Trip to the Magistrates - FYI
Discussion
Having waited 6 months (I had thought several times that I must have got away with it) Alas, a Nottinghanshire summons for 106mph (0.3/mile !), M1 Notts, undertaking a unmarked vascar car...eeek finally arrived! How long is reasonable to wait? it was like a death sentence, having already rcvd 6 'pointers' the prospect of 6 month 180 day ban, throughout the summer albeit UK 'summer', was enough for me to think of selling the fleet of rocket ships (CBRR & RSVR).
I was guilty to boot, but planned to attend court, apologise and explain my personal circumstances. In hind sight, it was the best course of action, as opposed to ticking the guilty by post option.
The court was daunting, not least due to the reprobates that are gathered around, each one had a GBH/GBA look about them, although I do accept, despite my own social outlook and class grouping, I had broken the law in the eyes of the law, so we were all one in the same boat.
So, after listening to the case before me (i am now fully versed in how to avoid a 3 point traffic camera flash visa vee 'excuse that works'), my case was called.
The prosecutor read out the 'facts' and then I was asked to explain my actions and any mitigating circumstances, which I did by addressing the magistrates directly and having also supplied a plea in writing.
I accepted my guilt and apologised, explained I had increased my speed to avoid danger (cars in lane 3 not returning to lane 2 or 1) but did not think I went above 100mph (!), questioned the validity of the police statement, specifically their use of a rather ambiguous 'i chose a white mark on the road to start the timing and another white mark to complete the recording' and I displayed contrition for my actions (by attending court). I explained my personal circumstances..work/livelihood...oh and I forgot to mention, I represented myself..no breif (£600),
The upshot was, the court officals were all very couteous, reasonable to deal with and after a 15min break for their consideration, handed me what I would consider a 'lenient' sentence - 28 day, and fine.
The court was sensible, used fair judgement, the police statement was ambiguous, I was riding resposnibly but speeding all the same and I said sorry. If only the traffic cop could have used their discretion and judgement in the first place.
The unmarkeed cars operated between M1 J20-28 - 2 cars Blue and a Green old 5 series Beemers...the interior of the blue one smells like a tramp has died in it, then again..
NB: if you haven't already, read The Driver's Survival Handbook By Martin Thwaite
I was guilty to boot, but planned to attend court, apologise and explain my personal circumstances. In hind sight, it was the best course of action, as opposed to ticking the guilty by post option.
The court was daunting, not least due to the reprobates that are gathered around, each one had a GBH/GBA look about them, although I do accept, despite my own social outlook and class grouping, I had broken the law in the eyes of the law, so we were all one in the same boat.
So, after listening to the case before me (i am now fully versed in how to avoid a 3 point traffic camera flash visa vee 'excuse that works'), my case was called.
The prosecutor read out the 'facts' and then I was asked to explain my actions and any mitigating circumstances, which I did by addressing the magistrates directly and having also supplied a plea in writing.
I accepted my guilt and apologised, explained I had increased my speed to avoid danger (cars in lane 3 not returning to lane 2 or 1) but did not think I went above 100mph (!), questioned the validity of the police statement, specifically their use of a rather ambiguous 'i chose a white mark on the road to start the timing and another white mark to complete the recording' and I displayed contrition for my actions (by attending court). I explained my personal circumstances..work/livelihood...oh and I forgot to mention, I represented myself..no breif (£600),
The upshot was, the court officals were all very couteous, reasonable to deal with and after a 15min break for their consideration, handed me what I would consider a 'lenient' sentence - 28 day, and fine.
The court was sensible, used fair judgement, the police statement was ambiguous, I was riding resposnibly but speeding all the same and I said sorry. If only the traffic cop could have used their discretion and judgement in the first place.
The unmarkeed cars operated between M1 J20-28 - 2 cars Blue and a Green old 5 series Beemers...the interior of the blue one smells like a tramp has died in it, then again..
NB: if you haven't already, read The Driver's Survival Handbook By Martin Thwaite
OK, the guy was appealing against a 3 point fixed penalty notice for speeding (49 in 40)- past a traffic speed camera.
