MK5 Golf GTI

General => Random Chat => Topic started by: rich83 on November 14, 2013, 10:51:54 pm

Title: Speeding Conviction.... how to plead?
Post by: rich83 on November 14, 2013, 10:51:54 pm
Ok... someones been a naughty boy. 98/99 in a 70.  So.... options!!!

Plead guilty by post... or show up at the court hearing in a nice suit and try to coerce them into being lenient.

Answers on a post card.  :happy2:

Thanks
Rich
Title: Re: Speeding Conviction.... how to plead?
Post by: Scottymon on November 14, 2013, 11:02:31 pm
Gutted, 96/7 is the cut off isn't it?
Was it within 14 days?
I'd go suited and booted but I've got 9 points, 12 over 4 years :ashamed:
If you haven't any points I'd plead guilty by post probably.
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 14, 2013, 11:03:30 pm
Can you plead guilty via post with a letter of mitigation and still appear at court?
Title: Re: Speeding Conviction.... how to plead?
Post by: Hedge on November 14, 2013, 11:09:17 pm
Mitigating circumstances?  :confused:
Title: Re: Speeding Conviction.... how to plead?
Post by: skard on November 14, 2013, 11:11:48 pm
I personally wouldn't try and justify that speed and just take it on the chin (this comes from experience of being pulled over)
Title: Re: Speeding Conviction.... how to plead?
Post by: Andy on November 14, 2013, 11:14:52 pm
best go to court an plea your case Rich--like my mate who got caught doing over 100mph on the motor way--Went in person to court and with the points he had  got 15 points  on his licence but kepted it as he needed his licence for work
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 14, 2013, 11:15:48 pm
Mitigating circumstances?  :confused:

Sorry maybe the wrong use of the word.  Pled guilty with a "cover letter" telling them of no previous convictions... explaining the situation etc etc
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 14, 2013, 11:16:52 pm
FYI.... its not me... thank fuuuuuu, but my little bro   :sad1:
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 14, 2013, 11:17:49 pm
best go to court an plea your case Rich--like my mate who got caught doing over 100mph on the motor way--Went in person to court and with the points he had  got 15 points  on his licence but kepted it as he needed his licence for work

Yes that my thought. Although he has no points at the moment so he's likely to get 6pp and a fine i think!
Title: Re: Speeding Conviction.... how to plead?
Post by: tony_danza on November 15, 2013, 12:11:39 am
1st offence?

Go, and beg for his life.
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 15, 2013, 12:14:32 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.
Title: Re: Speeding Conviction.... how to plead?
Post by: Tortaruga on November 15, 2013, 12:23:03 am
Go to court and show genuine remorse. Tell the beak you don't have any excuse whatsoever for your stupid actions and that you have learned from the error of your ways.
Title: Re: Speeding Conviction.... how to plead?
Post by: skard on November 15, 2013, 12:23:38 am
He's over that threshold where they could throw the book at him.

If it was me, I'd turn up well presented, and be remorseful, without trying to make any excuses.

Better chance of a best case scenario I would think.
Title: Re: Speeding Conviction.... how to plead?
Post by: tony_danza on November 15, 2013, 12:27:27 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.


That's what I meant, go to court and cough to being a complete dick - then beg for mercy.
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 15, 2013, 12:29:59 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.


That's what I meant, go to court and cough to being a complete dick - then beg for mercy.

Cool... thats what I was going to recommend that he does. Thanks  :happy2:
Title: Re: Speeding Conviction.... how to plead?
Post by: Llew on November 15, 2013, 08:01:09 am
Has he got a court date ? As sometimes they send you on a drivers awareness course instead of court if not ask the court for that instead of points
Title: Re: Speeding Conviction.... how to plead?
Post by: bigeyd on November 15, 2013, 08:14:47 am
Has he got a court date ? As sometimes they send you on a drivers awareness course instead of court if not ask the court for that instead of points
I think he is begging for points rather than a ban

I hope he gets points
Title: Re: Speeding Conviction.... how to plead?
Post by: Bignod00 on November 15, 2013, 08:23:26 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.


