'Early Guilty Plea' (Speeding related)

[Scrubs]

Can someone explain at what point this phrase is relevant?


I got a speeding summons in the door and have a court date for the end of September. I plan on attending court in person and pleading guilty instead of using the 'plead guilty by post' option. Have seen a few folks refer to an 'early guilty plea'. Does this just refer to how quick I return the actual summons to the court stating my intent?

[Mk3Spitfire]

Why are you attending court to plead guilty instead of sending the form in?
It's not really the speed of your reply, it's the stage at which you plead.
Having said that though...I once interviewed someone for an offence. They went not guilty in interview. Went all the way to court, and they pleaded guilty on the day pre trial. Somehow...they got leniency for pleading guilty at the "earliest possible opportunity". So in short, I'm not actually too sure.

[Scrubs]

Thanks for the reply. I have taken a month of work from the given court date, just to cover myself incase of a short ban. If I plead guilty by post and they don't accept it, they would adjourn and set another date which means it would be a waste of time me being off work as it would probably be a few months again before they could see me. Turning up on the day means it will all be dealt with on the day and I can take it from there.

[Durzel]

Speed? Limit?

Depending on the disparity they may demand your attendance if you pleaded guilty by post, but it sounds like you know that already.

Do you plan on presenting exceptional hardship or is it a case of just wanting to turn up suited and booted looking suitably contrite (good idea)?

[Scrubs]

Just to update this, had my day in court today. Was bricking it. Never been in a court before, don't fancy visiting one again. Was very nervous at the though of having to stand and read out my mitigation letter. I didn't need to though, as the clerk of court handed it to the judge and he read it himself.

I was charged with 62 in a 30. It was a four lane carriageway that I had mistaken as a 40. Clean driving record for 20 years.

Ended up with 5 points and a 300 quid fine, which was less than expected!

Anyway, no more speeding for me.

[Scrubs]

edit................

[calibrax]

If you're doing 62mph then I'm not sure that saying you mistook it for a 40mph really helps your case that much...! Better surely to say you didn't realise the limit there, rather than saying you wilfully and deliberately decided to exceed what you thought was the limit...

[SV8Predator]

calibrax said:

If you're doing 62mph then I'm not sure that saying you mistook it for a 40mph really helps your case that much...! Better surely to say you didn't realise the limit there, rather than saying you wilfully and deliberately decided to exceed what you thought was the limit...

Too late for your sage advice now fella.

[Terminator X]

I'd recommend attending even if a guilty plea. I've done it twice without being there and got mugged each time by the Magistrate, never again

TX.

[jjr1]

You most definitely need to attend even when pleading guilty. Just be contrite, smartly dressed and wink at the Mags (male ones included). You most definitely get a better result.

My last one I pleaded guilty to went from possible Prison sentence to a 21 day ban all because I gave them a nice smile and a lovely little yarn.

[meteorgt2]

Out of curiosity what did you put in your letter.

Reason I ask is I'm due in court next Thursday for a similar over the limit speed.

Pm me if you like.

Any help would be greatly appreciated.

Thanks

[meteorgt2]

Out of curiosity what did you put in your letter.

Reason I ask is I'm due in court next Thursday for a similar over the limit speed.

Pm me if you like.

Any help would be greatly appreciated.

Thanks

[Scrubs]

meteorgt2 said:

Out of curiosity what did you put in your letter.

Reason I ask is I'm due in court next Thursday for a similar over the limit speed.

Pm me if you like.

Any help would be greatly appreciated.

Thanks

No problems sharing here, have excluded a few personal details, hope it helps, Sir:






'Travelling at excessive speed is inexcusable, and I will accept any punishment that the court wishes to impose on me. However, I would like you to consider the following before passing judgement.


I passed my driving test in January 1994, and in over 20 years, I have never had any points for a speeding offence. I would appreciate if this could be kept in mind and I hope you will see that travelling 62mph in a 30mph zone was completely out of character for me.


I was on my to work when this incident occurred, and prior to setting off, I had been dealing with the break up of a long term relationship which resulted in me running late. The only explanation I can offer for my speeding is a momentary lapse of concentration as I was not in the best frame of mind and accelerated more than I should have over a short distance. The location where this happened is on a straight, four lane carridge way. I was driving alone, there was no other traffic either in front or behind me, and the road ahead was clear and dry.


