Going to Court on 101mph charge
Discussion
All, I am a new member to these forums, so firstly hello to all.
As I am new, I can't post in the most relevant topic area, so hope I can be forgiven for posting here.
As the title suggest, I am in a bit of a pickle, and am seeking advice, shared knowledge, and dare I say support???
Anyway here goes:
A few months back, I was caught doing 101mph on the M6 toll. Don't know by what, police camera van, camera on bridge, policeman in car etc (happened on M6 toll south near M42 gantry?)
I have received my summons and will be going to court in September.
I will hold my hands up, there is no excuse for speeding, though there were some reasons why this thing occured. I will not use this as an excuse, but would like the opportunity to give some sort of explanation in court.
I will now post the whole scenario, and then ask you guys a series of questions, where I hope you can give best advice, so thanks in advance for reading and hopefully contributing.
I was heading home from work one evening on my way home like I do everyday, when my wife called me on my work mobile (connected to handsfree). She was in a state stressed with our three kids (she has suffered with and sometimes still does with post natal depression)crying as were the kids in the background. She was asking me when was I going to come home, and come home quickly etc. I hung up the phone quite quickly, but at this stage went from careful driver to concerned husband/father mode, and honestly lost concentration for a while, and at this stage I must have got clocked. I remember looking at my speedo and telling myself "wow,slow down" and did so immediately.
Again, I am not using this as an excuse because it isn't, but it was the factor that made me do that, otherweise I would have made my usual journey back in my usual manner.
My plea to the court is that I cannot afford to lose my licence, because my job depends on it, and my family rely on it!
I work in sales, and my car is my most important tool. I am currently in the process of working my notice at my current job and will start my new job (also in sales) a week or so after my date in court. If I Lose my licence, I lose my job which I haven't even started!!!
Also, I require my car on a perosnal level. As the only car and car driver, and given my wifes condition, it is down to me to do the school runs, shopping runs etc,my wife and kids depend on me and my car.
I have previous points though (over 5 years ago) 9 points in the past. 3 points for speeding (pulled over by cop), 3 points for traffic light infraction, 3 points for 35 in 30mph zone. The last of these was 5 years ago, and my licence is currently clean after 5 years and 250,000+ miles on the road later!!!!
So here are my questions, which are host of questions related to the offence itself and conduct and process of court. I really hope you guys can help and advise, particulalrly those who have been in similar situations.
1. What is the process of court? i.e. what do i call the judge? will it be just me and a judge, or a big bad prosecutor who will try and make out the bad guy and want to ban me?
2. is it best to plead guilty early? will I get an opportunity to at least give my REASON (not excuse)
3. Will I be able to explain my absoloute need for my car for work and personal circumstances?
4. Though my licence is clean now, will the court know about my previous? can this be used against me?
5. Will I be able to plead/beg the judge not to ban me?
6. Can I even say honestly that the everyday of the past 4 months have been a living hell for me, thinking about this all the time?
7. What do you think the outcome will be? I will let you all know.
Any other adice thoughts you csan give would be much appreciated.
Thanks You.
AM07870
Focus on this:
Write a letter of mitigating circumstances - why you shouldn't get a ban, not excuses / reasons for the offence itself.
When I was in court facing a ban under totting up I didn't have to say anything other than confirm who I was. So don't worry too much about the procedure.
The other reason for writing a letter is that you can read that out rather than try and remember everything you want to say. This will be fine.
As regards outcome, I think the best you can hope for is 9-12 points on your licence but not ban. Accept any punishment (particularly if it doesn't involve a ban) thank the judge and most importantly learn a lesson from this
am07870 said:
My plea to the court is that I cannot afford to lose my licence, because my job depends on it, and my family rely on it!
I work in sales, and my car is my most important tool. I am currently in the process of working my notice at my current job and will start my new job (also in sales) a week or so after my date in court. If I Lose my licence, I lose my job which I haven't even started!!!
Also, I require my car on a perosnal level. As the only car and car driver, and given my wifes condition, it is down to me to do the school runs, shopping runs etc,my wife and kids depend on me and my car.
Don't mention this I work in sales, and my car is my most important tool. I am currently in the process of working my notice at my current job and will start my new job (also in sales) a week or so after my date in court. If I Lose my licence, I lose my job which I haven't even started!!!
Also, I require my car on a perosnal level. As the only car and car driver, and given my wifes condition, it is down to me to do the school runs, shopping runs etc,my wife and kids depend on me and my car.
am07870 said:
I have previous points though (over 5 years ago) 9 points in the past. 3 points for speeding (pulled over by cop), 3 points for traffic light infraction, 3 points for 35 in 30mph zone. The last of these was 5 years ago
Do make sure you focus on this:am07870 said:
my licence is currently clean after 5 years and 250,000+ miles on the road later!!!!
am07870 said:
1. What is the process of court? i.e. what do i call the judge? will it be just me and a judge, or a big bad prosecutor who will try and make out the bad guy and want to ban me?
