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Done for speeding

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Old May 12, 2004 | 12:57 AM
  #1  
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Default Done for speeding

Back in January/Feb this year my brother in law had a NIP through the post which he duley filled in and sent back, hands up govenor it's a fair cop

Now yesterday he recieves a 12 page document containing, witness statements from the dibble that zapped him with his Lastec LTI 20.20, a certificate of evidence from computer,the original NIP, a certificate of service statement from the admin lady who posted the document and all the mitigation/plee papers as well

Jeeezzus H christ money well spent from dibble

Now the poor lads literary shititng bricks because of the court sumons, i've advised him to plead guilty via post, to avoid court costs, but even then they reserve the right to haul his ass back into court, if the magistrate is considering a ban

The speed involved was a reported 97mph in a 70 limit (Shavington bypass), roads were clear and traffic was light to non exsistant. What I would like to ask you guys is for a plusable mitigating circumstance, that would sit well with the magistrate
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Old May 12, 2004 | 01:38 AM
  #2  
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97.

That's lucky!

If >30 over, the advice seems to be, go to court himself, explain the road conditions, momentary lapse as it seemed safe to do so, job implications of a ban, humble pie and a serving spoon.

Since it's under 30 over, it's a heavy fine like a GATSO jobbie.

All the evidence is needed to stop people wriggling out on loopholes, and is designed to shit one up, cos the CPS is like that.

I suppose a blubbing mitigation plea can't hurt, but IIRC, it's 3 points and
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Old May 12, 2004 | 01:39 AM
  #3  
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I would go to court, admit everything and be very apologetic explaining that its not something you ususally do and say it was a moment of madness that you (him) entirely regrets. Also outline the lack of traffic, good weather etc.

If ti were me, I would try and get on a driving course like Dreamer did to prove that you are doing something about it. The judge will then be more inlciined to ook on the situation a little more favourably I would have thought?
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Old May 12, 2004 | 01:39 AM
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At that speed it's probably best he goes to the hearing (and if he looks suitable brick-shitting so much the better to be honest) - tells them he's very sorry, not usually a careless/fast/evil child murdering speeder and had a momentary lapse of common sense.

Shows he takes what he's done seriously and this might help his case a bit with the magistrate.

Of course, all internet advice disclaimers apply, your house is at risk if you do not keep up payments etc. etc.
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Old May 12, 2004 | 02:12 AM
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Ill be interested to hear the outcome Pie.

I was done for 97.4 in a 70 on the A30 some time ago. Summons duly arrived, and I did as was advised above - went to the magistrates court suited up (spent all day there being left waiting and generally treated like something someone had stepped in), i hung my head in shame, and gave mitigating circumstances which went roughly like this:

"I would just like to say that on the day in question the roads were clear, dry and generally conditions were good - i dont normally drive at such high speed but on this particular day i got carried away. I would ask that it be noted that my car is meticulously maintained, i have been on advanced driver training courses, and i consider myself a competent and considerate road user - my license is currently clean. However i fully understand that i was travelling too fast and broke the law on this day - i take that seriously and have moderated my driving style since."

I went on to add that my job involved regular visits to client sites at short notice to sort critical business issues, and that if i was banned even for a short time they would be rendering me unable to perform the duties required by my job - i therefore asked if at all possible to avoid a ban.

Result - 5 points,
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Old May 12, 2004 | 02:21 AM
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to be honest if it were me I'd :-

turn up and admit the offence...
say I was aware that I was committing an offence

await punishment
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Old May 12, 2004 | 02:43 AM
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Old May 12, 2004 | 02:43 AM
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Thanks for the replys gents, most insiteful AE excepted and it takes me back to when i had my day in court for after several stroppy letters back and forth, when it came to the crunch 6 points and a
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Old May 12, 2004 | 02:59 AM
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My gut says 3 points and a fine, what say you legal eagles
Depends on whether he was caught on an M-way or an A road to some extent. Altho i would be very surprised if he got off as lightly as you suggest. I would think if they were only going to issue 3 points + fine they would have done so via fixed penalty. I would think more likely (given my own experience) that he will get 4 - 6 points +
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Old May 12, 2004 | 03:01 AM
  #10  
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If he pleads guilty by post, at that speed he might just escape a ban.
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