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Author Topic: Whats the Consequence  (Read 3793 times)

Wh|t3R@bb|t

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Re: Whats the Consequence
« Reply #15 on: September 17, 2007, 02:22:01 PM »

For reference, I'll put some advice down for all to perhaps benefit from:

There is no guidance on what will or won't happen when it comes to a speeding offence....

However, as with any driving offence the court will have to "hear" any mitigating circumstances and decide whether to take them into account when passing sentence.

As yogi said, you can absolutely plead what they call "exceptional hardship" which means that if they choose to ban you and this could result in you losing you job, home, marriage etc then the effect would be worse than the punishment the offence would normally attract.  But it is NOT a garentee.

In any case where you want to plead the above you may be requested to attend court, and provide evidence supporting the claim.  For instance a letter from your boss, and a copy of terms & conditions of your employment stating that should you lose your licence you will be unable to carry out the duties required to forfil your job.  I.e you'll be unable to continue in your current role and have your employment terminated.  (I have copies of this if any of you need them ;-)

In cases where this happens, you may get points and slightly more hefty fine. However it is not advised to plead for a hefty fine as a "incentive" to give less points.   If your represented by a solicitor they may cleverly say "..should the court decide to impose a substantial fine in addition to penalty points, my client would be able to pay this in within a satisfactory period". 

As people have said its sometimes based on circumstances and in some case these are detailed to the court. What I mean by this, is was it near a school, open road, quiet road, early morning etc.  So... Its very unlikely that the policemen who pulled you will turn up if you plead guilty (I assume you are ;-) ) so the circumstances will not be detailed to the court.  The paperwork from the officer will just state, day, time, road, speed limit and your speed and the offence. Namely speeding in a 60mph zone etc.  Again, because they will not have contrary evidence it is unlikely you can argue it was a quiet road, early morning etc to try and play down the offence.  They can't prove either basically. 

I can honestly say, if you really want to try and get things reduced you can try lots of angles.  Calibration of equipment, is it tested on bikes, is there photographic/video evidence, was it on a road with Camera signs?  Where they clearly visible?  All very accepted methods of counter plea, but obviously can be futile.

In this case, I would have to say that I think you would be looking at around 6 points plus a fine. But could be more, could be less.    I would be surprised if they ban you to be honest.

What I would do is wait to hear and see if the NIP arrives.  If it does, and requires you to attend court on a specific date then it may mean they feel the offence is suffecient to ban you.  I would the advise pleading the above hardship reasons (you will need to tell ya boss and/or employer).  If the NIP just simply requires you to plead guilty or not guilty then its likely your gonna get points and a fine without the need to attend court.

HOpe this helps, and wish you the best of luck.  Fingers crossed you get a magistrate who has a nice car and drives slightly faster than he/she should ;-)  Not like me the first time I got done, I got some haggered old cow who didn't drive and obviously had not got laid for quite some time.  If I thought it would have helped me and others I would have offered my services for the good of mankind.
« Last Edit: September 17, 2007, 02:24:44 PM by Wh|t3R@bb|t »
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GRNINJA

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Re: Whats the Consequence
« Reply #16 on: September 17, 2007, 02:26:22 PM »

and this years winner of the nobel peace prize is bunny for war and peace  [rofl] [rofl] [rofl] [rofl]


good write up dude + BHP  [rofl] [rofl] [rofl]
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davemfox

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Re: Whats the Consequence
« Reply #17 on: September 17, 2007, 02:44:32 PM »

and this years winner of the nobel peace prize is bunny for war and peace  [rofl] [rofl] [rofl] [rofl]


good write up dude + BHP  [rofl] [rofl] [rofl]

 :iamwithstupid:

 [rofl] [rofl] [rofl] [rofl]

Dave
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Wh|t3R@bb|t

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Re: Whats the Consequence
« Reply #18 on: September 17, 2007, 02:58:16 PM »

Was a few days worth of post thats....sorry!   :emb:

Kept editing it, changing it, adding to it...and before I know it...its was like the 3rd testament!   [rofl]
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JediZX10R

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Re: Whats the Consequence
« Reply #19 on: September 17, 2007, 06:08:41 PM »

to be honest the biggest factor in all of it is dependant on the majistrate you get, his or her pet hates and what mood their in, ie did they get laid before work or knoked back  [rofl]
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smiffi76

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Re: Whats the Consequence
« Reply #20 on: September 17, 2007, 07:06:52 PM »

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smiffi76

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Re: Whats the Consequence
« Reply #21 on: September 17, 2007, 07:14:53 PM »

Thats what I was ment to ask  [wall]

If the police are excerising there speed guns, in the form of catching speeders, then do they have to put signs up saying so?? As were no signs at all on the road I was on, I even went back today to check.
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Kwakaholic

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Re: Whats the Consequence
« Reply #22 on: September 17, 2007, 08:04:37 PM »

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MajicKwak

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Re: Whats the Consequence
« Reply #23 on: September 17, 2007, 11:04:23 PM »


What I would do is wait to hear and see if the NIP arrives.

