35 in a 20, First time in court, any advise for me?
35 in a 20, First time in court, any advise for me?
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HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
Ok, so I was travelling to see friends in a town roughly 80 miles from where I live and was caught speeding by a camera in the town. I am going to court in Aug in person to offer my apologies and explain that, in my defense I was driving a new car for only the second occasion, the day after I had purchased it. It is my first automatic vehicle ever owned or driven in my 27 years of driving. It is considerably smoother than my previous vehicles (new car eclass, previous 15 years of driving clios). The car is larger and when I first got it I was primarly concerned with not bumping into things! I genuinely didn't realise I was doing more that 30, genuinely didn't realise that the road I was on for the first time was a 20, and if I had been clocked at 34mph instead of 35 then I would apparently have just received a ticket in the post (something I haven't had for many years - license is clean)

What am I likely to receive as punishment?
Am I completely wasting my time pleading for leniency?
I am required to drive for work from time to time and of course also drive to and from work. A ban will ruin me.
Anyone have any advice for me going to court regarding anything I should have with me or prepare for? I know I may be required to pay a fine on the spot so will have some money in my account. What If I get banned? I'm driving to the court that is 80 miles away, I don't want my car marooned there if I get banned!

Any help/advice gratefully received, I am not one who is perpetually bombing around the place! Just been very unlucky.

Integroo

11,631 posts

114 months

Saturday 27th July 2019
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I'm no traffic lawyer, but that defence sounds like it is admitting to driving without due care and attention, which may be worse than a speeding offence ...

xjay1337

15,966 posts

147 months

Saturday 27th July 2019
quotequote all
HairbearTE said:
Ok, so I was travelling to see friends in a town roughly 80 miles from where I live and was caught speeding by a camera in the town. I am going to court in Aug in person to offer my apologies and explain that, in my defense I was driving a new car for only the second occasion, the day after I had purchased it. It is my first automatic vehicle ever owned or driven in my 27 years of driving. It is considerably smoother than my previous vehicles (new car eclass, previous 15 years of driving clios). The car is larger and when I first got it I was primarly concerned with not bumping into things! I genuinely didn't realise I was doing more that 30, genuinely didn't realise that the road I was on for the first time was a 20, and if I had been clocked at 34mph instead of 35 then I would apparently have just received a ticket in the post (something I haven't had for many years - license is clean)

What am I likely to receive as punishment?
Am I completely wasting my time pleading for leniency?
I am required to drive for work from time to time and of course also drive to and from work. A ban will ruin me.
Anyone have any advice for me going to court regarding anything I should have with me or prepare for? I know I may be required to pay a fine on the spot so will have some money in my account. What If I get banned? I'm driving to the court that is 80 miles away, I don't want my car marooned there if I get banned!

Any help/advice gratefully received, I am not one who is perpetually bombing around the place! Just been very unlucky.
Lots of excuses in your post.

Go there. Apologise profusesly.

Seek advice from an experienced lawyer.

Do not drive there.

Go for either 6 points and a fine or a short ban (2-6 weeks I think).

jamesson

3,706 posts

250 months

Saturday 27th July 2019
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HairbearTE said:
in my defense I was driving a new car for only the second occasion, the day after I had purchased it. It is my first automatic vehicle ever owned or driven in my 27 years of driving. It is considerably smoother than my previous vehicles (new car eclass, previous 15 years of driving clios). The car is larger and when I first got it I was primarly concerned with not bumping into things! I genuinely didn't realise I was doing more that 30, genuinely didn't realise that the road I was on for the first time was a 20
I can't advise on what you would get in terms of punishment but personally I wouldn't say any of that. None of it is a defence and I don't think the magistrates will take kindly to it.

HairbearTE said:
I'm driving to the court that is 80 miles away, I don't want my car marooned there if I get banned!
Could you get a train or bus? If you do get a ban, that is exactly what will happen to your car unless someone suitable can drive it back for you.

anonymous-user

83 months

Saturday 27th July 2019
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My advice would be to stick to the speed limit.

