Going to court - any ideas
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bjc

Original Poster:

56 posts

291 months

Sunday 5th January 2003
quotequote all
Got lasered on the M4 at 102 and just got a note to say that the court won't accept guilty by post as they want me to appear to talk disqualification (got three points from 2 years ago).

Any one got any ideas please? Should I just represent myself and apologise again, might look better than a lawyer?! Anybody been there?

Thanks

pies

13,116 posts

276 months

Sunday 5th January 2003
quotequote all
visit the site below they are very helpful,post any questions to mika

http://pepipoo.com/

all the best in court

daydreamer

1,409 posts

277 months

Sunday 5th January 2003
quotequote all
One of my clients wsa in a similar situation (60 in 30). He took a lawyer, went on the train to court and stayed in a hotel as the hearing was early morning.

He got off very lightly, 6 pts and only £100 or so fine. Seemed to think that they saw that he took it seriously by doing the above, therefore didn't punish him too badly - there was also a hint of a reimbursment of costs by reducing the fine.

Each court may look at things differently, but I think that an effort to show that this is not a run of the mill event and is a big deal will help.

Good luck sir

ultimasimon

9,646 posts

278 months

Sunday 5th January 2003
quotequote all
Honesty is definately the best policy, but unfortunately it all comes down to the judge / magistrate on the day.

Good luck, I've been there and the wait is worse punishment than the sentence.

Edited to say don't forget to look smart. ie no jeans. Wear a suit if poss. You are not parading your fashionable clothes, moreso showing that you are a civilised person, and not a law breaking yob.

>> Edited by ultimasimon on Sunday 5th January 19:19

Mad Jock

1,272 posts

282 months

Monday 6th January 2003
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Try claiming that you are a poet. It seems to work for burglars!

outlaw

1,893 posts

286 months

Monday 6th January 2003
quotequote all
when they ask how your going to pay let rip and piss all over thefloor and tellem they can have the steam off your piss

then do the day and save your cash

kevinday

13,592 posts

300 months

Monday 6th January 2003
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Dress smartly, don't drive there, be polite and apologetic. Best bet for minimized 'damage'.

soulpatch

4,693 posts

278 months

Monday 6th January 2003
quotequote all
Just out of interest, whereabouts on the M4 were you lasered?

Bruno.

Original Poster:

56 posts

291 months

Monday 6th January 2003
quotequote all
Westbound about 1 mile before the Chippenham Junction J17.

Do the journey a lot (usually dead on 71mph ) not seen them there before. But Wiltshire are the council who have suddenly gone a bit mad on this.

Who else would decide that removing road markings = safer roads

>> Edited by Bruno. on Monday 6th January 18:10

ozzie

39 posts

295 months

Monday 6th January 2003
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I am in the same position :-) 105 on the A303... court hearing on the 14th. Best of luck mate!

PatHeald

8,058 posts

276 months

Monday 6th January 2003
quotequote all
You are either going to get six points or a disqualification.

If you get the disqualification you won't get the points. The duration of the ban is in the hands of the magistrates.

If you need your driving licence, take a letter from your employer stating that you will lose your job if you get banned.

Your mitigation falls into two groups:

Those relating to the offence, such as:

1. No associated bad driving,
2. Documents were in order (MOT, Insurance, VEL)
3. Road was quiet,
4. Weather was good.

Personal mitigation:

1. Early guilty plea,
2. You appear genuinely remorseful,
3. You need your licence for your employment,
4. It is your first ever appearance in court,
5. You drive 40,000 miles a year,
6. You take your blind quadroplegic granny for dialysis twice a week,
7. You are a teacher/social worker/district nurse/special needs assistant etc. and make a worthwhile contribution to society.

Do not go overboard on the last two, as they have heard it all before.

Employing a solicitor is unnecessary unless you are completely unable to speak for yourself. In any event, you can always write your mitigation in a letter.

There is a duty solicitor available (free of charge!)at court, but be warned that most duty solicitors have got better things to do than represent speeders. In any event, minor traffic offences fall outside the duty solicitor scheme.

If the duty solicitor is bored and you happen to be a be a leggy blonde, then doubtless he will represent you.

Go in a suit, take your driving licence and fill in a means enquiry form.

If you earn £50k, don't offer £5 per week because they take that from people on the dole.

Don't suggest you're skint if you committed the offence in a 911Turbo.

Finally, don't tell them that you did't know how fast you were going because you weren't paying any attention....it's amazing how often you hear people say this just before they get a long ban.

HTH.




>> Edited by PatHeald on Monday 6th January 20:40

bjc

Original Poster:

56 posts

291 months

Monday 13th January 2003
quotequote all
Thanks for all the help with this one. I think I ended up getting off lightly here(£80 and 14 Day Ban). I went for polite, suit wearing apology and never do it again Sir.

However the person in court before me was a lesson in what not to do:

Changed story from "late for a meeting" at the time to "though I was being followed by a car and was scared. Slowed down first and they slowed so speeded up to get away".
Used the duty solicitor who was totally unfamiliar with the case. He mumbled his way through the mitigation and let the prosecution get away with reading out the offence as "travelling at 105 mph in a sports convertible" as opposed to a car.
Got 28 days and £380. Despite needing car for work.

Morale - be honest and dont trust all lawyers.

PatHeald

8,058 posts

276 months

Monday 13th January 2003
quotequote all
Remarkable result, better than six points for three years.

The fine was very low.

Don't forget to let your insurers know.