Court appearance
#1
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Court appearance
Dirty laundry time:
I have been summonsed(sp?) to court for speeding >>>>>I KNOW I KNOW, you dont all have to start chastising me at once (37 in a 30 4th and final sp30)......here looking to find out what i can expect, should i get a solicitor, any idea on amount i could get fined , could i lose my licence ?
Feel free to pm me if you do wish to offer first hand knowledge but do not want to be ripped apart for driving above the speed limit as i guess i am about to be.
Thanks in advance to anyone who can give me an idea of what to expect.
I have been summonsed(sp?) to court for speeding >>>>>I KNOW I KNOW, you dont all have to start chastising me at once (37 in a 30 4th and final sp30)......here looking to find out what i can expect, should i get a solicitor, any idea on amount i could get fined , could i lose my licence ?
Feel free to pm me if you do wish to offer first hand knowledge but do not want to be ripped apart for driving above the speed limit as i guess i am about to be.
Thanks in advance to anyone who can give me an idea of what to expect.
#2
when you say "4th and final sp30" does that mean you already have 9 points in the last 3 years?
If you have then it's a 6 month ban unless you can prove exceptional hardship would be caused. No idea on fine, sorry.
EDIT: apparently
If you have then it's a 6 month ban unless you can prove exceptional hardship would be caused. No idea on fine, sorry.
EDIT: apparently
The loss of your job is generally NOT considered to be exceptional hardship.
#3
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Exceptioanl Hardship
Originally Posted by NotoriousREV
when you say "4th and final sp30" does that mean you already have 9 points in the last 3 years?
If you have then it's a 6 month ban unless you can prove exceptional hardship would be caused.
If you have then it's a 6 month ban unless you can prove exceptional hardship would be caused.
#6
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Originally Posted by Scooby96
eek - cant you try and get a postponement for 3 weeks and 1 day?
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Its a tricky one.
One of my mates was a delivery driver. He loves tinkering with cars (he has a fiat fetish ). He bought an old car and stored it at work until he could finish his driveway off. Late one Sunday night he decided to drive it back to his house, less than a mile I would have said. He was stopped on the industrial estate. (no tax, insurance or MOT). Not exactly a bright thing to do!
He went before the magistrate and explained that he needed his licence for his job. They fined him and put points on his licence but because of his job they stopped short of a ban and left him with eleven points.
Obviously he was very carefull after that. Shortly afterward he found himself a new job.
I wish you the best of luck.
He went before the magistrate and explained that he needed his licence for his job. They fined him and put points on his licence but because of his job they stopped short of a ban and left him with eleven points.
Obviously he was very carefull after that. Shortly afterward he found himself a new job.
I wish you the best of luck.
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#8
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Best just take it like a man :(
Well I guess all I can do is go before the 'beak', explain my circumstances and hope for the best....they means test you before your appearance never knew that....good job court date is payday. Still unsure as to whether a solicitor would be a good thing or not.
#10
Originally Posted by :eek:
Yep ....irony of it is, one of the SP30's comes off 3 weeks after court appearance...as for exceptional hardship......without my car it would be virtually impossible for me to do my job.....on 24hr standby for the entire south of England for my company every 4 weeks.......knowing my luck that is not going to be exceptional enough!!
I also remember that bint from CoronationEnders (Maxine IIRC) getting off the totting up ban because she needed her car to get to her Anorexia Therapist.
Another "mate" () who couldn't justify keeping his licence due to hardship, gave a short speech to the judge about the speed trap that caught him being there solely for revenue generation and having nothing to do with safety. Said mate just got a 40 quid fine for an SP30 and the compulsory 6 month ban.
#11
,
I was in a postition like this a few years back. I pleaded not guilty and the case was adjorned (?) for a few weeks later by which time points had come off my licence and I got the 3 points but kept my licence.
Are you sure that it will be heard in the same session if you plead not guilty and not be adjorned ?
Whatever happens, I wish you luck with it.
I was in a postition like this a few years back. I pleaded not guilty and the case was adjorned (?) for a few weeks later by which time points had come off my licence and I got the 3 points but kept my licence.
Are you sure that it will be heard in the same session if you plead not guilty and not be adjorned ?
Whatever happens, I wish you luck with it.
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If you can afford it get a solicitor (mine cost £500 - but company paid)
What you really need is the backing of your company.
How far would they go to keep you?
A very nice letter goes a long way and a brief will stand in court and respectfully ask that 'you' be punished and not your company.
either way, a brief will know the best way of getting proceedings delayed so your other points drop off.
there are a lot of other things you can do/say. feel free to PM me if you want further details.
What you really need is the backing of your company.
How far would they go to keep you?
A very nice letter goes a long way and a brief will stand in court and respectfully ask that 'you' be punished and not your company.
either way, a brief will know the best way of getting proceedings delayed so your other points drop off.
there are a lot of other things you can do/say. feel free to PM me if you want further details.
#13
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what? when did this happen? but u might get let off wit a fine due to not severly over da limit. BUT i was in court a few weeks ago and they are a bunch off posh ****** who get paid to much. probably not being much help but as i had to do.. eat humble pie just act innocent and hope for the best at the end of the day 7 mph its not as bad as 150 on the m4 .oops giv us a pm as im an expert at court apperances
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#16
Without trying to be judgemental, obviously you realised that being caught again carried a risk of losing your licence, so did this affect your driving style or not?
