportunity available worth mentioning as a mitigation?

Thanks for taking the time to read.
BaggieBoy
What happened in your very similar case from 2007?
Logician
In Scotland there are no published guidelines on sentencing speeding, in England you would be on the cusp between 6 points and a short disqualification, while the fine would be equivalent to a week's net income, less 33% for a guilty plea, plus a 10% surcharge (minimum £20).
If you plead by post they will either sentence you with points on the first occasion or ask you to attend in person for disqualification to be considered. They cannot disqualify you at the first hearing if you are not present.
Mitigation could include the absence of any aggravating features, ie the things helpfully mentioned by the police - traffic flow was moderate, visibility was good, daylight and weather was dry. Do not say you were driving a car with which you were unfamiliar excessively over the limit, that sounds dangerous, or that it was the first opportunity to overtake, that sounds impatient. You might say you were only briefly over the limit as you completed your overtaking manoeuvre. For your income, as you control the dividend payments, the truthful thing to do would be to take your income from both salary and dividend over the last year and divide it by 52 to give a weekly income. This should be after tax and NI.
cerbfan
QUOTE (BaggieBoy @ Thu, 19 Feb 2015 - 22:38) *
What happened in your very similar case from 2007?


I used a Lawyer that time and got 4 points and cannot remember what the fine was off the top of my head.
The Rookie
In Scotland both the fine and driving licence penalty (points or ban) are discounted for a guilty plea, so it's quite possible that for being on the cusp of a ban that will drop it to 5/6 points even if they decide you would otherwise have got a ban.
IanJohnsonWS14
QUOTE (cerbfan @ Thu, 19 Feb 2015 - 22:01) *
Is the fact I was over taking in the first over taking opportunity available worth mentioning as a mitigation?


No - if the other vehicle was traveling at or just under the limit it does not give you an excuse to speed, mentioning this in court will give the impression that you feel speed limits don't apply to you.
Jennig
If it helps I was caught doing 53 in a 30 I have received 400.00 fine and 6 points... after pleading guilty.
cerbfan
So its coming up to the time where I need to submit the paperwork and think I have made my mind up to submit by post and not attend figuring that the lost earnings for a day off work being a contractor is just going to add to the costs and unlikely to lessen the points received. This leads to the question of how and whether to fill in the statement of means. It does say on the form that it is not mandatory to fill it in and I've read that in England at least if one is not filled in an arbitrary figure of £400 a week is used and I'd rather that than try and put down my highly complicated current financial position which would be very hard to cover on the statement of means. Is this the same for Scotland?

Is it worth putting in a mitigation letter seeing that I don't really have one or best to just plead guilty and that is it? I guess if I do put in a letter it will just be to say that I apologise for wasting the courts time and I've learned my lesson etc.

The Rookie
I wouldn't attend in your circumstances either, but be warned they may adjourn and require you to attend (or send legal representation).

I believe the statement of means is not enforceable in Scotland, and with no sentencing guideline they don't have a nominal salary to start at either, so they'll just take what they know of you into account (e.g. rough value of the car and where you live and age).

I'd always write a short statement expressing remorse, wake up call, not normally a fast driver, clean licence, that sort of thing, but keep it to a short paragraph, you could say you were overtaking and were focused on that and had neglected to monitor your speed whilst doing so - not that you have to hit 91 passing two cars doing less than 60, but there you go!
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