35 in a 20 isn't a slight aberration caused by a new car it's a blatant disregard for the speed limit.

anonymous-user

83 months

Saturday 27th July 2019
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I think your excuse sounds like you are admitting to not being able to drive a car correctly. Definitely leading to undue care and attention. Not knowing how quick the car is travelling or the speed of the road won't be a good thing to admit.

Monkeylegend

29,237 posts

260 months

Saturday 27th July 2019
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Agreed, if you go in with that as an excuse they might even wonder if you should be driving at all.

The fact that you have 27 years driving experience probably makes it even worse.

HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
keirik said:
My advice would be to stick to the speed limit.

35 in a 20 isn't a slight aberration caused by a new car it's a blatant disregard for the speed limit.
Agreed. I actually live in a 20 zone and never do this. As I said, I thought I was doing 30 in a 30.

Some of the replies here have shocked me tbh. I have gone from the mindset of wanting to turn up at court out of respect and to explain the circumstances to wishing I had ticked the box to have it dealt with in my absence. Oh well, nevermind. I guess I'll just turn up and stay quiet.

My employer can write a letter explaining that I am required to drive in the course of my work. Is there any point in my doing this, or is this also futile?

HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
euphoricmess said:
I think your excuse sounds like you are admitting to not being able to drive a car correctly. Definitely leading to undue care and attention. Not knowing how quick the car is travelling or the speed of the road won't be a good thing to admit.
Great. I'm pretty sure I made all these points in my defense when I replied in writing to the police accepting the charge and saying I would attend in person.

Now you have me even more wrorried.

SydneyBridge

11,749 posts

187 months

Saturday 27th July 2019
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Dress smart
You dont need to say much, just apologise for the speeding and wasting the Courts time. Dont say anything about the new car.
Take a letter from your employer saying you need to drive as part of your job, but still be prepared for a short ban

anonymous-user

83 months

Saturday 27th July 2019
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HairbearTE said:
Great. I'm pretty sure I made all these points in my defense when I replied in writing to the police accepting the charge and saying I would attend in person.

Now you have me even more wrorried.
Sorry, but it is just the way it reads.

Bare in mind that most 20mph zones are well sign posted and you are either admitting you did not see the signs and the speed camera, or that you did not have an ability to understand the speed at which you were travelling in the car. Neither is good, and both suggest that them doing you for speeding is probably a good thing as it could of been worse.

Then there is the idea that if you were done at that speed, and saw the camera, what speed were you doing prior.

I get your point around the idea that more luxurious cars can make you feel you are going less than you are, but it is still your responsibility to know what the speed limit of the road is and what speed you are going.

My feel would be to go in, make it clear you fked up and it is not something you regularly do. Make it clear that since this moment you have ensured you have not done it again (showing learning from the experience) and hope they don't go to town on you.

If you are concerned though, I would get some legal advice as they will have far more cases they can offer advice from.

HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
SydneyBridge said:
Dress smart
You dont need to say much, just apologise for the speeding and wasting the Courts time. Dont say anything about the new car.
Take a letter from your employer saying you need to drive as part of your job, but still be prepared for a short ban
Thankyou.

Digby

8,352 posts

275 months

Saturday 27th July 2019
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Tell them you were following a police car. Almost all pointless 20 mph limits in London, for example, are ignored by most people, including the police quite often.

agtlaw

7,403 posts

235 months

Saturday 27th July 2019
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HairbearTE said:
Any help/advice gratefully received...
You should have dealt with this by post / online. You don't have to turn up and waste the court's time. Unless you prefer a ban then I advise against attending court in the circumstances described. Your proposed mitigation also needs a bit of work.

