A Quick Question
Discussion
A collegue of mine has had a court summons for the following:
Exceeding a 40MPH speed limit.
Driving without care for other motorists.
The letter says he has to attend court. But basically, he was speeding and under took a car.
My questions are:
Will he get banned. Is he better off representing himself explaining that he requires the car for work purposes.
Thanks.
Exceeding a 40MPH speed limit.
Driving without care for other motorists.
The letter says he has to attend court. But basically, he was speeding and under took a car.
My questions are:
Will he get banned. Is he better off representing himself explaining that he requires the car for work purposes.
Thanks.
I've no idea but everyone seems to direct these kind of queries to www.pepipoo.com/ as they have all the answers to these kind of questions.
Not mentioned is the speed alleged ?????
Speeding before Court can attract Max 1000 notes, discretionary disqualification and 3 - 6 points.
Due care, which undertaking at speed has been held to be, Max 2,500 notes and 3 - 11 points.
Unless you are very articulate and know the law then professional help may be the order of the day for him???
DVD
Speeding before Court can attract Max 1000 notes, discretionary disqualification and 3 - 6 points.
Due care, which undertaking at speed has been held to be, Max 2,500 notes and 3 - 11 points.
Unless you are very articulate and know the law then professional help may be the order of the day for him???
DVD
westy04 said:
I believe the unmarked car witnissed him undertake a car and then stated when he pulled him over, that he was clocked doing 60mph in a 40 limit.
Was he actually driving dangerously?
i.e was he passing a car on the inside of a duel carrageaway 40 zone approaching a roundabout or was he being an impatient
? If its the first then he should really seek legal advice from a brief as if it can be proved that his actions were not "dangerous" then it may help? I know of a few people that have got off because the driving was proven to be not dangerous and not without due care under the circumsstances.
If its the latter then up sh!t creek really, and hopefully then some!
gh0st said:
westy04 said:
I believe the unmarked car witnissed him undertake a car and then stated when he pulled him over, that he was clocked doing 60mph in a 40 limit.
Was he actually driving dangerously?
The charge was Careless driving if I read the post correctly
Dangerous driving is a much more serious affair and the facts of the summons reflect that.
Careless driving also covers without reasonable consideration which covers a multitude of minor transgressions.
The magistrates will not consider if the act was dangerous as he is not summonsed for that offence!
I would imagine that if he is convicted on both counts dependig on his means, he will attract a fine of about £250-£350 and 4-6 points if he pleads not guilty and is found to be guilty. The fines will probably be reflected between £150 and £300 if he pleads guilty!
I would not expect him to be disqualified for those offences unless
1. He is a totter
2. The act of Careless was at the very serious end of the scale!
>> Edited by gone on Thursday 23 December 05:47
Cheers for replies.
It was a moment of madness for him on this occassion as he is usually fairly sensible.
He did race a car off a set of lights on the stretch of the Hagley Road (Brum) which is 3 lanes wide. Thats when he undertook a car who was in the middle lane.
The exceeding the 40mph was about a mile down the road.
The summons doesn't mention racing on a public highway, which he was really worried about.
I know he is a fool on this occassion, but like I said earlier, it was out of character.
It was a moment of madness for him on this occassion as he is usually fairly sensible.
He did race a car off a set of lights on the stretch of the Hagley Road (Brum) which is 3 lanes wide. Thats when he undertook a car who was in the middle lane.
The exceeding the 40mph was about a mile down the road.
The summons doesn't mention racing on a public highway, which he was really worried about.
I know he is a fool on this occassion, but like I said earlier, it was out of character.
westy04 said:
I am glad it wasn't me.
I would have argued in court with them. The prosecution said he was weaving in and out of traffic. He only under took one car.
He was very nervous and represented himself as the duty solicitor couldn't help him.
I feel a real amount of sympathy for the guy. Having been in court twice now, once for an abandoned car issue in Scotland (PF was daft to prosecute anyway - conditional disharge and no fine or points) and once as a witness for assault, I can wholly recommend going to court a couple of times before attending "for real".
It's a scary thing and to be honest, I feel the guy may have got off lighter if his representation would have been better.
Any ideas about this last point, as I also feel he may have grounds for appeal against the conviction, fine and points if he pleaded not guilty in the first instance?
If he pleaded guilty, he can still appeal against the fine and points if I see this correctly.
westy04 said:
I am glad it wasn't me.
I would have argued in court with them. The prosecution said he was weaving in and out of traffic. He only under took one car.
He was very nervous and represented himself as the duty solicitor couldn't help him.
What do you mean 'the duty solicitor counldn't help him'?
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