Paper Licence

[Dave Elcome]

My first licence was a red book, i just about got in on the end of them.

 

[fuzzer]

hears hovis tune and the phrase " when i wa lad":bannana: :bannana:

 

[grenachenoir]

Unfortunately - in a moment of madness on a very clear and empty motorway (apart from the white V70 on a slip road) I decided to see what the max my C280 would do is. I hardly ever speed and I think this is going to be the most expensive half mile of my life! Naturally I got caught and got the NIP.

To be fair, the police were very friendly and agreed that I was not driving dangerously, but thought that nearly double the speed limit was taking the p*** a bit.

Any ideas how I get out of this one? dave - your advice particularly would be very welcome!

Adam

 

[GrahamC230K]

Originally posted by grenachenoir
Unfortunately - in a moment of madness on a very clear and empty motorway (apart from the white V70 on a slip road) I decided to see what the max my C280 would do is. I hardly ever speed and I think this is going to be the most expensive half mile of my life! Naturally I got caught and got the NIP.

To be fair, the police were very friendly and agreed that I was not driving dangerously, but thought that nearly double the speed limit was taking the p*** a bit.

Any ideas how I get out of this one? dave - your advice particularly would be very welcome!

Adam

Doubt you can.

What did you get?

6 points or less be gratefull. Harsh but true.


EDIT: That sounds crap, but hopefully you will know what I mean.

 

[grenachenoir]

Graham,

Harsh but fair I say - I can't really argue with the law - I knew I was breaking it!

Don't know what i'll get yet. The officer said it should be a ban (he said 2 to 6 weeks) but if I plead that I'll lose my job and livelihood (true!) then I should get away with 6 points and a "hefty" fine. This definitely sounds better to me but I wonder

a) what is a "hefty" fine?
b) what do i need to do to convince the magistrates to be lenient?

I have no other points on my licence (I had 3 about 12 years ago) and drive about 25000 miles per year here plus more abroad so I mean it when I say this was a "moment of madness"!

Adam

 

[GrahamC230K]

Originally posted by grenachenoir
Graham,

Harsh but fair I say - I can't really argue with the law - I knew I was breaking it!

Don't know what i'll get yet. The officer said it should be a ban (he said 2 to 6 weeks) but if I plead that I'll lose my job and livelihood (true!) then I should get away with 6 points and a "hefty" fine. This definitely sounds better to me but I wonder

a) what is a "hefty" fine?
b) what do i need to do to convince the magistrates to be lenient?

I have no other points on my licence (I had 3 about 12 years ago) and drive about 25000 miles per year here plus more abroad so I mean it when I say this was a "moment of madness"!

Adam

I feel for you. All those times you get overtaken by "idiots" on the motorway, then the one time you put your foot down....................

I hear you about work, but perhaps a very short ban may be better?

A reference from work (if you are OK with telling them) might help.

Otherwise invest in some proper legal advice and take a solicitor with you to the Magistrates court.

 

[paulrstaylor]

If you are driving in excess of 100 mph you are likely to be disqualified as well as being fined.

To avoid being banned you will have to show that a disqualification would cause exceptional hardship. The loss of your job is generally NOT considered to be exceptional hardship. To establish this you will usually have to show that someone other than yourself will also suffer hardship eg your children, elderly relatives or innocent third parties.

As taken from a site referenced by Dave E earlier in this thread.

Also talks about a fine not exceeding £2500

I got pulled a few years ago for 98MPH, had only passed my test a few months before so 6 points would have been a ban.

I was lucky, landed in a juvenile court (only 17 at the time) 5 points (which was the most they could give me without a ban) and £300 fine (almost a fortnights wage at the time). My defence was along the lines of inexperience led to a momentary lapse of concentration leeding to excess speed. Attended IAM course prior to court case to show reform. I was very happy not to have been baned.

So when I got pulled over again in June last year doing 98 in my Merc the day after I bought it, I could have kissed the copper when he gave me a fixed penalty notice! :bannana:

 

[Maff]

If you don't want a ban and would rather pay the fine, plead that any ban would loose you your job, thus you would have to go on the dol and claim all the benefits going in order to support your family and children and that your very ill relative would not be able to regulaly visit the hospital as no buses run in your neck of the woods.