That's what I meant, go to court and cough to being a complete dick - then beg for mercy.

Cool... thats what I was going to recommend that he does. Thanks  :happy2:
^^^^^^^^This!

Maybe also book himself onto an advanced drivers course before attending court to show willing to improve/learn from this experience. This is what my mate did and the Court really liked his 'positive attitude to change!' :innocent:
Title: Re: Speeding Conviction.... how to plead?
Post by: OSB on November 15, 2013, 08:26:59 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.


That's what I meant, go to court and cough to being a complete dick - then beg for mercy.

Cool... thats what I was going to recommend that he does. Thanks  :happy2:

Just spoke to an ex Met Police driver. 100 mph normally straight ban. 97 might get away with lots of points if you do above. But some areas are really clamping down on young drivers. Depends a bit on his age and where he got caught...
Best of luck!
Title: Re: Speeding Conviction.... how to plead?
Post by: berg on November 15, 2013, 09:15:22 am
There is no way a driver improvement course will be offered at 97 in a 70 zone.

Go to court, as you say well presented, but do not make excuses as to why was going that speed, hold hand up
Title: Re: Speeding Conviction.... how to plead?
Post by: Chrismeardon on November 15, 2013, 09:40:04 am
1st offence?

Go, and beg for his life.

Serious?  :laugh:
 
I think it has got to look better if you actually show up rather than just pleading guilty via post.


That's what I meant, go to court and cough to being a complete dick - then beg for mercy.

Cool... thats what I was going to recommend that he does. Thanks  :happy2:
^^^^^^^^This!

Maybe also book himself onto an advanced drivers course before attending court to show willing to improve/learn from this experience. This is what my mate did and the Court really liked his 'positive attitude to change!' :innocent:

Would a Jon Palmer race day count?  :grin:
Title: Re: Speeding Conviction.... how to plead?
Post by: xjay1337 on November 15, 2013, 09:54:36 am
Isn't 97 on a motorway or other dual carriageway just a 3 point/£60 fine as opposed to court?

It'll be 3 points anyway....?
Title: Re: Speeding Conviction.... how to plead?
Post by: gazbutS3 on November 15, 2013, 09:56:51 am
I got 5 points and a hefty fine recently for 97 on the motorway
Title: Re: Speeding Conviction.... how to plead?
Post by: phil1975 on November 15, 2013, 10:04:09 am
Plead guilty, turn up at court (turn up as early as you can, its first come first served!), dress smart, be humble, magistrates are human dealing with this sort of thing day in day out, don't say "caught speeding" it implies you do it all the time, but this time I got caught out, Impress on them that you made a mistake and your here to deal with the consequences. Expect the worst and hopefully your be relieved when you get a fine and points, magistrates have a set of guidelines that they have to stick to which can be found online with a bit of searching, how leniently they apply them will be determined by previous record and peoples attitude on the day. Its a myth that if you need your licence for work you can't be banned because their stock answer is "if you knew that! then why were you speeding putting your lively hood at risk?"

I wish your brother well, I speak from personal experience of a few months ago and having never been to court before it was a pretty stressful experience made worse by the fact its your own fault. All you can do is learn from experiences in life and be more careful in the future, we all know speed limits in certain areas are ridiculously low and quite rightly low in other areas.
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 15, 2013, 10:06:08 am
Well this is the thing. I was caught over 5 years doing 98 on an a road and got 3 points and 60quid. I think they have changed the limits now... That coupled with the probable fact the the copper who stopped him was being a bit tight. I'm thinking it will be 5 points and a fine, maybe less if the courts see pretty much a role model citizen.
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 15, 2013, 10:07:29 am
Thanks Phil.
Title: Re: Speeding Conviction.... how to plead?
Post by: RedRobin on November 15, 2013, 10:11:23 am
.
Why is it court? I thought that court was only automatic if you were caught at 100+.

