I need some advice...
Discussion
Morning all. Long-time lurker here, seeking some advice specific to a colleague's situation. Bear with me; I don't know all the details and I rather suspect they're moot, anyway!
The chap concerned was lasered on his way from London to Norwich (don't know which road) and received an NIP/"identify the driver" letter citing him for doing 97 in a 70 limit. no offer of points was made at that time. he filled in the form and returned it, and has just received a Mags' Court summons for the end of this week. Questions:
1) Am I correct to assume that this means a ban's on the cards, or is he more likely looking at a big fine/6 points scenario?
2) He's about to emigrate to Switzerland (as in, next week). Would I be right in telling him that simply trotting off over there and ignoring the whole thing would be a Very Foolish Course of Action if he ever intends to return to the UK?
3) Would you advise that he attends the hearing in person or just takes whatever's coming to him in absentia? As I understand it he's already entered a guilty plea (and doesn't contend innocence in any way). Would it advantage him to turn up in best suit and be thoroughly contrite?
I've already sent him a link to PePiPoo, for all the good it's likely to do him...
Any thoughts/advice very welcome.
The chap concerned was lasered on his way from London to Norwich (don't know which road) and received an NIP/"identify the driver" letter citing him for doing 97 in a 70 limit. no offer of points was made at that time. he filled in the form and returned it, and has just received a Mags' Court summons for the end of this week. Questions:
1) Am I correct to assume that this means a ban's on the cards, or is he more likely looking at a big fine/6 points scenario?
2) He's about to emigrate to Switzerland (as in, next week). Would I be right in telling him that simply trotting off over there and ignoring the whole thing would be a Very Foolish Course of Action if he ever intends to return to the UK?
3) Would you advise that he attends the hearing in person or just takes whatever's coming to him in absentia? As I understand it he's already entered a guilty plea (and doesn't contend innocence in any way). Would it advantage him to turn up in best suit and be thoroughly contrite?
I've already sent him a link to PePiPoo, for all the good it's likely to do him...
Any thoughts/advice very welcome.
Because my understanding is that, having already entered a guilty plea, his chances of avoiding a thrown book are practically zero. I haven't (touch wood) had occasion to peruse the site thoroughly myself, but my impression was that PePiPoo is primarily concerned with avoiding/de-railing prosecution rather than mitigating the impact of it. Apologies if I'm wrong and bad-mouthing someone.
Some years ago I was done for exactly that speed but pulled up roadside further up the road rather than advised by letter. Didn't attend just filled in form with my plea and was awarded 5 point and something like a £200 fine (can't remember exact amount now but it wasn't overly large just a bit annoying). Certainly wouldn't trot off and ignore it, it's not going to be that bad so not worth the risk of future repurcussion. I would be extremely surprised at a ban as usually those are reserved for over the ton I think, unless there is dangerous driving cited etc. My feeling re attendance was that turning up will take up more of their time and they would probably rather just rattle through the paperwork, might be an incorrect assumption but makes sense in my head.
Touching Cloth said:
Some years ago I was done for exactly that speed but pulled up roadside further up the road rather than advised by letter. Didn't attend just filled in form with my plea and was awarded 5 point and something like a £200 fine (can't remember exact amount now but it wasn't overly large just a bit annoying). Certainly wouldn't trot off and ignore it, it's not going to be that bad so not worth the risk of future repurcussion. I would be extremely surprised at a ban as usually those are reserved for over the ton I think, unless there is dangerous driving cited etc. My feeling re attendance was that turning up will take up more of their time and they would probably rather just rattle through the paperwork, might be an incorrect assumption but makes sense in my head.
I agree. I would have though that in the absence of any other information about the driver or driving then the mags would just be able to exactly by the book. My guess would be 5-6 points plus a £200 fine or thereabouts. I would ring up the court to check with the clerks what the score is though.
As a yardstick, for 92 in a 70 in my absence was given 6 points and £200 fine. I appealed against this and it was deemed too harsh and reduced to 4 points.
justinp1 said:
As a yardstick, for 92 in a 70 in my absence was given 6 points and £200 fine. I appealed against this and it was deemed too harsh and reduced to 4 points.
Blimey that does seem harsh did you still get the £200 as well as 4 points or did it come down as well, I recently got done again 95 in a 70 this time (motorway again)
and got away with fixed penalty 3 points and £60.... 
