Get to the court and find the Clerk to the magistrates or one of the ushers so that they know you are there.

Your case will be one of dozens, most of which will be dealt with without the defendant being there.

When they call your case the Crown Prosecution Office person will outline the case to the magistrates. This will take a minute or two at the most.

Then they will ask you whether you have anything to say. I can't recall whether you will be on oath or not. They may "swear" you - this formality will take a few seconds. If you sit and watch the proceedings before your case you will, as someone has already said, get a feel what what's going on.

Tell the magistrates;

Firstly, that you apologise for the offence - don't overdo this -a Gwyneth Paltrow on Oscars night performance is not what is wanted. Just be suitably contrite.

Secondly, address the circumstances of the offence - clearly there is no suggestion of careless driving but if the road conditions were good - daylight, dry, moderate traffic then say so.

Thirdly, tell them your personal circumstances. Before doing this you need to have decided whether you want to accept a ban assuming no points - see earlier post that you need to get advice on whether ban = no points - or you want to go for no ban. If the latter you will need to introduce letter from your employer. Not sure about letter from your advanced driving instructor since implication is that they stressed to you the importance of obeying the speed limit and you have wilfully disregarded it.

Finally, make your submission as to what you think the appropriate penalty should be.

If you want a short ban then you might say something along the lines of:

"In summary I accept that a ban is appropriate in these circumstances but would ask that you take into account the facts that I have a previously unblemished licence (state how many years have you been driving - longer the better) and the circumstances of the offence as I've outlined them to you."

If you want to avoid the ban then you might run something like:

"I've outlined to you the circumstances of the offence. You've also seen the letter from my employer which outlines the extent to which they rely on me being available to visit (clients/customers/whatever) and the fact that a ban may prejudice my employment prospects (don't overdo this - let your employer's letter speak for itself - just remind them of the key points). I have a hitherto clean licence (number of years) and I would respectfully submit that my case can be adequately dealt with by way of fine rather than suspension."

You will find that dry running this at home before you get to court is a good idea. Keep it short and sweet. Be realistic about the outcome. If there are a few cases similar to yours beforehand you'll get a feel for what they are likely to say.

Hope this helps

regards

 

Thx for that Welsman, thats really useful. U wana come and be my solicitor!!

 

[QUOTE]Originally posted by henrysj
Thx for that Welsman, thats really useful.

 

Even better - a specialist advocate!

Henry, I suspect Welshman's rates are more than you can afford. Just pay the fine - it will be MUCH cheaper!

 

Yes

I had the pleasure of a few months traipsing around the South Wales magistrates courts many tears ago.

Mark

You're right - charge out rates here mean it's better to pay the fine since I'm not into that pro bono lark.

 

Thanks for the advice.

(btw the advanced instructors letter was after the offence - ie. i took the offence seriously and went on a driver improvement course)

Do I need to contact anybody at the Court before I turn up? Clerk or anything? Or just pitch up nice and early?

Thanks again, I am scared already and it's not unitl April!

 

When you get there, look for an usher, they're usually knocking around in the witness waiting area. They'll be wearing a black gown. Let the usher know you're there , and if there's more than one court sitting, ask the usher which court your case will be in. Go and sit in the court and get used to the feel of the place.

Relax - courts tend to be a lot more informal than they were a few years ago. You'll be fine!

 

Excellent point then to bring out - shows you are truly repentant


Don't be scared. The magistrates aren't there to put the fear of god into you. You won't be the first speeder they've ever seen!

 

No, fined (Sorry couldn't resist.)

I think the combination of experienced ex plod, solicitor and barrister advice here is spot on. Let us know whether a ban would wipe points clean, even if it can't apply in your case (no points currently). I'm guessing here but I think it could depend e.g. if you are banned for cumulatively exceeding 12 points it makes sense to wipe clean (reset) after you exceed. But an instant ban offence it seems to me should not wipe them off.

Dreamer, good luck.

 

Well it's happened!

Went to court this morning, and took your advice - turned up early and listened to a couple of other cases.

One guy was banned for 6 months due to totting up, and he had a solicitor (or whatever the correct word is) representing him.

Next guy was the same as me - 101mph on a clean license, with no solicitor. I didn't stay to hear the outcome just in case it was bad and put me off !!! He was disorganised, um'd and ah'd a lot, didn't really come across very well.

Then after a 3 hour wait it was my turn. Absolutely terrifying - okay there were only 7 people in the room - 3 Judges, 1 usher, 1 clerk (?), me, and my friend in the viewing area, but apparantly you could see me shaking from the back of the room

First they read out what speed, what device caught you etc. Then the Judge asks if you have any excuse for doing that speed. I had prepared notes which i took with me - very valuable, even with them I nearly forgot to say everything I wanted to ! After they have cleared up why you were speeding, they ask if there is any good reason not to be disqualified.

Then they leave the room for a few minutes while they make up their mind.

I got 6 points, and my fine was reduced to 300 pounds, from 500 due to my guilty plea.

Personally, it was my clean license, and the fact I have since taken an advanced driver/roadcraft course that saved me I think.

It was a horrible experience, one I don't want to repeat!!!

Only source of entertainment (if you can call it that) while sitting in the waiting area for 2 1/2 hours was listening to the conversation of the person whose case that was after mine - he had been banned for 6 months from totting up, then continued to drive and got flashed by a speed camera - what a total idiot. When asked whether he was pleading guilty or not guilty, he just said "I don't really know"

So I can drive, can breath again, just have to be very observant of speed limits - does anybody know how long points stay on your license for ????

Jo