The 12-pt totting up procedure is obviously meant to be a deterrent, but it hasn't worked in your case. Out of interest, why didn't it?
I have a friend who was on 9pts, yet it didn't seem to alter his driving behaviour. I find that odd given one more speed camera, and he'd potentially be off the road for 6 months.
So, given your postion, it'd be interesting to hear whether your driving style was altered or not. ie, is the deterrent factor working or not?
The 12-pt totting up procedure is obviously meant to be a deterrent, but it hasn't worked in your case. Out of interest, why didn't it?
I have a friend who was on 9pts, yet it didn't seem to alter his driving behaviour. I find that odd given one more speed camera, and he'd potentially be off the road for 6 months.
So, given your postion, it'd be interesting to hear whether your driving style was altered or not. ie, is the deterrent factor working or not?
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Originally Posted by imlach
Without trying to be judgemental
In his defence I think I could put together a fairly convincing case to suggest that the physical requirement on a driver to remain at or below 30 mph in all driving conditions without exception or connection to driving conditions or external stimuli with zero tolerance is significantly higher than that on a driver given a tolerance of 7.001 mph.
It would hold no legal standing of course, but it would explain why a human being, under the shadow of a ban, may commit the heinous crime of 37 in a 30!
#18
Originally Posted by ajm
I love responses that start that way
Just wondering - would YOU not drive like a Saint given that you know your next offence would mean you're off the road for 6 months potentially?
#19
Originally Posted by ajm
In his defence I think I could put together a fairly convincing case to suggest that the physical requirement on a driver to remain at or below 30 mph in all driving conditions without exception or connection to driving conditions or external stimuli with zero tolerance is significantly higher than that on a driver given a tolerance of 7.001 mph.
I expect that most logically thinking people would realise that driving at 37mph during their driving test/learning period would be WRONG, so if you have 9pts on your license, does that knowledgable mentality go out of the window? I suspect not, but somehow, human mentality eggs one on to think, "I'll get away with it this time".
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Originally Posted by imlach
Agreed, I was perhaps amiss in beginning it that way
Just wondering - would YOU not drive like a Saint given that you know your next offence would mean you're off the road for 6 months potentially?
Just wondering - would YOU not drive like a Saint given that you know your next offence would mean you're off the road for 6 months potentially?
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Originally Posted by imlach
.....so why is it that ALL learner drivers who pass their driving test have managed to stick to 30mph/the relevant speed limit? Is it perhaps that they know that exceeding 30mph by a significant margin will perhaps lead them to fail their driving test?
I expect that most logically thinking people would realise that driving at 37mph during their driving test/learning period would be WRONG, so if you have 9pts on your license, does that knowledgable mentality go out of the window? I suspect not, but somehow, human mentality eggs one on to think, "I'll get away with it this time".
I expect that most logically thinking people would realise that driving at 37mph during their driving test/learning period would be WRONG, so if you have 9pts on your license, does that knowledgable mentality go out of the window? I suspect not, but somehow, human mentality eggs one on to think, "I'll get away with it this time".
#22
Originally Posted by ajm
The fact is that most poeple do drive at a speed that is safe for their capabilities, their car and the conditions, its just that this speed is on average higher than the posted limits.
You may argue that you can drive perfectly well after 3 pints of Guinness, but would you do so, given you know the penalties if caught?
#23
Originally Posted by ajm
Looking at a speedometer is time better spent looking ahead making a judgement on safe speed.
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Originally Posted by imlach
You could say the same about drink driving limits. There is a law in place, and is it for you to judge if that law is acceptable to you or not?
You may argue that you can drive perfectly well after 3 pints of Guinness, but would you do so, given you know the penalties if caught?
You may argue that you can drive perfectly well after 3 pints of Guinness, but would you do so, given you know the penalties if caught?
I argue, and always have done, that there should be no speed limits or alcohol limits because both "offences" are covered under the crime of dangerous driving, a subjective offence.
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Originally Posted by imlach
...and an experienced driver knows what speed he is doing without looking at their instruments.
#26
Let me translate what you said for speeding into the drink driving arena and let me know if it sounds ok
Hmm....makes you think.
The fact is that most people do drink & drive at a level that is safe for their capabilities, their car and the conditions, its just that this level is on average higher than the posted limits.
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Originally Posted by imlach
Let me rephrase what you said for drink driving and let me know if it sounds ok
Does that sound ok?
#28
Originally Posted by ajm
Exactly, an experienced driver, driving safely is doing a speed that is suitable for the conditions, not an artificially enforced one.
ie, an experienced driver should know they were doing 37mph, and consequently "speeding" in the eyes of the law.
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Originally Posted by imlach
That's not what I said. An experienced driver knows what speed he is doing without looking at his instruments. It was nothing to do with conditions. Purely the speed the car is travelling at.
ie, an experienced driver should know they were doing 37mph, and consequently "speeding" in the eyes of the law.
ie, an experienced driver should know they were doing 37mph, and consequently "speeding" in the eyes of the law.
#30
Originally Posted by ajm
Social conditioning. I have had 3 pints and a kid runs out infront of me through no fault of my own. I have no chance of stopping, but get breathalysed and I am over the limit. I go down for murder.
Does that sound ok?
Does that sound ok?
Being "legally" over the limit wouldn't help your case, as would driving in excess of the "legal" speed limit.
ie,
Social conditioning. I am speeding, and a kid runs out infront of me through no fault of my own. I have no chance of stopping, but the police determine I was speeding. I go down for murder.