Any good solicitors out there? 105mph need help fast!
Any good solicitors out there? 105mph need help fast!
Author
Discussion

CERSA

Original Poster:

12 posts

231 months

Saturday 15th September 2007
quotequote all
I got a ferrari 360 spyder for the day [prize from work] and was nabbed at 105mph by laser on bridge over M6 toll. I need a decent lawyer - any recommendations? what to do and what to avoid?

JustinP1

13,363 posts

261 months

Saturday 15th September 2007
quotequote all
Not a glib question, but why do you want a lawyer? What do you want to achieve?

polus

4,343 posts

256 months

Saturday 15th September 2007
quotequote all
Ummm becuase he'll be taking a trip to court?

Brink

1,505 posts

239 months

Saturday 15th September 2007
quotequote all
What do drive normally? And is it significantly less performance than the 360?

wasted years

4,330 posts

240 months

Saturday 15th September 2007
quotequote all
105 eh? Sounds like a case of trousers on backwards and grasp ankles. Seriously though - unless you have some serious mitigation I would just face to up to expecting the court to come down heavy on you. The court should have a duty solicitor that day and you can have a chat though IMO that is verging on pointless and further potential court appearances.

CERSA

Original Poster:

12 posts

231 months

Saturday 15th September 2007
quotequote all
I expect to be read the riot act and hit in the wallet.. what I need to avoid is a ban... What is IMO? you referred to discusssion with duty solicitor.. sorry for ignorance? I have a z4 3.0ltr, do you think my everyday car would be relevant somehow?

wasted years

4,330 posts

240 months

Saturday 15th September 2007
quotequote all
IMO - In My Opinion

The court should have a duty solicitor - legal aid will usually meet the cost of your first interview with a solicitor if nothing else. If you have a job, you may have to make a contribution towards the cost. In some cases the duty solicitor will go into court with you there and then, otherwise (s)he will be able to help you get another solicitor.

The main situation where you would be less likely to get legal aid is where the case is a simple one that you are capable of representing yourself in.

The Court Service offers advice and support to anyone going to court.
Telephone: 020 7210 2269
Address: Customer Service Unit, Southside, 105 Victoria Street, London, SW1E 6QT

JustinP1

13,363 posts

261 months

Saturday 15th September 2007
quotequote all
polus said:
Ummm becuase he'll be taking a trip to court?
...yes..... I know this.... and what would he be wanting to get from the solicitor?

If he is pleading guilty then all that this shows the magistrates is:

1) For some reason the defendant doesnt think it right to put forward his own mitigating circumstances and

2) He can afford a solicitor.

Both of which do not affect the outcome positively, in fact can only do the opposite.

So... unless there is a very very good reason for doing so (which is what I was finding out) then the solicitor route is not the first thing to think about.

CERSA

Original Poster:

12 posts

231 months

Saturday 15th September 2007
quotequote all
JustinP1... so what are you suggesting? what would you do in my situation?.. Should I just show up, plead guity, submit my own mitigation and throw myself on the mercy of the magistrate? .... recieved knowledge seems to indicate it's best to use a solicitor but to be honest the magistrates are a very unpredictable lot... I could spend thousands on them and still be singled out and stiffed at court.

CERSA

Original Poster:

12 posts

231 months

Saturday 15th September 2007
quotequote all
Brink - would my everyday car actually a Z4 3.0ltr as of 3 weeks ago, be relevant, d'ya think if I claim it's a polo or similar they'l take pitty on me as inexperienced and unable to manage the fezza?

fluffnik

20,156 posts

258 months

Saturday 15th September 2007
quotequote all
Was it you driving?

Speed limits are evil, campaign to have them abolished.

JustinP1

13,363 posts

261 months

Saturday 15th September 2007
quotequote all
CERSA said:
JustinP1... so what are you suggesting? what would you do in my situation?.. Should I just show up, plead guity, submit my own mitigation and throw myself on the mercy of the magistrate? .... recieved knowledge seems to indicate it's best to use a solicitor but to be honest the magistrates are a very unpredictable lot... I could spend thousands on them and still be singled out and stiffed at court.
Recieved *assuption* is that court=solicitor.

However, if you are pleading guilty your solicitor has a simple job. They ask you for the circumstances of the offence, mitigating circumstances and offer these as well as personal circumstances there to keep you away from a ban if that is what you ask.

If you have a solicitor, he *could* argue your case and you could get less than you would have if you argued yourself.

Or... if you defend yourself and you are genuine then you *could* get a better result than if you were represented.

Balanced scales of probability? Yes, in my opinion. However with the solicitor route you are X hundred pounds down even before the punishment is dealt out.

The only exception to this would be if you MUST MUST MUST not get a ban. But again, unless you have the 'raw material' for a case for no ban, for example you ferry disabled children swimming each week, then even the solicitor cannot weave magic.