2. is it best to plead guilty early? will I get an opportunity to at least give my REASON (not excuse)
3. Will I be able to explain my absoloute need for my car for work and personal circumstances?
4. Though my licence is clean now, will the court know about my previous? can this be used against me?
5. Will I be able to plead/beg the judge not to ban me?
6. Can I even say honestly that the everyday of the past 4 months have been a living hell for me, thinking about this all the time?
7. What do you think the outcome will be? I will let you all know.
Any other adice thoughts you csan give would be much appreciated.
Thanks You.
AM07870
Definitely see a solicitor. It may cost but if you don't get a ban it will be worth it!2. is it best to plead guilty early? will I get an opportunity to at least give my REASON (not excuse)
3. Will I be able to explain my absoloute need for my car for work and personal circumstances?
4. Though my licence is clean now, will the court know about my previous? can this be used against me?
5. Will I be able to plead/beg the judge not to ban me?
6. Can I even say honestly that the everyday of the past 4 months have been a living hell for me, thinking about this all the time?
7. What do you think the outcome will be? I will let you all know.
Any other adice thoughts you csan give would be much appreciated.
Thanks You.
AM07870
Write a letter of mitigating circumstances - why you shouldn't get a ban, not excuses / reasons for the offence itself.
When I was in court facing a ban under totting up I didn't have to say anything other than confirm who I was. So don't worry too much about the procedure.
The other reason for writing a letter is that you can read that out rather than try and remember everything you want to say. This will be fine.
As regards outcome, I think the best you can hope for is 9-12 points on your licence but not ban. Accept any punishment (particularly if it doesn't involve a ban) thank the judge and most importantly learn a lesson from this
Out of interest (for those of us who use the road frequently) the original paperwork must have given some idea as to what was used to “catch” you?
Recent postings would suggest he variable speed cameras are pretty hot around that area – if it was one of these (with a lower speed in operation) could make things look a bit worse for you
Recent postings would suggest he variable speed cameras are pretty hot around that area – if it was one of these (with a lower speed in operation) could make things look a bit worse for you
I think you should get a solicitor, or get your mitigating circumstances well versed (sorry, but they sound sound flakey to me, and I've got a hormonal missus as well, not sure that a mag will want to hear that you were speeding simply because your wife asked you to come home quickly). For goodness sake don't turn up and say you weren't concentrating at 100+ mph. Admit you made a conscious decision to drive fast and that you were concentrating 100%. Tell them that traffic was light and road conditions were good (assuming they were?). Above all, grovel and apologise for your momentary lapse of judgement.
I got done for 105mph on the m4 a year or two ago.
I lawyered up and like the advice above, I mentioned I depended on my licence as I drive for a living and had a letter from employer stating so and that i was a safe driver etc etc.
outcome was 6 points, 200 fine and no ban.
so all you can do is lawyer up and hope mags is lenient!
I lawyered up and like the advice above, I mentioned I depended on my licence as I drive for a living and had a letter from employer stating so and that i was a safe driver etc etc.
outcome was 6 points, 200 fine and no ban.
so all you can do is lawyer up and hope mags is lenient!
It's hardly the crime of the century, you're not going to do time. Just get the legal advice to ge some reassurance and stop worrying. There will be a price to pay, maybe a short ban and a s
t car in the short term but really you need legal advice to assess your options and hopefully chill you out a bit, don't let it take over your life. It ain't fun but you're not the first!
t car in the short term but really you need legal advice to assess your options and hopefully chill you out a bit, don't let it take over your life. It ain't fun but you're not the first!What the OP has is mitigation. You can send it to the court as a letter explaining (and apologising for) your actions and what will happen if you're banned for any considerable period.
The court has the choice to impose points OR a short term ban (either will come with a fine). You can try to push for either, but the court is not obliged to do what you want and you should really take a long term view. This view should be; would I rather be banned for a week or two and keep a clean licence with regards to points, or would I rather take 6 points and live with those for 150,000 miles of camera infested road for 3 years? Bear in mind if you reach 12 points you will most likely lose your licence for 6 months- and your job.
The court has the choice to impose points OR a short term ban (either will come with a fine). You can try to push for either, but the court is not obliged to do what you want and you should really take a long term view. This view should be; would I rather be banned for a week or two and keep a clean licence with regards to points, or would I rather take 6 points and live with those for 150,000 miles of camera infested road for 3 years? Bear in mind if you reach 12 points you will most likely lose your licence for 6 months- and your job.
welshsurferdude said:
I got done for 105mph on the m4 a year or two ago.
I lawyered up and like the advice above, I mentioned I depended on my licence as I drive for a living and had a letter from employer stating so and that i was a safe driver etc etc.
outcome was 6 points, 200 fine and no ban.
so all you can do is lawyer up and hope mags is lenient!
sister did the same, 112mph, lawyer got her points and a fine, no banI lawyered up and like the advice above, I mentioned I depended on my licence as I drive for a living and had a letter from employer stating so and that i was a safe driver etc etc.
outcome was 6 points, 200 fine and no ban.
so all you can do is lawyer up and hope mags is lenient!
Always best to arrive at court with a solicitor.
