Going to court on Monday.
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Discussion

swindorski46

Original Poster:

1,017 posts

305 months

Friday 16th April 2004
quotequote all
I'm in the magistrates court in monday for doing 105 on a motorway.

I've already entered a guilty plea, so what's my best line of defence for avoiding a ban?

Needing my license for work is a biggy I know but will the fact that I have had a clean license for 9 years help too?

nightmare

5,277 posts

306 months

Friday 16th April 2004
quotequote all
not a lot Im afraid.....they will just asume you've been lucky until now and not got caught....

best defence is always be staggeringly apologetic, make it clear that you do understand how serious it is ("I was in a rush", "Its the speed limits that are wrong not me", "I was tripping masively and thought I was piloting a Eurofighter" - all these phrases are to be avoided!) and that you wont be doing it again

DONT try and be smart
DONT try and argue you were in the right

decent conditions and a quiet time of day will help a bit
needing car for work is important but in theory NOT something the magistrates can use not to ban you - only if someone eles relies on you having the car is that relevant.

suggest : very, very sorry...been driving nine years without incident or ticket, take driving seriously, cannot defend the speed you were doing but it was good conditions etc. will never happen again. need car for work and will lose job and be unemployed if banned. so sorry

hope this is some help
Night

xxplod

2,269 posts

266 months

Friday 16th April 2004
quotequote all
Yes, the phrase is "special reasons" not to ban. If you can link how your loss of job may have a severe impact on your ability to; care for your elderly and not very mobile parents/relative or take your child to school etc... this can work well.

cptsideways

13,816 posts

274 months

Friday 16th April 2004
quotequote all
Ask the policeman against you if he considered your driving dangerous in any other way, (ask beforehand just in case). Ask if you were leaving a gap, indicating & driving carefully. Mention your used to autobahns where you drive accordinging to the conditions of the road. Say you were concentrating on the road conditions & its hazards & did'nt realise the speed was quite as staggeringly high etc.

Always worth a try but be very apologetic

swindorski46

Original Poster:

1,017 posts

305 months

Friday 16th April 2004
quotequote all
cptsideways said:
Ask the policeman against you if he considered your driving dangerous in any other way


Will the copper who pulled me be there?!

kevinday

13,639 posts

302 months

Friday 16th April 2004
quotequote all
Well.. he can't give evidence if he is not there, you may get lucky and if he is not there the prosecution will not be able to offer any evidence = case dismissed

swindorski46

Original Poster:

1,017 posts

305 months

Friday 16th April 2004
quotequote all
kevinday said:
if he is not there the prosecution will not be able to offer any evidence = case dismissed


Even though I've entered a guilty plea?

Excuse my ignorance, I've never been to court before, but does that really happen?

>> Edited by swindorski46 on Friday 16th April 14:51

EVO6RSS

32 posts

276 months

Friday 16th April 2004
quotequote all
Having been in this situation myself.. 114mph, the advise given above is your best bet...

Really serious appology and make it sincere.. The approach that i took was to wirte a statement of mitigation, detailing the event and entering a plea & major apology..

I got a 7 day ban.. I would advise u to go for a short ban.. if u get 14 days big deal get the train or take as holiday from work, it is much better than the 9 points from court, 2 weeks later talivan and then XXX yrs odd ban for totting that u could be on if u go the points route.

If u write a good statement, they will ask u if u want to add anything else in court, just say no mam.. the risk of pi$$ing them off is too high in my opinion.. wear a suit, be on time and ask to be seen first.

When they speak to u, try to sound relativly articulate even if it is to only confirm your name etc..

This lot I am sure u know.. Also the copper won't be in court, just some muppet from the CPS..

Laters..

EVO6RSS.

swindorski46

Original Poster:

1,017 posts

305 months

Friday 16th April 2004
quotequote all
EVO6RSS said:
the copper won't be in court, just some muppet from the CPS.


Cheers for that.