I rely on my car for both work and personal use. As a ****** with a ******* company, my work involves constant unsociable hours. Living in ****** and working from ******* restricts the option for me to use public transport. My work duties also require me to use a company car on occasions.


Finally, I have a 10 year old son with whom I have shared custody over between 3 to 4 times a week. As my ex partner does not drive, it would make it very difficult for me to keep up his regular routine without a car.


I've had over 8 months now to dwell on the repercussion of my actions. The judgement today will not only affect me, it will also affect other people around me, especially my son. I am a very considerate driver, and I really am truly sorry for my actions on that morning.



Thank you.'





That's it. Also had a few bullet points for when I was asked if I have anything else to say before sentencing:


''I would like to apologise for taking up the courts time.''


''I am ashamed and embarrassed by my actions that have led me to be here today, and I wanted to attend in person to show that I do take the matter seriously.''


''I'd like to assure you that this was a one-off event, and I have no intention of putting myself into this situation again.''

[agtlaw]

Scrubs said:

Can someone explain at what point this phrase is relevant?


I got a speeding summons in the door and have a court date for the end of September. I plan on attending court in person and pleading guilty instead of using the 'plead guilty by post' option. Have seen a few folks refer to an 'early guilty plea'. Does this just refer to how quick I return the actual summons to the court stating my intent?

You will get maximum credit for pleading guilty at the earliest opportunity - i.e. the first hearing. There is no requirement to "return the summons". I advise a short email informing the court of your intended plea. If you are attending in person then do not outline mitigation in your email or plea form. Your draft letter could be a lot better.

[Truffles]

You can find a useful factsheet on early guilty please at http://ukcriminallawblog.com/2013/02/02/credit-for...

[meteorgt2]

agtlaw said:

You will get maximum credit for pleading guilty at the earliest opportunity - i.e. the first hearing. There is no requirement to "return the summons". I advise a short email informing the court of your intended plea. If you are attending in person then do not outline mitigation in your email or plea form. Your draft letter could be a lot better.

what would be the best way to try and mitigate a short ban as apposed to six points?

Reason I ask is I have three already for mobile phone use which aren't due to come off for another six months and would prefer the short ban as oppsed to the longer one that could be imposed for totting up if I get another three..

Speed was 101 in a 70 along a dual carridgeway,

I was caught on a handheld laser and in the witness report supplied by the officer, It was a clear dry day with light traffic and when he caught up with me I was travelling at 90mph.

Thanks in advance!!

[ShawCrossShark]

meteorgt2 said:

what would be the best way to try and mitigate a short ban as apposed to six points?

Reason I ask is I have three already for mobile phone use which aren't due to come off for another six months and would prefer the short ban as oppsed to the longer one that could be imposed for totting up if I get another three..

Speed was 101 in a 70 along a dual carridgeway,

I was caught on a handheld laser and in the witness report supplied by the officer, It was a clear dry day with light traffic and when he caught up with me I was travelling at 90mph.

Thanks in advance!!

From what you are saying, would I be right in thinking that you are a relatively new driver (totting up another three makes six, so you would be a full license holder for under 2 years?)

If that is the case, with 3 points for mobile phone and in court for over a ton I would think that they will revoke and make you retest tbh

[meteorgt2]

ShawCrossShark said:

From what you are saying, would I be right in thinking that you are a relatively new driver (totting up another three makes six, so you would be a full license holder for under 2 years?)

If that is the case, with 3 points for mobile phone and in court for over a ton I would think that they will revoke and make you retest tbh

Not quite...

16 years behind the wheel, the last nine driving high performance cars and this being the first offence for speeding, fairly lucky if you will.

With regards to toting up, if they don't impose a ban and give me six points this will put me on nine. Another three before the other three come off and then it's 12 points and six month ban.

[agtlaw]

Truffles said:

You can find a useful factsheet on early guilty please at http://ukcriminallawblog.com/2013/02/02/credit-for...

I wouldn't call Dan's blog a "factsheet".

Perhaps read the SGC document if you can't sleep.
http://sentencingcouncil.judiciary.gov.uk/docs/Red...