It means ( to the court) that you are taking it seriously and are getting the correct legal advice, the court staff will also be thankful that they wont be wasting time explaining things to you.
Get a solicitor - Dont represent yourself.
It means ( to the court) that you are taking it seriously and are getting the correct legal advice, the court staff will also be thankful that they wont be wasting time explaining things to you.
Get a solicitor - Dont represent yourself.
It's over a decade since I was in court for doing over a ton, so things have probably changed.
I was already on 6 points at the time, and figured I was in trouble.
I admitted the offence, and apologised, without giving any reason. I explained that I would not be able to earn a living if I could not drive. I was given 5 points (bringing the total to 11), and a massive fine.
In hindsight, court was a fairly painless experience.
I was already on 6 points at the time, and figured I was in trouble.
I admitted the offence, and apologised, without giving any reason. I explained that I would not be able to earn a living if I could not drive. I was given 5 points (bringing the total to 11), and a massive fine.
In hindsight, court was a fairly painless experience.
No, you cannot get more than 6 points.
I might ask to put this in a sticky....
Sentencing Guidelines are here: http://sentencingcouncil.judiciary.gov.uk/docs/MCS...
Page 131, Speeding. For your speed, you will get:
"Disqualify 7 – 56 days OR 6 points", plus a Band B fine. Band B is 1 week's pay, with 1/3 off for your Guilty plea.
The mags won't care at all about historical points - they have dropped off your record. If you take a brief, or to be honest, even if you don't, and say you are extremely sorry - it was a momentary lapse and you fully accept responsibility, they will almost certainly give you the fine and 6 points. It depends on the bench, but my local bench tends only to ban people if there are aggravating factors. If your brief mentions the new job and points out that a ban puts it in jeopardy, then the bench would be very harsh to go ahead an impose a ban. He can give it all the flannel of motorway/clear day etc etc etc.
I don't think you need to change car, but you do need to concentrate a bit more - 105mph is 110+ indicated, and you shouldn't be doing that 'by accident'... :-)
I might ask to put this in a sticky....
Sentencing Guidelines are here: http://sentencingcouncil.judiciary.gov.uk/docs/MCS...
Page 131, Speeding. For your speed, you will get:
"Disqualify 7 – 56 days OR 6 points", plus a Band B fine. Band B is 1 week's pay, with 1/3 off for your Guilty plea.
The mags won't care at all about historical points - they have dropped off your record. If you take a brief, or to be honest, even if you don't, and say you are extremely sorry - it was a momentary lapse and you fully accept responsibility, they will almost certainly give you the fine and 6 points. It depends on the bench, but my local bench tends only to ban people if there are aggravating factors. If your brief mentions the new job and points out that a ban puts it in jeopardy, then the bench would be very harsh to go ahead an impose a ban. He can give it all the flannel of motorway/clear day etc etc etc.
I don't think you need to change car, but you do need to concentrate a bit more - 105mph is 110+ indicated, and you shouldn't be doing that 'by accident'... :-)
RtdRacer said:
I don't think you need to change car, but you do need to concentrate a bit more - 105mph is 110+ indicated, and you shouldn't be doing that 'by accident'... :-)
Hence my earlier question regarding how the OP was caught.If it was on the managed section (with limits in operation) would it have a bearing on the decision of the Mags.
Was done for 105mph on the M11, excellent conditions, v light traffic, clean licence etc
Went along to the magistrates with cap in hand, smart suit, apologised profusely for wasting everyone's time, told them that use of car is solely for pleasure not work.
Result: 14 day ban, ZERO points and £365 fine.
Basically, it comes down to your attitude and what you put on the statement of earnings as to what mix of points vs fine vs ban.
If you are a reasonable chap with a good wage and good reason not to be banned (i.e. needed for work) then you will get a large fine (approx. one weeks wages-ish) and lots of points but no ban.
If you are a track-suited chav who turns up in your best polo shirt then you will get a ban, points but no fine.
ETA: Don't turn up with a solicitor unless you are pleading not guilty and trying to fight it all the way. I've been told (by a magistrate no less!) that they generally take a dim view of it as you will be trying to 'get away with it' via some form of mitigation.
Went along to the magistrates with cap in hand, smart suit, apologised profusely for wasting everyone's time, told them that use of car is solely for pleasure not work.
Result: 14 day ban, ZERO points and £365 fine.
Basically, it comes down to your attitude and what you put on the statement of earnings as to what mix of points vs fine vs ban.
If you are a reasonable chap with a good wage and good reason not to be banned (i.e. needed for work) then you will get a large fine (approx. one weeks wages-ish) and lots of points but no ban.
If you are a track-suited chav who turns up in your best polo shirt then you will get a ban, points but no fine.
ETA: Don't turn up with a solicitor unless you are pleading not guilty and trying to fight it all the way. I've been told (by a magistrate no less!) that they generally take a dim view of it as you will be trying to 'get away with it' via some form of mitigation.
Edited by BaronVonVaderham on Thursday 23 August 12:09
Edited by BaronVonVaderham on Thursday 23 August 12:11
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