My only speeding tickets in my life have both been for 93 mph in a 70 limit and each was 3pts+£60. Both are now over 4 years old.

Were you followed and speed recorded, or was it a laser-gun/camera van?
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 15, 2013, 10:13:45 am
It's court because it's over the limit for "roadside fine+points" by about 1-2mph. Sod's law.
Title: Re: Speeding Conviction.... how to plead?
Post by: RedRobin on November 15, 2013, 10:22:53 am

It's court because it's over the limit for "roadside fine+points" by about 1-2mph. Sod's law.


....Then as it's 26-35mph over the posted limit you can probably expect £45-200 fine (plus £30 costs?) and 5-6 pts.

Plead guilty or it will cost you more. Afterall, you know you are guilty in this case and I'm sure they wouldn't buy you claiming you were a couple of mph under in order to put you into a lesser category of offence. if you were to hire an experienced lawyer to represent you and argue your case it could get even more expensive.

Face it and then forget it and enjoy life, is my advice for what it's worth.
Title: Re: Speeding Conviction.... how to plead?
Post by: Deako on November 15, 2013, 11:51:07 am

It's court because it's over the limit for "roadside fine+points" by about 1-2mph. Sod's law.


....Then as it's 26-35mph over the posted limit you can probably expect £45-200 fine (plus £30 costs?) and 5-6 pts.

Plead guilty or it will cost you more. Afterall, you know you are guilty in this case and I'm sure they wouldn't buy you claiming you were a couple of mph under in order to put you into a lesser category of offence. if you were to hire an experienced lawyer to represent you and argue your case it could get even more expensive.

Face it and then forget it and enjoy life, is my advice for what it's worth.

Did you read the posts Robin? It's not Rich that was busted.
Title: Re: Speeding Conviction.... how to plead?
Post by: RedRobin on November 15, 2013, 07:08:52 pm

Did you read the posts Robin? It's not Rich that was busted.


....Yes - His reply #7. But my reply #28 applies to whoever the driver was.  :smiley:
Title: Re: Speeding Conviction.... how to plead?
Post by: Veee-dubber on November 15, 2013, 07:48:31 pm
Plead exceptional hardship?
Title: Re: Speeding Conviction.... how to plead?
Post by: Frodo-anni on November 15, 2013, 08:07:49 pm
Good luck to your bro.

I was very lucky back in 2002, 86 in a 60, 3 pts and £60 fine. (in a diesel saxo  :signLOL:)

Title: Re: Speeding Conviction.... how to plead?
Post by: Veee-dubber on November 15, 2013, 08:32:26 pm
I got done early last year, doing 72 in a 40.

I already had a ban and 6 points on my license so was destined for the hell fire...

Anyway to cut a long story short, I am a nurse so pleaded hardship, took my gran to court with me wearing my Sunday best & took a 28 day ban instead of any points. The prosecutor even asked me how long I could go without my license... I was foolish & said I would use all my annual leave from work etc and cope for a month hence the 28 day ban, My solicitor tells me that had I said two weeks, I would have got a 14 day ban.

My advice - try your luck at court!
Title: Re: Speeding Conviction.... how to plead?
Post by: mvb12 on November 15, 2013, 08:46:35 pm
It's court because it's over the limit for "roadside fine+points" by about 1-2mph. Sod's law.

Going court won't change the fact he was caught speeding.