PreacherCain said:
I haven't (touch wood) had occasion to peruse the site thoroughly myself, but my impression was that PePiPoo is primarily concerned with avoiding/de-railing prosecution rather than mitigating the impact of it. Apologies if I'm wrong and bad-mouthing someone.
If your friend does post his case on Pepipoo, I'm confident that he will be offered constructive advice regarding mitigation... For reference -
Pepipoo Mission Statement said:
To reveal to the ordinary UK motorist, clearly and concisely, how the police and judiciary deal with allegations of motoring offences in real life, and to provide the information motorists need to defend themselves.
PePiPoo grew out of an ordinary, everyday event - on a Sunday morning in April 2000 a car driver was stopped for speeding on a British motorway. It was the experience of that driver over the following nine months, as the judicial process ground along with little apparent regard for facts or rights, that built the conviction that motorists should know how the law actually works when it comes to speeding. In this site we aim to show you how the system works, and what you can do to defend yourself and obtain a just result.
Important Notice
PePiPoo do not condone breaking the law. We simply believe that motorists have the right to be treated fairly, in accordance with normal legal principles and with respect for their rights, and that allegations of motoring offences, such as speeding, should not be treated simply as an administrative issue leading efficiently and inevitably to a conviction.
PePiPoo grew out of an ordinary, everyday event - on a Sunday morning in April 2000 a car driver was stopped for speeding on a British motorway. It was the experience of that driver over the following nine months, as the judicial process ground along with little apparent regard for facts or rights, that built the conviction that motorists should know how the law actually works when it comes to speeding. In this site we aim to show you how the system works, and what you can do to defend yourself and obtain a just result.
Important Notice
PePiPoo do not condone breaking the law. We simply believe that motorists have the right to be treated fairly, in accordance with normal legal principles and with respect for their rights, and that allegations of motoring offences, such as speeding, should not be treated simply as an administrative issue leading efficiently and inevitably to a conviction.
Touching Cloth said:
justinp1 said:
As a yardstick, for 92 in a 70 in my absence was given 6 points and £200 fine. I appealed against this and it was deemed too harsh and reduced to 4 points.
Blimey that does seem harsh did you still get the £200 as well as 4 points or did it come down as well, I recently got done again 95 in a 70 this time (motorway again)
and got away with fixed penalty 3 points and £60.... I understood that the guidelines are up to 96 is a fixed penalty.
PreacherCain said:
Because my understanding is that, having already entered a guilty plea, his chances of avoiding a thrown book are practically zero. I haven't (touch wood) had occasion to peruse the site thoroughly myself, but my impression was that PePiPoo is primarily concerned with avoiding/de-railing prosecution rather than mitigating the impact of it. Apologies if I'm wrong and bad-mouthing someone.
It's gone too far already to be able to do much to mitigate this (other than a full blown challange of the offence itself). Now he's been summonsed then presumeably if he didn't respond by letter or in person then the presumeably the court would issue a warrant for his arrest. That would make re-entry into the UK somewhat nerve-wracking!
If he was eariler in the process, at the S172 or NIP phase, then he perhaps could have submitted his Swiss address and maybe it would have gone away.
deva link said:
Touching Cloth said:
justinp1 said:
As a yardstick, for 92 in a 70 in my absence was given 6 points and £200 fine. I appealed against this and it was deemed too harsh and reduced to 4 points.
Blimey that does seem harsh did you still get the £200 as well as 4 points or did it come down as well, I recently got done again 95 in a 70 this time (motorway again)
and got away with fixed penalty 3 points and £60.... I understood that the guidelines are up to 96 is a fixed penalty.
Only if you accept your roadside shafting...
justinp1 said:
deva link said:
Touching Cloth said:
justinp1 said:
As a yardstick, for 92 in a 70 in my absence was given 6 points and £200 fine. I appealed against this and it was deemed too harsh and reduced to 4 points.
Blimey that does seem harsh did you still get the £200 as well as 4 points or did it come down as well, I recently got done again 95 in a 70 this time (motorway again)
and got away with fixed penalty 3 points and £60.... I understood that the guidelines are up to 96 is a fixed penalty.
Only if you accept your roadside shafting...
Upon conviction, the current Magistrates' Sentencing Guidelines for 26mph over in a 70 limit are 4-5 points or a short period of disqualification (upto 42 days, IIRC).
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