102 in a 70. Attend court or not?
Discussion
Right, stongle has been a bad boy and got caught pressing on, on the m25. Already put my hands up to it, and accepted the consequences; but the following has happened. Tried single justice procedure, but obviously due to speed its in ban territory. First court date was sept, but case adjourned due to Covid. New court date set, but the invitation to attend says attendance is NOT required and I do not have to attend.
I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
stongle said:
Right, stongle has been a bad boy and got caught pressing on, on the m25. Already put my hands up to it, and accepted the consequences; but the following has happened. Tried single justice procedure, but obviously due to speed its in ban territory. First court date was sept, but case adjourned due to Covid. New court date set, but the invitation to attend says attendance is NOT required and I do not have to attend.
I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
It won’t be or a heftyish fine, will be and a heftyish fine.I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
The consensus is that always the best way to avoid disqualification, if that is your preference, is to avoid going to court, so if that option has been offered on the paperwork, l should bite their hand off. It may well get changed but for now don’t look a gift horse in the mouth
They were within the 6months. That was a longshot.
Just got a confirmation back, no attendance required. They are reading the cases in a closed session. If I don't like the outcome, I'm entitled to appeal it. So will see what they issue. Will let you know (cos who likes a thread with no closure).
Just got a confirmation back, no attendance required. They are reading the cases in a closed session. If I don't like the outcome, I'm entitled to appeal it. So will see what they issue. Will let you know (cos who likes a thread with no closure).
stongle said:
They were within the 6months. That was a longshot.
Just got a confirmation back, no attendance required. They are reading the cases in a closed session. If I don't like the outcome, I'm entitled to appeal it. So will see what they issue. Will let you know (cos who likes a thread with no closure).
Bear in mind you have made a guilty plea, so it is only for sentencing, if the punishment given is within the guidelines there would be no grounds for an appeal.Just got a confirmation back, no attendance required. They are reading the cases in a closed session. If I don't like the outcome, I'm entitled to appeal it. So will see what they issue. Will let you know (cos who likes a thread with no closure).
Yes do let us know how you get on
martinbiz said:
Bear in mind you have made a guilty plea, so it is only for sentencing, if the punishment given is within the guidelines there would be no grounds for an appeal.
Yes do let us know how you get on
Thats not what they have sent to me this afternoon. I can appeal any ban given, but if that is the intent I can re attend court, they have this as a new procedure for Covid. Normal rules are off. Will see how this goes.Yes do let us know how you get on
stongle said:
Right, stongle has been a bad boy and got caught pressing on, on the m25. Already put my hands up to it, and accepted the consequences; but the following has happened. Tried single justice procedure, but obviously due to speed its in ban territory. First court date was sept, but case adjourned due to Covid. New court date set, but the invitation to attend says attendance is NOT required and I do not have to attend.
I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
A lot of missing info here.I was already to go and fess up to it, with a bit of mitigation grovelling to limit ban length - but somethings come up workwise, and car is required for a bit.
I'm minded not to attend, and assuming IF they want to ban me; they will adjourn and set a new date. I can take points and fine, as DL is clean. I guess they could do that in absence?
Is this correct? Or am I risking arrest even if the letter says its optional?
Its also been 11months since the offence, is their a statute of limitations or whatever to get me convicted by.
Sentencing guidelines appear to have me facing upto 56 days ban (101-117) or hefty ish fine. Guilty please already in, so should get some credit (I think). As speed is at low end, hoping to be at the lesser ban length, but is what it is
It appears that the case has progressed beyond the SJ stage. If so then an immediate ban is on the table, whether you attend or not.
The ban can be for any length. It isn't limited to 56 days. The relevant guideline says, "101 mph and above" rather than 101-117.
Assuming you had 5 or fewer points on the day of the offence then, realistically, you're looking at 6 points or otherwise ban of 14-28 days.
A letter from your employer would likely assist avoid a ban.