He won't get an NIP as it was given when he was stopped by the unmarked cop car. 

It is deemed that being issued with a ticket is the "Notice of Intended Prosecution" so the next thing he will get is a Summons for Court Appearance, which incedently has to be within 6 months of the offence, if it's not then your brief can ask for it to be thrown out of court.

Well at least it was like that the last time I looked into it.
« Last Edit: September 17, 2007, 11:06:34 PM by MajicKwak »
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KEIRON10R

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Re: Whats the Consequence
« Reply #24 on: September 18, 2007, 11:24:19 PM »

Thats what I was ment to ask  [wall]

If the police are excerising there speed guns, in the form of catching speeders, then do they have to put signs up saying so?? As were no signs at all on the road I was on, I even went back today to check.

Not sure this is still the case........ :dontknow:

I heard a couple of weeks ago that they no longer have to display the sign, and that they dont have to target the so called blackspots only........  yeah right.

ill see if i can dig out the stuff i read it on.

but im sure its changed now. basically park where and when they want. :boxing:
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MajicKwak

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Re: Whats the Consequence
« Reply #25 on: September 19, 2007, 12:01:10 AM »

Thats what I was ment to ask  [wall]

If the police are excerising there speed guns, in the form of catching speeders, then do they have to put signs up saying so?? As were no signs at all on the road I was on, I even went back today to check.

Not sure this is still the case........ :dontknow:

I heard a couple of weeks ago that they no longer have to display the sign, and that they dont have to target the so called blackspots only........  yeah right.

ill see if i can dig out the stuff i read it on.

but im sure its changed now. basically park where and when they want. :boxing:

The rules have changed recently and the Police are now free to point thier speed guns where ever they want to without warning signs, however the SCAMERA VANS Safety Camera Partnerships are still limited to certian areas.

However the local authourity no longer get the monies from the fines, they all now go to the chancellor and the LA have to apply for money from the chancellor for funding for road safety campaigns/works etc, which is why it's no longer in the interest of the Local Authourity to pay for someone to sit in a van collecting money for Central Government when they don't collect on the spoils of the Highway Robbers.  This is the reason that we now see less of Talivans around, well in this area anyway.

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pat

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Re: Whats the Consequence
« Reply #26 on: September 19, 2007, 02:49:48 AM »


Couple of points,

Re the number of lanes, I assume this has been mentioned 'cos the NSL for a single carriageway is 60 & a dual 70.  The difference between a single & dual carriageway is nothing to do with the number of lanes, it's down to there being a physical divider between the 2 directions of traffic, this is normally an armco crash barrier or a grass verge (median for those out in the colonies !) etc., hence you can be on a single lane road & it could be a dual carriageway.

There are guidelines for speeding along with almost everything else a magistrate has to deal with & they have very limited leeway to operate outside of them, they were online, but looks like you now have to but the paper copy. 

For your offence it'll be in the consider a short ban territory, if they don't ban you it'll almost certainly be 6 points &  a big fine, personally I'd go for then ban each time, it'll only be 7 or 14 days & once it's been served you can forget about it (well, until it comes to insurance renewal time), 6 points doesn't leave you much to play with for the next 3 years, believe me I've just done it !

There's a school of thought that if you plead guilty through the post they're more likely to give you the points 'cos you have to attend court for them to ban you & in a borderline case like this they're probably not going to want to go through it all again, as the courts are pretty much running at over capacity already.

Either way, it doesn't seem to affect bike insurance much - I think they expect it from us !  Car insurance on the other hand it does make more of a difference to.

Finally, the 6 months to send you a summons isn't quite correct, they have 6 months to ISSUE the summons, not get it to you, belive me I know this through experience.....   :cry:
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JediZX10R

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Re: Whats the Consequence
« Reply #27 on: September 19, 2007, 09:18:22 AM »

I was hopeing they would be super efficient and get me in court while i still have a bad leg. they can happily ban me while i cant ride or drive and am off work. But sods law says it will happen when alls well and i go back to work and f**k everything up  :pottytrain2:
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