Maybe a bit over the top, but you have to prove your point

Anyway, worked for my mate, but it depends what judge you get.

Originally posted by grenachenoir
Graham,

Harsh but fair I say - I can't really argue with the law - I knew I was breaking it!

Don't know what i'll get yet. The officer said it should be a ban (he said 2 to 6 weeks) but if I plead that I'll lose my job and livelihood (true!) then I should get away with 6 points and a "hefty" fine. This definitely sounds better to me but I wonder

a) what is a "hefty" fine?
b) what do i need to do to convince the magistrates to be lenient?

I have no other points on my licence (I had 3 about 12 years ago) and drive about 25000 miles per year here plus more abroad so I mean it when I say this was a "moment of madness"!

Adam

 

[Guy]

The case will be before the Magistrates court. What they are likely to do will depend on the speed admitted or proved. They have guidelines to try and achieve some consistency in sentencing.

What does it say your speed was on the docs you were given?

Next check here where you can read the guidelines.

If the guidelines suggest disqualification, you can see they have a discretion as to length of ban; they will also listen to mitigation, which is best done by a solicitor who appears regularly in that traffic court. Try and find the local solicitor who knows the court. Do not make the mistake, however cheap it may be, of using the company solicitor who does contracts, or the bloke who drew up your dad's will/conveyancing etc...

Strictly, exceptional hardship (referred to above) applies to totting up (12 pts or more) because disqualification is then obligatory, unless the defendant proves he would suffer exceptional hardship. Exceptional does mean exceptional - the courts generally do not regard losing a job as the exception - it's sadly often the norm.

In your case, disqualification will be discretionary. It is a suggested penalty, and you will have to persuade the Magistrates not to disqualify you.

Your chosen solicitor will discuss your circumstances, and using his experience and knowledge of the Bench, he should then put before the court the best mitigation your case will allow.

I'm afraid there's no way 'out of this one' - ( I'm sure you meant to ask for advice rather than a way out - its a bit embarrassing for Dave for you to make clear you are guilty and ask him to post a way out! you'll have him losing his livelihood too! ) but that's the best advice I can give you at 2am on a Fri night Sat morning.

Hope it goes well for you matey - good luck, just thank your lucky stars you didn't have an accident like Shude.

Edit - just re-read this and it seems pretty unsympathetic - not meant to be, you have my sympathy - there but for the grace of God and all that. I'm just tired! Good luck at court, hope this helps

 

[Dave Elcome]

Originally posted by grenachenoir
ideas how I get out of this one? dave - your advice particularly would be very welcome!

Adam

Not wishing to sound unsympathetic either, but take Guy's advice and get a brief, (solicitor).

Like he says, get one who understands traffic law, thats not meant to sound derogatory, but many don't.

There are goods ones out there, on 2 separate occasions down here, the same brief has got people off of speeding offences by questioning every aspect of our procedures, only last week the guy got someone off completely who was doing 122mph on the M20.

I don't know who this guy is, and obviously it wouldn't be right for me to publish who he is, but my advice is to shop around.

 

[grenachenoir]

Thanks to all for your help and thoughts.

Apologies to Dave for potentially putting you in a difficult position - certainly didn't mean to but wasn't thinking at the time!

I guess I am going to have to get a good solicitor and take whatever punishment I get. You'd think at 31 I would have learnt about these things really....

 

[paulrstaylor]

Insurance companies generaly ask "have you any previous traffic convictions in the last three (or somethimes five) years"???

Hence you would have to declare it even if it did not show on your licence....

 

[fuzzer]

I think they ask about if you have been banned as well...


Any excuse to put the premium up and not to pay out of you don't tell them something.

 

[GrahamC230K]

Originally posted by fuzzer
I think they ask about if you have been banned as well...


Any excuse to put the premium up and not to pay out of you don't tell them something.

They do.


A coleague managed 17 points.