I don't think that particular copper likes me!

raymondwalker_uk

11 posts

269 months

Friday 16th April 2004
quotequote all
i got a month ban for a first offence even though my work was all over the UK. Unless you get a really stupid Magistrate (as many are), you will be getting a holiday from driving.

johnpage

6 posts

272 months

Friday 16th April 2004
quotequote all
In my youth I was caught doing 120 in my fathers car on the m25 near brentwood and had to go to grays magistrates court, THE scariest place i had ever been, but i was very apologetic and explained that having just got engaged to my long term girlfriend we was on our way to tell her parents the good news and was not aware that the car could do such speeds...very very apologetic and sincere in all things said and the most boring M&S suit we could find.....result 7 days ban and £60 fine plus £30 court costs.Best of luck dress smart but not flash and be apologetic and sincere , its the only way.

PS; we hadnt got engaged , in fact i was rushing one of her best friends home without being spotted..a bit of sideways action never hurt anyone.

Good luck

gemini

11,352 posts

286 months

Friday 16th April 2004
quotequote all
Good luck Joe
From your lawful RO

(reminds self to watch him on next run out!)

Dwight VanDriver

6,583 posts

266 months

Saturday 17th April 2004
quotequote all
Swindy....

Get to Court early and through a Court Usher try and have a word with The Duty Court Solicitor.

See if he would be prepared to take your case on in pleading mitigation and putting forward Special Reasons.

If he does then the initial consultation/action at Court should be free but if he suggests an adjourment to marshall facts then there will be a cost. Get him to explain.

DVD

london gt3

1,066 posts

263 months

Saturday 17th April 2004
quotequote all
I attended Court with a friend of mine who was up for 118mph on the M18 about 10 years ago. He had employed a solicitor and I attended to drive him home afterwards! In fact, he avoided a ban. His solicitor used the major argument about loss of job etc. However, an interesting point was made that the car was new, capable of 140mph and well within its capabilities at 118mph. This coupled with my mates age/experience (he was 45 at the time) contributed to his lenient treatment.

penelopepitstop

775 posts

272 months

Saturday 17th April 2004
quotequote all
swindorski46 said:

EVO6RSS said:
the copper won't be in court, just some muppet from the CPS.



Cheers for that.

I don't think that particular copper likes me!

Yeah cheers for that EVO! No sweeping insults about people you don't even know! I'll try not to take it personally.

As I work for North Yorkshire CPS (albeit with the Crown Court side of it so I mainly get to see the appeals against speed related driving bans) I just thought I'd mention that the main reason they get overturned is if the appellant has a reliant party rather than any personal requirement of a licence for employment. So if your infirm Aunty Mabel relies on you to take her to the hospital every week you may have more chance of keeping your licence

mustard

6,992 posts

267 months

Saturday 17th April 2004
quotequote all
penelopepitstop said:

swindorski46 said:


EVO6RSS said:
the copper won't be in court, just some muppet from the CPS.




Cheers for that.

I don't think that particular copper likes me!


Yeah cheers for that EVO! No sweeping insults about people you don't even know! I'll try not to take it personally.

As I work for North Yorkshire CPS (albeit with the Crown Court side of it so I mainly get to see the appeals against speed related driving bans) I just thought I'd mention that the main reason they get overturned is if the appellant has a reliant party rather than any personal requirement of a licence for employment. So if your infirm Aunty Mabel relies on you to take her to the hospital every week you may have more chance of keeping your licence


stranger

swindorski46

Original Poster:

1,017 posts

305 months

Monday 19th April 2004
quotequote all
I'm leaving for the courts in about 5 minutes.

Any last bits of advice?

Byff

4,427 posts

283 months

Monday 19th April 2004
quotequote all
swindorski46 said:
I'm leaving for the courts in about 5 minutes.

Any last bits of advice?


Put a copy of the Yellow pages down the back of your pants and expect a severe thrashing.

Good luck.

Mrs Fish

30,018 posts

280 months

Monday 19th April 2004
quotequote all
Good Luck

swindorski46

Original Poster:

1,017 posts

305 months

Monday 19th April 2004
quotequote all
Banned for 5 weeks and a £250 slap.

Maybe if I'd have worn a shellsuit and a burberry cap I'd have got a weekends driver traing in the Algarve......

God I hate busses.

>> Edited by swindorski46 on Monday 19th April 12:31