My personal advice is that magistrates are normal people. They see scrotes and sometimes clever lawyers all day. If you defend yourself as a decent honest bloke who has made a mistake then you are doing yourself every chance of getting the best result possible.

Do you have a clean licence? If yes, then tell the court that. You can explain the situation of the offence - this also works in your favour - you of course do not 'usually' speed at all, you were in an unfamiliar car and very powerful car and you didnt realise how fast you were going, an honest 'mistake' - something which never happens in your own car.

You are sorry for what has happened and you have arrived smartly dressed and are polite and remorseful.

My guesstimate is 70% chance of 6 points and a couple of hundred quid fine against 30% chance of a short ban of a couple of weeks and a similar fine.

What will work you into the scales of probablity will be the magistrates themselves - but there is nothing you can do about that.

Compare that to turning up with a £300 solicitor. He has about the same chance of the same results above, however you have fallen foul of showing the magistrates that if nothing else you can afford a £300 solicitor! Your fine will be the same or more and you will have to pay your brief too.

I would say it is up to you and how confident you are in coming over as a decent honest guy - that is your best policy!

Sheriff JWPepper

3,851 posts

235 months

Saturday 15th September 2007
quotequote all
Now that's been answered, what did you think of the fezza? 105 the most you got? wink

JustinP1

13,363 posts

261 months

Saturday 15th September 2007
quotequote all
Sheriff JWPepper said:
Now that's been answered, what did you think of the fezza? 105 the most you got? wink
Also, this is the third time someone has been lasered on the 'toll' that I have heard of.

Damn f***ing shame, as it is a nicest, smoothest and emptiest bit of motorway with nice bends in it in the UK.

Has there actually been an accident on there!!??

vonhosen

40,597 posts

248 months

Saturday 15th September 2007
quotequote all
JustinP1 said:
Sheriff JWPepper said:
Now that's been answered, what did you think of the fezza? 105 the most you got? wink
Also, this is the third time someone has been lasered on the 'toll' that I have heard of.

Damn f***ing shame, as it is a nicest, smoothest and emptiest bit of motorway with nice bends in it in the UK.

Has there actually been an accident on there!!??
They're in good company. The head of GMP Trafpol was caught on there.

Brink

1,505 posts

239 months

Saturday 15th September 2007
quotequote all
CERSA said:
Brink - would my everyday car actually a Z4 3.0ltr as of 3 weeks ago, be relevant, d'ya think if I claim it's a polo or similar they'l take pitty on me as inexperienced and unable to manage the fezza?
In the absence of any judicial sense, it might be worth a run at it.

vonhosen

40,597 posts

248 months

Saturday 15th September 2007
quotequote all
Brink said:
CERSA said:
Brink - would my everyday car actually a Z4 3.0ltr as of 3 weeks ago, be relevant, d'ya think if I claim it's a polo or similar they'l take pitty on me as inexperienced and unable to manage the fezza?
In the absence of any judicial sense, it might be worth a run at it.
Oh yeah,I can see saying I am inexperienced with high powered cars & was driving 50% above the limit in a car I've never driven before being really helpful rolleyes

JustinP1

13,363 posts

261 months

Saturday 15th September 2007
quotequote all
Brink said:
CERSA said:
Brink - would my everyday car actually a Z4 3.0ltr as of 3 weeks ago, be relevant, d'ya think if I claim it's a polo or similar they'l take pitty on me as inexperienced and unable to manage the fezza?
In the absence of any judicial sense, it might be worth a run at it.
i have heard a couple of 'professional' solicitors use this as mitigation.

To be honest they didn't put forward anything in mitigation that a reasonably literate person could not have done themselves and they would of course asked for £200-£400 for the dubious benefit...

uk_vette

3,336 posts

235 months

Sunday 16th September 2007
quotequote all
Why have a front number plate?,
o.k. so it's part of the requirements of identifying your car, or not.
That little misdemenour (sp) of no front plate will only cost you 40.00
Now look at the trouble you could be in.
Ban front number plates.


JustinP1

13,363 posts

261 months

Sunday 16th September 2007
quotequote all
vonhosen said:
Brink said:
CERSA said:
Brink - would my everyday car actually a Z4 3.0ltr as of 3 weeks ago, be relevant, d'ya think if I claim it's a polo or similar they'l take pitty on me as inexperienced and unable to manage the fezza?
In the absence of any judicial sense, it might be worth a run at it.
Oh yeah,I can see saying I am inexperienced with high powered cars & was driving 50% above the limit in a car I've never driven before being really helpful rolleyes
It is much better than telling the court that you usually drive that fast! ... and you were only unlucky to get caught as you were driving a flash car and giving it a 'rag'.

Come on Von, find it in your heart to have *some* empathy - even the magistrates do that!

Edited by JustinP1 on Sunday 16th September 00:01