speeding at 113 mph

Author
Discussion

croixdawg

Original Poster:

22 posts

107 months

Tuesday 14th July 2015
quotequote all
Hi guy's

New on here but looking for some advice

In novenmber 2014 i was caught speeding at 113mph on the m6 toll road, a few weeks ago i had the summons saying i have a court date on august 28th. It's given me the option to plead guilty by post or i can attend court, i was going to plead guilty by post. It's also says about my expenses then they can decide how much fine to give me. I suppose my question is, do you think i will get a ban or as being i have the option to plead guilty by post i may just get a fine, or even both, i have 3 points now and had 6 at the time. i know know one can give me the correct answer but has anyone had a similar experience? Any advice would be appreciated.

Thanks in advance

Greendubber

13,197 posts

203 months

Tuesday 14th July 2015
quotequote all
Being new here you wont be aware that most of the 'legal advice' given here is actually just people with no relevant experience or qualifications giving their opinions ( with the exception of 1 or 2).

You really should seek proper legal advice.

GreatGranny

9,128 posts

226 months

Tuesday 14th July 2015
quotequote all
Lots of advice ie. bullst on this thread :-)

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

Durzel

12,262 posts

168 months

Tuesday 14th July 2015
quotequote all
The form you've got is likely a generic one. If you plead guilty by post the likelihood is that they will demand your presence because they will certainly be considering a ban.

A straight ban is possible, but it is also a possibility that you could end up with 6 points and a totting ban (date of offence counts). Under the circumstances you probably don't want to plead guilty by post assuming it were even possible, you will want to appear in person, contrite, telling them why you need your car for XYZ (preferably others).

Edited by Durzel on Tuesday 14th July 13:16

jith

2,752 posts

215 months

Tuesday 14th July 2015
quotequote all
Greendubber said:
Being new here you wont be aware that most of the 'legal advice' given here is actually just people with no relevant experience or qualifications giving their opinions ( with the exception of 1 or 2).

You really should seek proper legal advice.
You should also be aware that there is lots of advice given by those in the enforcement industry with the relevant qualifications to prosecute who will be of no use to you whatsoever.

J

Greendubber

13,197 posts

203 months

Tuesday 14th July 2015
quotequote all
jith said:
You should also be aware that there is lots of advice given by those in the enforcement industry with the relevant qualifications to prosecute who will be of no use to you whatsoever.

J
So telling someone to seek proper legal advice is of no use whatsoever?

Brilliant!!

anonymous-user

54 months

Tuesday 14th July 2015
quotequote all
Greendubber said:
jith said:
You should also be aware that there is lots of advice given by those in the enforcement industry with the relevant qualifications to prosecute who will be of no use to you whatsoever.

J
So telling someone to seek proper legal advice is of no use whatsoever?

Brilliant!!
It wasn't much of a reversal when you gave him the only really good advice that anyone can on here.

tapereel

1,860 posts

116 months

Tuesday 14th July 2015
quotequote all
I will try to be helpful and answer your questions.

The court process is to first hear your plea, guilty or not guilty. To save you the bother of making what could be a long journey to court to do this you can use the post. Pleading guilty or not guilty by post will neither advantage or disadvantage you so just pleas by post.

The next stage is to hold a trial for a not guilty plea or, for a guilty plea, the court will sentence you. When you plead guilty or are found guilty then you can put some mitigation to the court that they can consider before passing sentence. This is the stage when you can try to avoid a ban. What form the mitigation takes is up to you and should be made honestly.

For 113mph in a 70 limit you will most probably be summonsed to appear in court because a ban will be in consideration, whether you get one depends on the magistrates and you. For 'you' read you or your solicitor or both.

croixdawg

Original Poster:

22 posts

107 months

Tuesday 14th July 2015
quotequote all
tapereel said:
I will try to be helpful and answer your questions.

The court process is to first hear your plea, guilty or not guilty. To save you the bother of making what could be a long journey to court to do this you can use the post. Pleading guilty or not guilty by post will neither advantage or disadvantage you so just pleas by post.

The next stage is to hold a trial for a not guilty plea or, for a guilty plea, the court will sentence you. When you plead guilty or are found guilty then you can put some mitigation to the court that they can consider before passing sentence. This is the stage when you can try to avoid a ban. What form the mitigation takes is up to you and should be made honestly.

For 113mph in a 70 limit you will most probably be summonsed to appear in court because a ban will be in consideration, whether you get one depends on the magistrates and you. For 'you' read you or your solicitor or both.
Thanks for your help, there is a mitigation form attached and it says please write down anything you feel the court needs hear

croixdawg

Original Poster:

22 posts

107 months

Tuesday 14th July 2015
quotequote all
I'm not sure what's worse, 1-3 month ban or six points? if i got banned for 1 month i could take 1 month holiday from work, as i drive for a living, 3 months and up would be a worry

eatcustard

1,003 posts

127 months

Tuesday 14th July 2015
quotequote all
croixdawg said:
as i drive for a living
Going to sound harsh...

... So you drove at 113mph, not very clever is it.



Black_S3

2,669 posts

188 months

Tuesday 14th July 2015
quotequote all
eatcustard said:
Going to sound harsh...

... So you drove at 113mph, not very clever is it.
Doesn't sound harsh... Sounds smug and arrogant.

Muzzer79

9,932 posts

187 months

Tuesday 14th July 2015
quotequote all
Black_S3 said:
eatcustard said:
Going to sound harsh...

... So you drove at 113mph, not very clever is it.
Doesn't sound harsh... Sounds smug and arrogant.
+1

Whilst your point is accurate, it serves no purpose to remind the OP of this fact.

Mattt

16,661 posts

218 months

Tuesday 14th July 2015
quotequote all
Just looking at the dates, has the 6 months to lay papers before the court possibly expired?

tapereel

1,860 posts

116 months

Tuesday 14th July 2015
quotequote all
Mattt said:
Just looking at the dates, has the 6 months to lay papers before the court possibly expired?
No because they already have been. A summons comes after the information is laid. Laying the information is not the same as hearing the case.

Black_mamba

313 posts

209 months

Tuesday 14th July 2015
quotequote all
Black_S3 said:
eatcustard said:
Going to sound harsh...

... So you drove at 113mph, not very clever is it.
Doesn't sound harsh... Sounds smug and arrogant.
No it doesn't, smug and arrogant would infer some aloofness, OP doesn't come across at all like that. OP has admitted be new to the group, wants some advice but you seem feel free to waft your gavel. OP was providing nothing more than context to his post, you on the other hand must view the world with a massive telescope from your Ivory tower, you Sir are arrogant and smug, and the reason why PH's is not the helpful forum it used to be. BE

Willy Nilly

12,511 posts

167 months

Tuesday 14th July 2015
quotequote all
croixdawg said:
Thanks for your help, there is a mitigation form attached and it says please write down anything you feel the court needs hear
Just tell them the POS wouldn't go any faster

Hamish Finn

476 posts

108 months

Tuesday 14th July 2015
quotequote all
Whoosh parrot for Black Mamba!

And no one has mentioned:

croixdawg said:
Hi guy's

Heaveho

5,286 posts

174 months

Tuesday 14th July 2015
quotequote all
eatcustard said:
Going to sound harsh...

... So you drove at 113mph, not very clever is it.
What an utterly pointless post. Always at least one sanctimonious hornpill on threads like these, surprised it's not the usual losers.

Good luck op.

croixdawg

Original Poster:

22 posts

107 months

Tuesday 14th July 2015
quotequote all
anonymous said:
[redacted]
Really?