His 'alibi' was that as he approached the spot where the camera was positioned and whence he was speeding(he said the camera location was known to him, being a local), he had heard an emergency siren and caught a glimpse of the flashing lights in his rear view mirror. He said there was no safe opportunity to move into the left hand lane of the dual carriageway because of traffic that was queing to turn left at the junction ahead, so instead he considered the safest action was to accelerate pass the queing traffic and then safely moving across in the left hand lane. He acknowledeged the flash at the time and also wrote to the local police expalining the situation/scenario, although it was still referred to the court for prosecution.
The guy took the stand/oath and was 'cross-questioned' by the residing prosecutor (bored out of his head), who asked him to further questions; what type of emergency vehicle was it? Plantiff: Paramedic 4x4 ambulance, what happedn next and where did the ambulance go? The ambulance turned left at the junction before the traffic speed camera.
There was no proof either way, the prosecutor couldn't be arsed, the Magistrates gave him a 6 month suspended sentence, nice job.
He walked, no points, no costs. The things you can learn! I wonder what more one could learn from being inside the nick?
His 'alibi' was that as he approached the spot where the camera was positioned and whence he was speeding(he said the camera location was known to him, being a local), he had heard an emergency siren and caught a glimpse of the flashing lights in his rear view mirror. He said there was no safe opportunity to move into the left hand lane of the dual carriageway because of traffic that was queing to turn left at the junction ahead, so instead he considered the safest action was to accelerate pass the queing traffic and then safely moving across in the left hand lane. He acknowledeged the flash at the time and also wrote to the local police expalining the situation/scenario, although it was still referred to the court for prosecution.
The guy took the stand/oath and was 'cross-questioned' by the residing prosecutor (bored out of his head), who asked him to further questions; what type of emergency vehicle was it? Plantiff: Paramedic 4x4 ambulance, what happedn next and where did the ambulance go? The ambulance turned left at the junction before the traffic speed camera.
There was no proof either way, the prosecutor couldn't be arsed, the Magistrates gave him a 6 month suspended sentence, nice job.
He walked, no points, no costs. The things you can learn! I wonder what more one could learn from being inside the nick?
My kid brother got caught in a similar manner on the M3 at 106mph. He got 6 points and a fine (no ban). In a way the points made him drive carefully for 3 years, whereas a 4 week ban would have given him 0 points.
Its about time magistrates across the country started applying the same rules to everyone for traffic offences. Unless you have a REALLY good reason.
Its about time magistrates across the country started applying the same rules to everyone for traffic offences. Unless you have a REALLY good reason.
catso said:
Its about time magistrates across the country started applying the same rules to everyone for traffic offences. Unless you have a REALLY good reason.
It's about time we had some sensible rules to be applied, along with sensible speed limits and sensible enforcement.
Oh come on. Now you're being sensible
Streetcop said:
About what I would expect the sentence to be, seemydosh.
Do your ban..put it behind you and carry on...
Practise safe driving...a bit more patience etc etc...
Hope it doesn't tarnish you in anyway..
Regards,
I think SC means don't turn into a bitter twisted Rodent like me..........
H
Street/Hamster
One's first reaction is to trivialise the whole process and the people involved, that would have been my reaction 4 years ago, the fact is, I had got away for too long speeding on the bike (it's just so easy and very 'safe' to do so in many places), the 'trap' has taught me a lesson, to be even more vigilent and drop my speed a tad.
The equation for considering the total cost of a lengthy ban could have gone like this:
x2 bike sales - including depreciation £4000
x2 bike policies - 6 months loss £800
x2 road fund licence - 6 months £60
x1 6 months loss of use of car for social & business £2000
Instead I have the whole summer riding to look forward to; UK/France and Spain
Smd
One's first reaction is to trivialise the whole process and the people involved, that would have been my reaction 4 years ago, the fact is, I had got away for too long speeding on the bike (it's just so easy and very 'safe' to do so in many places), the 'trap' has taught me a lesson, to be even more vigilent and drop my speed a tad.
The equation for considering the total cost of a lengthy ban could have gone like this:
x2 bike sales - including depreciation £4000
x2 bike policies - 6 months loss £800
x2 road fund licence - 6 months £60
x1 6 months loss of use of car for social & business £2000
Instead I have the whole summer riding to look forward to; UK/France and Spain
Smd
outnumbered said:
the Magistrates gave him a 6 month suspended sentence. nice job
Nice job ? So he's now got a criminal record, instead of 3 points ? Not a trade I'd be looking to make. On what basis did they give him a prison sentence (albeit suspended) ?
No my friend, a court sees it fit to punish the crime, this is in the form of a court 'sentence', which you are bound by.
