GUILTY what to say?

[103mph]

I've read a lot of the posts , very helpful

I have a court case on tuesday the 4th jan for doing 103 mph on a dual carriageway (70MPH)

I have peaded guilty by post, but will attend to state that:-

I was aware that I was over the speed limit but not used to the car and was genuinely surprised that the speed was as high as it was

whilst I realise that I am likely to get a driving ban, being self employed, My income is dependent on being able to drive

my mortgate is dependent on the job , my 3 week old son and missus are dependent on the house etc

I am genuinely sorry etc

My question is this

I have done a best man's speech and have sat in the public gallery at a case or two but when the magistrate says " do you have anything to say"
I don't want to start with " unaccustomed as I am to public speaking..."


should I prepare a written statement? will I be asked a load of questions or is it just one contribution from me then on with the scentencing?

Any suggestions are welcome
I'm not used to this, not being a hardened crim

(but please don't say "get a solicitor" or "go to a case to see how it's done"
as tomorrow is a bank holiday and the case is the day after)

many thanks you lot!

[IOLAIRE]

103mph said:

I've read a lot of the posts , very helpful I have a court case on tuesday the 4th jan for doing 103 mph on a dual carriageway (70MPH) I have peaded guilty by post, but will attend to state that:- I was aware that I was over the speed limit but not used to the car and was genuinely surprised that the speed was as high as it was whilst I realise that I am likely to get a driving ban, being self employed, My income is dependent on being able to drive my mortgate is dependent on the job , my 3 week old son and missus are dependent on the house etc I am genuinely sorry etc My question is this I have done a best man's speech and have sat in the public gallery at a case or two but when the magistrate says " do you have anything to say" I don't want to start with " unaccustomed as I am to public speaking..." should I prepare a written statement? will I be asked a load of questions or is it just one contribution from me then on with the scentencing? Any suggestions are welcome I'm not used to this, not being a hardened crim (but please don't say "get a solicitor" or "go to a case to see how it's done" as tomorrow is a bank holiday and the case is the day after) many thanks you lot!

Hi 103,
Rotten luck, but you sound as if you have resigned yourself to your fate so what you have to do is try and control the outcome, so here are some tips based on experience.
Get dressed!! I seriously mean that; if you turn up in a shell suit and trainers you won't do yourself any favours. If you look good people will pay attention to what you say, it's human nature.
Emphasise the point about you being surprised at the level of your speed and how you were certain it was less than that and are still certain of that, but just state that, don't argue about it.
Your single biggest weapon is your three week old baby, God bless him!
You must remember it is NOT law that you be disqualified for over 100, it is at the discretion of the magistrates.
For them to do so means throwing a self employed person out of work who has to pay his mortgage and support a three week old baby; that will make them think twice, but don't overdo it.
Make a set of notes containing the basic points and refer to them rather than a typed out speech that you are reading to the court, it will sound much more natural and appealing because it's your words rather then the possibility of it being someone else's prepared statement.
The best of luck and let us know how it goes.

[CB-Dave]

whilst you will get good advice from the old faithful of SP&L, you might want to post on Pepipoo aswell (www.pepipoo.com) for some extra viewpoints

[TimW]

say..


it wasnt me!

[103mph]

TimW said:

say.. it wasnt me!

" OK, Off you go, sonny!"

Hmmm, can't see it happening meself !!

thanks for the advice so far guys, keep em coming

It's probably the second time in 17 years on the road that I have been over the ton. it's not exactly good luck but better to be informed by a plod than a High speed blow out etc!

So how exactly do I start this statement, what words do I use? I mean I'll be fine once i get started but when he says "do you have anything to say?" I'm likely to go
" errrr...."

" errrr...."
....
....
....errrr

[gh0st]

Have you got any previous for speeding / dangerous driving?

If not then the "need the car for kids / work" may help.

If the see you as a habitual speeder (which is this day and age is worse than a politically incorrect child molester and rapist who lets their dog crap on the pavement) then they will, unfortunately, probably throw the book at you.

[IOLAIRE]

103mph said:

TimW said: say.. it wasnt me! " OK, Off you go, sonny!" Hmmm, can't see it happening meself !! thanks for the advice so far guys, keep em coming It's probably the second time in 17 years on the road that I have been over the ton. it's not exactly good luck but better to be informed by a plod than a High speed blow out etc! So how exactly do I start this statement, what words do I use? I mean I'll be fine once i get started but when he says "do you have anything to say?" I'm likely to go " errrr...." " errrr...." .... .... ....errrr

103, the legal term for what you are doing is called a Plea in Mitigation.
So why don't you start by saying something like, "I would like the Court to consider a Plea in Mitigation with regard to the forthcoming sentence imposed on me."
Then state what you feel is the case, what we talked about before. The actual words you use are not really that important you know; it's what they convey to the court that matters.
Don't worry about being nervous, the Courts see this all the time and it's perfectly natural, just don't miss anything out that you think is relevant.
Incidentally, it might help if you can show that the road you were on was very quiet at the time of the incident and that the weather was good, you were driving a capable car; if you have no other convictions or have never had an insurance claim as a result of an accident that will go very much in your favour.