Either way, he will get points and pay a fine.
Title: Re: Speeding Conviction.... how to plead?
Post by: Markyed30 on November 15, 2013, 10:20:45 pm
I got caught at 99.14 mph in a 70 years ago, Instant ban in Scotland over a tun got a letter from work saying I'd lose out on years of training ect ect went with my dad in a suit and told judge my car had been off the road just got it back hot summers day music on and before I knew it light behind Me, said I genuinely realise I'm a complete idiot and should have been more aware got 5 points and a 150 fine had already had 3 points for 93 in a 70 and was only driving 3 years  :scared:
Title: Re: Speeding Conviction.... how to plead?
Post by: Scottymon on November 15, 2013, 10:27:06 pm
Why are we allowed to drive cars that can do double/triple the speed limit?:

Quote
It's the goof of all time. Look but don't touch. Touch, but don't taste. Taste, don't swallow. Ahaha. And while you're jumpin' from one foot to the next, what is he doing? He's laughin' His sick, f*ckin' ass off! He's a tight-ass! He's a SADIST! He's an absentee landlord! Worship that? NEVER! (http://www.youtube.com/watch?v=7DMDscGOUpg&t=3m6s)
Title: Re: Speeding Conviction.... how to plead?
Post by: Veee-dubber on November 15, 2013, 10:39:38 pm
Why are we allowed to drive cars that can do double/triple the speed limit?:

Quote
It's the goof of all time. Look but don't touch. Touch, but don't taste. Taste, don't swallow. Ahaha. And while you're jumpin' from one foot to the next, what is he doing? He's laughin' His sick, f*ckin' ass off! He's a tight-ass! He's a SADIST! He's an absentee landlord! Worship that? NEVER! (http://www.youtube.com/watch?v=7DMDscGOUpg&t=3m6s)


I always used to wonder this, used to think the obvious answer was to just restrict all the cars to 70mph but then we would still be able to do 70 in a 30mph zone wouldnt we.  :stupid:
Title: Re: Speeding Conviction.... how to plead?
Post by: Scottymon on November 15, 2013, 10:45:19 pm
They've started developing cars that have limited speed based on location via GPS, which is :scared:
Title: Re: Speeding Conviction.... how to plead?
Post by: jonnym on November 15, 2013, 11:36:28 pm
What's been said is true. 6 points is the likely outcome is guilty by post and the fine is dependent on his income. 5 points if you show remorse etc.

92 is the cut off generally for tickets but discretion I'm told is utilised up to 100. Just over isn't an automatic ban in England!its happening more often that people are getting points
Title: Re: Speeding Conviction.... how to plead?
Post by: Llew on November 16, 2013, 07:11:41 am
There is no way a driver improvement course will be offered at 97 in a 70 zone.

Go to court, as you say well presented, but do not make excuses as to why was going that speed, hold hand up
Title: Re: Speeding Conviction.... how to plead?
Post by: rich83 on November 16, 2013, 10:30:32 am
Well..... He's going down the "post and hope” route.  :scared:
Title: Re: Speeding Conviction.... how to plead?
Post by: Bignod00 on November 16, 2013, 10:47:28 am
Well..... He's going down the "post and hope” route.  :scared:
:sick: :scared:
Title: Re: Speeding Conviction.... how to plead?
Post by: RedRobin on November 16, 2013, 04:45:49 pm
.
Post pleading guilty plus a well thought out letter attached saying sorry, he didn't want to waste a court's time by appearing, and also his willing submission to the decision of the court, may be received quite well.

Afterall, he is absolutely guilty as charged and cannot reasonably argue a case. Courts do not like their time being wasted unless a case is worthy of a hearing - He simply doesn't have a case to be heard. It's just a straightforward speeding offence.
Title: Re: Speeding Conviction.... how to plead?
Post by: Simmo on November 16, 2013, 10:23:31 pm
Just read this thread.

Would recommend reading fight back forums for this one.

Over 95 isnt good at all. He might not even get the chance of post points, if that happens; get a good lawyer - they seriously are worth the money. Have been there myself.

The 'I would loose my job story' is not really seen as credible these days as its been used so much, if he owns or runs a business in which multiple people will be affected by the loss of his licence then maybe, but be prepared for the magistrates to argue that he took that risk by driving the way he did.