The fine is a function of your income. If your income is low then it will be low. If your income is high then it will be high.
stongle said:
Thats not what they have sent to me this afternoon. I can appeal any ban given, but if that is the intent I can re attend court, they have this as a new procedure for Covid. Normal rules are off. Will see how this goes.
Have you received a Notice of Proposed Disqualification?Nobody here can properly advise you if we’re guessing what stage you’re at.
agtlaw said:
Have you received a Notice of Proposed Disqualification?
Nobody here can properly advise you if we’re guessing what stage you’re at.
No. Its a weird one. The letter they sent was very misleading. On re reading it again and again they say several times: you are not required to attend court on the date in question. Its not an option to attend. On contacting them I was told that they are effectively reading the cases, passing judgement and sending it out. As I have not received any disqualification notice yet, my guess is that a notice of proposed disqualification is what will be the next step after the read the facts out. At that point I can get my mitigation in place / lawyer up etc. I have a clean licence.Nobody here can properly advise you if we’re guessing what stage you’re at.
1. SJPN issued within 6m of the index offence
2. Plea - “Guilty I do not want to attend court”
3. Summons issued with disqualification warning
4. Adjournment notice issued (i.e. change of date)
Next hearing is a “holding date” / “holding court” not to attend (because Covid)
In due course, #5 will be a hearing notice / date to attend court.
If the above is correct then you should attend #5.
2. Plea - “Guilty I do not want to attend court”
3. Summons issued with disqualification warning
4. Adjournment notice issued (i.e. change of date)
Next hearing is a “holding date” / “holding court” not to attend (because Covid)
In due course, #5 will be a hearing notice / date to attend court.
If the above is correct then you should attend #5.
Edited by agtlaw on Thursday 17th December 15:39
agtlaw said:
1. SJPN issued within 6m of the index offence
2. Plea - “Guilty I do not want to attend court”
3. Summons issued with disqualification warning
4. Adjournment notice issued (i.e. change of date)
Next hearing is a “holding date” / “holding court” not to attend (because Covid)
In due course, #5 will be a hearing notice / date to attend court.
If the above is correct then you should attend the next hearing.
Thanks, that tallies with what I took from them today. The letter they sent is nonsense though. Case adjouned to the XX DEC. No one need attend court on this date, a new hearing date will be sent in due course. Would be helpful IF they said holding date. 2. Plea - “Guilty I do not want to attend court”
3. Summons issued with disqualification warning
4. Adjournment notice issued (i.e. change of date)
Next hearing is a “holding date” / “holding court” not to attend (because Covid)
In due course, #5 will be a hearing notice / date to attend court.
If the above is correct then you should attend the next hearing.
Will then be able to properly plan mitigation / lawyer needs.
stongle said:
Thanks, that tallies with what I took from them today. The letter they sent is nonsense though. Case adjouned to the XX DEC. No one need attend court on this date, a new hearing date will be sent in due course. Would be helpful IF they said holding date.
That's definitely a 'holding date.'A short ban would have been preferred, if the original date had gone ahead. With all this Covid nonsense, and a change in jobs - its less opportune. Its my firm, so employer letter easy - but not sure it carries the gravitas required. The role and who I contract for, might help - but not sure whether I'm overthinking it.
I went to court for 104 on the M90.
6 points and £400 fine in Scotland.....
I was close to a ban but its not an auto ban been over 100 these days.
If you want to away the court towards points not ban, attend, suited and booted and very contrite.
I was the last up on my visit and watched the Great unwashed been dealt with before me for minor criminal matters - assaults, breach peace etc.... I must have been a breathe of fresh air to the PF been polite and well spoken... And apologising for my stupidity.
6 points and £400 fine in Scotland.....
I was close to a ban but its not an auto ban been over 100 these days.
If you want to away the court towards points not ban, attend, suited and booted and very contrite.
I was the last up on my visit and watched the Great unwashed been dealt with before me for minor criminal matters - assaults, breach peace etc.... I must have been a breathe of fresh air to the PF been polite and well spoken... And apologising for my stupidity.
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