"A court judgment, especially a judicial decision of the punishment to be inflicted on one adjudged guilty. The penalty meted out"
So a sentence is not a 'stretch' or prsion term which I think you are refering to. The guy rcvd a 3 point 6 month suspended sentence, that is if he commits another traffic camera offence in 6 months, the first 3 points will also be added, making 6 points in total.
cheers.
seemydosh said:
Street/Hamster
One's first reaction is to trivialise the whole process and the people involved, that would have been my reaction 4 years ago, the fact is, I had got away for too long speeding on the bike (it's just so easy and very 'safe' to do so in many places), the 'trap' has taught me a lesson, to be even more vigilent and drop my speed a tad.
The equation for considering the total cost of a lengthy ban could have gone like this:
x2 bike sales - including depreciation £4000
x2 bike policies - 6 months loss £800
x2 road fund licence - 6 months £60
x1 6 months loss of use of car for social & business £2000
Instead I have the whole summer riding to look forward to; UK/France and Spain
Smd
Interesting, most of us trivialise the whole speeding thing from a point of not been caught yet.
I guess to actually be presented as the defendant in a court case tests the actual base of your convictions. if you'll pardon the pun.
outnumbered said:
the Magistrates gave him a 6 month suspended sentence. nice job
Nice job ? So he's now got a criminal record, instead of 3 points ? Not a trade I'd be looking to make. On what basis did they give him a prison sentence (albeit suspended) ?
Sorry but in this scenario this is proof that it just isn't worth speeding up and getting a fine and suspended sentence.
This situation has happened to me in the past and I just carried on slightly under the speed limit until it was safe to pull over (inside lane had enough space) and let them past.
A 28 day day ban for 106 on the M way? Is that correct?
Any you lot all think thats Ok?
I am obviously out of step I would be wishing the Magistrate gets cancer if that were me. This country is disgusting, the laws are disgusting and the people who impliment them have no mandate to do so. You can kind of understand where the muslim terorists are coming from. Or the IRA for that matter.
Ludicrous nobody came to any harm and the shit kickers think a 28 day ban is OK.
Should be fined £10 and 1 point and a bollocking for the cop who stopped him for wasting the courts time.
Any you lot all think thats Ok?
I am obviously out of step I would be wishing the Magistrate gets cancer if that were me. This country is disgusting, the laws are disgusting and the people who impliment them have no mandate to do so. You can kind of understand where the muslim terorists are coming from. Or the IRA for that matter.
Ludicrous nobody came to any harm and the shit kickers think a 28 day ban is OK.
Should be fined £10 and 1 point and a bollocking for the cop who stopped him for wasting the courts time.
nonegreen said:
I am obviously out of step I would be wishing the Magistrate gets cancer if that were me.
You obviously have no experience of someone having cancer or even having it yourself. To wish this on anyone is way, way, out of order.
H
>> Edited by Hamster on Tuesday 15th February 19:39
Hamster said:
I am obviously out of step I would be wishing the Magistrate gets cancer if that were me.
You obviously have no experience of someone having cancer or even having it yourself. To wish this on anyone is way, way, out of order.
H
>> Edited by Hamster on Tuesday 15th February 19:39
Both my parents have had cancer, I have had 3 uncles die of it and one has had 2 lots bowel and now lung, his life hangs in the balance. My favourite boss died in agony of it and I sat by her bedside and was horrified so stop preaching I know what I said.
These magistrates are scum and slime IMO they are worse than Hitler. I am not out of order I am simply angry. We have a judicairy that has completely lost its way and a police force that is run by incompetent criminals like Brunstrum. I sincerly hope every nasty disease life can throw at them sticks and I am not ashamed in anyway to feel like that. These people have no mandate for this silliness, and its a great pity more don't think like me cos we would have old people sleeping safely at night and criminals breaking rocks each day. Right minded citizens should overun the courts and smash the chattels of the justice system. We would be better off with anarchy than we are with this nonsense.
gone said:
There was no proof either way, the prosecutor couldn't be arsed, the Magistrates gave him a 6 month suspended sentence, nice job.
Christ!
Muggers dont even get that type of sentence for rolling old ladies for their pensions round here!
WTF the person above obviously didnt get a suspended sentance 1. its not possible to get a Suspended sentance for speeding and 2. he said he was found not guilty and walked.
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