35/20 is usually a ban 7-28 days or 4-6 points. Most likely 4 or 5 points. You should also expect a fine; approximately two-thirds of your net weekly income; maximum £1k but not usually over £750 following an early guilty plea. Prosecution costs are usually £85 and you will have to pay a surcharge at 10% of the fine; minimum £32 or £30 for offences before 28th June 2019.


HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
agtlaw said:
You should have dealt with this by post / online. You don't have to turn up and waste the court's time. Unless you prefer a ban then I advise against attending court in the circumstances described. Your proposed mitigation also needs a bit of work.

35/20 is usually a ban 7-28 days or 4-6 points. Most likely 4 or 5 points. You should also expect a fine; approximately two-thirds of your net weekly income; maximum £1k but not usually over £750 following an early guilty plea. Prosecution costs are usually £85 and you will have to pay a surcharge at 10% of the fine; minimum £32 or £30 for offences before 28th June 2019.
I already have a court date, 14 Aug. I will present a letter from my employer, apologise as above and say little else. Is it too late to cancel the court appearance and have it dealt with online? I wanted to appear in person because I thought it more respectful to do so.

anonymous-user

83 months

Saturday 27th July 2019
quotequote all
HairbearTE said:
keirik said:
My advice would be to stick to the speed limit.

35 in a 20 isn't a slight aberration caused by a new car it's a blatant disregard for the speed limit.
Agreed. I actually live in a 20 zone and never do this. As I said, I thought I was doing 30 in a 30.

Some of the replies here have shocked me tbh. I have gone from the mindset of wanting to turn up at court out of respect and to explain the circumstances to wishing I had ticked the box to have it dealt with in my absence. Oh well, nevermind. I guess I'll just turn up and stay quiet.

My employer can write a letter explaining that I am required to drive in the course of my work. Is there any point in my doing this, or is this also futile?
Mitigation is generally considered regarding how it might affect others, not you.

If you have problems at work they'll tend to the view that it's your problem for mucking up. Unless your boss says it's vital and you'll lose your job they'll just say suck it up and find another way.
If you have mitigation of how it might affect someone else then that's more likely to hold some sway

agtlaw

7,403 posts

235 months

Saturday 27th July 2019
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keirik said:
Mitigation is generally considered regarding how it might affect others, not you.
Incorrect.


agtlaw

7,403 posts

235 months

Saturday 27th July 2019
quotequote all
HairbearTE said:
I already have a court date, 14 Aug. I will present a letter from my employer, apologise as above and say little else. Is it too late to cancel the court appearance and have it dealt with online? I wanted to appear in person because I thought it more respectful to do so.
Too late to deal with online but you don't have to go to a pointless court hearing. Put everything in writing and post it with your employer's letter. Send everything together. Do not, for example, post the employer's letter separately to your own mitigation statement. If they want you there then you will be called in. They really won't want you there for this as it's not serious enough.

Your choice but you're wasting your own time (and court time) by attending. You will not be thanked for attending an unnecessary hearing.

HairbearTE

Original Poster:

702 posts

183 months

Saturday 27th July 2019
quotequote all
agtlaw said:
Too late to deal with online but you don't have to go to a pointless court hearing. Put everything in writing and post it with your employer's letter. Send everything together. Do not, for example, post the employer's letter separately to your own mitigation statement. If they want you there then you will be called in. They really won't want you there for this as it's not serious enough.

Your choice but you're wasting your own time (and court time) by attending. You will not be thanked for attending an unnecessary hearing.
Thankyou kindly for your advice.

junglie

2,051 posts

246 months

Saturday 27th July 2019
quotequote all
There are many who can offer advice whereas I can’t.

However, the E Class cruise control works from 20 mph. Slow down, put on cruise for 20 mph prior to reaching limit, cover the pedals and voila.

It also has a limiter function to stop you going above a set speed.

Most cars are a variation on a theme and take minutes to work the most frequently used controls.

What I am getting at is I would imagine most courts would not take anything you have written in mitigation as it is extraordinarily easy to drive at the prescribed limits in any modern car. Most people manage just fine.