Pleading Guilty by Post 103 in 50mph

[surveyor_101]

Colleague at work who is a likely idiot, but an idiot all the same.

Got 9 points and was caught on his motorbike doing 103 in (*correction 70 not a 50 limit)

Says he is pleading guilty by post under the assumption they can't ban him.

Anyone advise if thats the best option?

Edited by surveyor_101 on Monday 12th February 12:35

[Andy OH]

Surely he'll be summoned to attend court as there'll be no option to plead guilty by post.

At 103 mph in a 50 mph zone, he'll be banned especially with 9 points already on his licence. I have no sympathy whatsoever as he deserves to get banned to teach him a lesson.

Edited by Andy OH on Monday 12th February 11:39

[Ali Chappussy]

surveyor_101 said:

Anyone advise if thats the best option?

I would advise him to get a bus timetable!

[TooMany2cvs]

surveyor_101 said:

Says he is pleading guilty by post under the assumption they can't ban him.

He's wrong.

[Phil Dicky]

Pretty sure he would get a ban without his 9 points, and really is no justification for that speed in a 50, that he could argue in court. So at least 6 months ban I would suggest.

[Dr Jekyll]

When he gets a ban, what will happen to the points? I read somewhere you can't get points and a ban for the same offence so presumably he'll still be on 9 minus any expired once the ban finishes.

[FocusRS3]

If he seriously thinks by pleading guilty by post (if thats even an option) he wont get banned then he is as you say an idiot.

Usual rule of thumb i thought was a ban if you exceed the limit by 31mph. That may have changed of course.

He's going to lose his licence for sure

[cbmotorsport]

He can plead guilty by post, no problem. They are still going to request he comes to court so that they can ban him though.

The advantage of pleading guilty by post is only there if you're on the threshold where a ban or points are a suitable penalty. The courts like to get matters done on the day, so may be inclined to give you points rather than reschedule court time and force you to attend.

At 50%+ over the speed limit and with 9 points on his licence, he's going to lose his licence.

[SS2.]

FocusRS3 said:

Usual rule of thumb i thought was a ban if you exceed the limit by 31mph. That may have changed of course.

There is no such rule, nor has there ever been.

[cbmotorsport]

Dr Jekyll said:

When he gets a ban, what will happen to the points? I read somewhere you can't get points and a ban for the same offence so presumably he'll still be on 9 minus any expired once the ban finishes.

You can get points and a resulting totting up ban. They'll probably give him 6+ points and he'll get a 6 month ban for totting up.

Or if he's very lucky no points and a short ban for the speed and a fine. It all depends on is circumstances.

[SS2.]

Dr Jekyll said:

When he gets a ban, what will happen to the points? I read somewhere you can't get points and a ban for the same offence so presumably he'll still be on 9 minus any expired once the ban finishes.

If he's disqualified for the speeding offence outright, any existing points on his licence would be unaffected.

If he has points imposed for the speeding offence and is disqualified under the totting rules, his licence would be wiped clean of all points once the ban had been served.

[surveyor_101]

CORRECTION it was a 70 limit

[GreatGranny]

Oh, that makes all the difference then :-)

Still a ban

[Sheepshanks]

He really ought to take a advice as his best bet would be a short ban for the offence itself. If he gets banned under totting up then it's 6 mths.

I've no idea of the relative insurance impact though - I recall reading that insurance companies really don't like bans imposed for a single offence.

[TooMany2cvs]

surveyor_101 said:

CORRECTION it was a 70 limit

OK, so he's only a total cretin, instead of a complete and utter wuckfit.

Three figures when he's already on nine points... <rolls eyes>

[surveyor_101]

TooMany2cvs said:

OK, so he's only a total cretin, instead of a complete and utter wuckfit.

Three figures when he's already on nine points... <rolls eyes>

Yeh he is an idiot.

Thinks he will get a week ban and £1000 fine and also thinks pleading guilty by post is a good idea!

[The Rookie]

The court has guidance not to ban without giving the defendant a chance to attend (or send a legal representative) this is to avoid people driving while disqualified without their knowledge. I presume that is to what he's alluding to.

If he doesn't attend he will then get a ban anyway, but he'll have no chance to argue his case which may well count against him.

I would suggest the court will look at his previous history and decide 6 points and a 6 month totting ban are appropriate, he can (if he attends) submit an Exceptional Hardship case (DVLA data suggests 25% of totters get no ban through an EH plea) to have the ban reduced, potentially to nothing. Of course if he doesn't attend that won't be an option.

[ghe13rte]

surveyor_101 said:

Colleague at work who is a likely idiot, but an idiot all the same.

Got 9 points and was caught on his motorbike doing 103 in (*correction 70 not a 50 limit)

Says he is pleading guilty by post under the assumption they can't ban him.

Anyone advise if thats the best option?

Edited by surveyor_101 on Monday 12th February 12:35

Good plan. He’s a genius.

Get him to set up a website and sell the plan for £250 a time before someone else spots the flaw in the judicial system.

[agtlaw]

surveyor_101 said:

Colleague at work who is a likely idiot, but an idiot all the same.

Got 9 points and was caught on his motorbike doing 103 in (*correction 70 not a 50 limit)

Says he is pleading guilty by post under the assumption they can't ban him.

Anyone advise if thats the best option?

Edited by surveyor_101 on Monday 12th February 12:35

I assume this is an SJPN case. If so then the single magistrate will refer this case to a traditional court hearing and a summons will be issued to the defendant. If he ignores the summons then they will proceed in absence - expect a totting up ban of least 6 months and a warrant for his arrest.

Better option is to plead guilty online, elect court hearing, instruct counsel, attend court. Argue for a short ban (unlikely) or otherwise present mitigating circumstances (a.k.a. ‘an exceptional hardship plea’) to reduce the totting up ban.

An alternative he might consider is not replying to the SJPN and fingers crossed the single magistrate imposes penalty points (in error). Quite a long shot but mistakes do happen. This would also have the advantage of keeping the fine down - if he’s a high earner.

[MorganP104]

Your mate is less likely to need a pen to fill out the form, and more likely to need some of this:



There's only one way this is going to end, and that's with your friend walking like he's lost his horse.