Solicitor Advice - Exceeding 70mph - Updated
#11
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Originally Posted by Ajs_s2k,Feb 16 2009, 02:40 PM
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Best to turn upto court, be polite and humble. The fine is salary based.
Best to turn upto court, be polite and humble. The fine is salary based.
My advice:
Be smartly dressed. Jacket and tie as a minimum, preferably a business suit.
If you're going to plead guilty then apologise for your actions. Be contrite.
Then move onto mitigating circumstances, assuming there are some:
1. If you have a clean licence then point that out - this is an isolated instance, rush of blood to your right foot moment. If you're a serial speeder then keep quiet.
2. Traffic conditions - were they light? I'm assuming they were reasonable otherwise you would have been charged with driving without due care at the least. But if the traffic was light and you weren't posing any danger to other road users then point it out.
3. Road conditions - dry and daylight or night, pissing with rain and fog bound. If the former then again point it out.
4. Yourself - if you need a car to get to and from work or out and about when at work then say so. If you're employed then as others have said get a letter from your employer to this effect.
You might have a word with a local solicitor if only to find out what you're likely to get. If you're going to get banned then don't fight it - just ask that it be as short as is commensurate with the mitigating factors you've outlined.
Generally be short and to the point. Don't waffle on. Prepare what you have to say beforehand.
#12
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Agree with the Welshman above.
He has clearly been in that situation
Don't bother with a solicitor unless you already have 6 points+. It may well hinder rather than help.
He has clearly been in that situation
Don't bother with a solicitor unless you already have 6 points+. It may well hinder rather than help.
#13
Originally Posted by Welshman,Feb 16 2009, 04:15 PM
I think you'll find that not turning up in court is not an option unless you want a warrant issued for your arrest. Attendance is mandatory if they are considering a ban.
#14
Best to get a ban as an SP50 doesnt seem to make any differance to insurance, well im my experiance to date and i have changed insurance every year since, oh and with a ban you dont get points , well i didnt for 109mph. Big problem if you get more than 28 days as the consequences fo the ban become more awkward to deal with such as reapplying for ur licence etc.
I got 28 day ban
I got 28 day ban
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Originally Posted by Ajs_s2k,Feb 16 2009, 02:40 PM
Oh there is a risk of a ban, as its 30mph more than the speed limit saying that....
In the circumstances, I'm not sure there's much to be gained by having a solicitor present if you're even halfway able to string a few words together on your own behalf. Put the money towards the fine.
I'd echo the advice already given by my learned friend Mr Welshman QC.
#16
Is your license otherwise endorsed. bans can be short to mid term but if you've already got a recent collection of points your ban period at 12plus ponits could be quite long?
Had a chat with a Barrister about this a few weeks ago she had been sitting in court waiting for her trial to start and was listening to all the "letters of mitigation". Just remember that yours will be one of many and that to the people hearing the same excuse they all blend into one.
Just don't do as one person did and use it as an excuse to vent on the fairness of the system.
Had a chat with a Barrister about this a few weeks ago she had been sitting in court waiting for her trial to start and was listening to all the "letters of mitigation". Just remember that yours will be one of many and that to the people hearing the same excuse they all blend into one.
Just don't do as one person did and use it as an excuse to vent on the fairness of the system.
#17
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Thanks everyone for the advice. It confirms my thoughts, I'll just have to hope for the best and take what's coming.
I'm set for a minimum 6month band as currently have 6 point (fixed penalty speeding) although 3 of those would have disappeared in September, I realise this wont help, so if I get even 6 points I'm band under toting up!
Hard to blame anyone but myself, just one of those things , 2200 on a Sunday night with not a lot on road. Hey oh.
I'm hoping to catch them on a good day. In the mean time I'll just have to make the most of the S2000 10th anniversary meet in the mean time.
I'll post the final results on the 15th May (day after hearing) depending on how long it takes me to get back on public transport
I'm set for a minimum 6month band as currently have 6 point (fixed penalty speeding) although 3 of those would have disappeared in September, I realise this wont help, so if I get even 6 points I'm band under toting up!
Hard to blame anyone but myself, just one of those things , 2200 on a Sunday night with not a lot on road. Hey oh.
I'm hoping to catch them on a good day. In the mean time I'll just have to make the most of the S2000 10th anniversary meet in the mean time.
I'll post the final results on the 15th May (day after hearing) depending on how long it takes me to get back on public transport
#18
Originally Posted by sybar,Feb 16 2009, 05:54 PM
Thanks everyone for the advice. It confirms my thoughts, I'll just have to hope for the best and take what's coming.
I'm set for a minimum 6month band as currently have 6 point (fixed penalty speeding) although 3 of those would have disappeared in September, I realise this wont help, so if I get even 6 points I'm band under toting up!
Hard to blame anyone but myself, just one of those things , 2200 on a Sunday night with not a lot on road. Hey oh.
I'm hoping to catch them on a good day. In the mean time I'll just have to make the most of the S2000 10th anniversary meet in the mean time.
I'll post the final results on the 15th May (day after hearing) depending on how long it takes me to get back on public transport
I'm set for a minimum 6month band as currently have 6 point (fixed penalty speeding) although 3 of those would have disappeared in September, I realise this wont help, so if I get even 6 points I'm band under toting up!
Hard to blame anyone but myself, just one of those things , 2200 on a Sunday night with not a lot on road. Hey oh.
I'm hoping to catch them on a good day. In the mean time I'll just have to make the most of the S2000 10th anniversary meet in the mean time.
I'll post the final results on the 15th May (day after hearing) depending on how long it takes me to get back on public transport
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Originally Posted by hoppingdeth,Feb 16 2009, 06:07 PM
Do you need to retake your test if you get a 28 day ban?