[hertsbiker]

sotty pal, nothing useful to add other than pass on my best wishes.

[103mph]

IOLAIRE ….."Plea in Mitigation"....
Just so that I am using this phrase whilst knowing wot it means
This is like “mitigating circumstances” right?
Things that the looks at when he decides NOT to use the maximum sentence , Right ?

So I can say about the road conditions etc. as well as the fact that No driving licence means that me and littlun will be moving into a cardboard box?

I can also mention my charity work


Incidentally does it make getting a hire-car more difficult as I often have a car hired for me for work, and this could make things tricky


gh0st
Speeding etc

I don’t even let my son crap on the pavement!!

No, 15 years ago as an impetuous yoof I got done doing in excess of 60 in a National speed limit
I got Truvelo’d on the silverstone bypass road works
But my licence was about to be clean again when this happened
ARSE!
1 insurance claim
I had a head-on years ago, in a country lane and cos I couldn’t prove that I had stopped when the other bloke drove into me, I had to claim it was settled 60/40, (no police involvement )

That’s not bad for 17 years on the road , Eh?

I’m normally the model of good driving, the one who is actually doing 30mph in a 30 zone with a queue of numpties behind, tailgating
I usually do reasonable speeds out of town
103 sounds a bit excessive but I genuinely hadn’t had the car for long and would have guessed at about 90
I’m not used to cars that go that fast; I usually drive around in old sheds
This was actually a former police car!!( ironic!)

I can probably cope with a 2 week ban just about,
If they replace the ban with huge fines then that’s gonna impact on more people than just me,
But I’m thinking both of those would be better than a large number of points. as to be 3(?) points away from a ban for the next x years would be more stressful than two weeks of the missus driving me to work

[103mph]

cheers hertsbiker

[g_attrill]

103mph said:

I can probably cope with a 2 week ban just about, If they replace the ban with huge fines then that’s gonna impact on more people than just me, But I’m thinking both of those would be better than a large number of points. as to be 3(?) points away from a ban for the next x years would be more stressful than two weeks of the missus driving me to work

I have read about people walking away with 3pts and a smallish fine for more than 103, it is possible.

Just working on my memory I think that leaving it to the letter would probably get you 3 or 6 points (most likely 3) and a largish fine (£300+ ?). There is always the chance that all the mag's hate speeders and stick 6 points on you but I would bet on getting 3.

As mentioned a *brief* (less than 1 minute) plea of mitigation will go down well, I think the mags will think much more of somebody who bothers to turn up in court and look smart. There are some hints on the PePiPoo forum on wording a plea, but just explaining your situation clearly would suffice, not labouring on any point in particular.

I've not researched it but I think taking points and a fine might work out cheaper from an insurance perspective, I have never thought that a ban of any length would be appreciated by an insurer.

Gareth

[BliarOut]

Might be worth investigating the mitigation of the senior police officer who got off relatively lightly?

No links. Sorry!

[IOLAIRE]

103, just came back on.
I don't think it would be a good idea to mention you were driving an ex-police vehicle.
A great many people buy these because they are very well maintained and seriously quick, so don't mention that!!
You are right about mitigation, but the idea is that you persuade the judge that you deserve leniency because of your circumstances and how they relate to the imposition of a harsh sentence.
I think you stand an excellent chance of hanging on to your licence because of the baby and the fact that you are self employed, so that's what to focus on.

[catso]

103, I had a similar situation a couple of years ago (101 in a 60) went to court, with solicitor (in hindsight could probably have done without) well dressed, 'repentant', and with mitigating circumstances - self employed, wife & 4 young kids, although speeding was clear road during overtake etc, if banned lose job/house, but with a bit of 'previous' expecting a 1 month (ish) ban but got 6pts + £300.

All the best

[Boosted LS1]

Take a photograph of the clear and empty road with you to court

Boosted.

[nonegreen]

You blew it really by pleading guilty by post. Best bet would have been a brief and a not guilty plea then lie your arse off.

[poorcardealer]

nonegreen said:

You blew it really by pleading guilty by post. Best bet would have been a brief and a not guilty plea then lie your arse off.

You are right there....seems the people who lie are not really dealt with more severly if found guilty.

[Dwight VanDriver]

As stated by IOLAIRE prepare and rehearse what your plea of mitigation will be.Do not be overcome by the awe of the occasion. No fancy language and plain english with plenty of sack cloth and ashes and absence of danger.

Make sure that the Magistrates are aware of the HARDSHIP a ban would cause with any paper evidence of this you can come up with. In cases of genuine hardship Mags can exercise discretion and not impose a ban.

Finally I would suggest that you get to court early and seek out the Court Duty Solicitor and see if he would take on board presenting your plea.

DVD

[TripleS]

Hiya 103,

I'm very sorry to hear of your predicament, and I wish you the best possible outcome tomorrow. Some very sensible advice has been posted by others here, and I hope it will help.

Best wishes all,
Dave.

[103mph]

dear all
thanks everybody for your support and your really useful advice

I'm going to go and work out my speech

and tomorrow is the big day!

I'll come on again tomorrow and let you know how it went

cheers,
Phil