49 in a 30 - too serious for FPN
Discussion
Title should read 49 In a 30! Can’t edit title
Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
Edited by Pizzaman19 on Sunday 30th June 12:52
Pizzaman19 said:
Title should read 49 In a 30! Can’t edit title
Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
49/30 mph is usually a £100 fixed penalty with 3 points.Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
Edited by Pizzaman19 on Sunday 30th June 12:52
However, you indicated above that you have received a "form."
What precisely have you received?
Is it a Single Justice Procedure Notice with 21 days to reply. Three options - guilty (court), guilty (no court) or not guilty.
agtlaw said:
Pizzaman19 said:
Title should read 49 In a 30! Can’t edit title
Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
49/30 mph is usually a £100 fixed penalty with 3 points.Dear all I have six points on my license for speeding both 30 mile an hour convictions and was caught doing 49 in a 30 by Man police equipment.
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am, however, remorseful and modified my style in accordance.
My question to you is whether a ban will be likely or would it be more likely to receive five points and fine?
My second question is how do I proceed with the matter? Do I fill out the form with a guilty plea and an explanation without attending court or do I seek legal advice and council and attend a hearing which would give me the most favourable outcome??
I have read that this is a class B and that 4 to 6 points could be issued Or a discretionary short term ban of 7 to 28 days.
Any advice regarding these questions would be gratefully received. The six points that I have gathered are relatively recent and occurred within the last year. I am unsure as to how that might aggravate the offence.
Many thanks in advance of your replies
Edited by Pizzaman19 on Sunday 30th June 12:52
However, you indicated above that you have received a "form."
What precisely have you received?
Is it a Single Justice Procedure Notice with 21 days to reply. Three options - guilty (court), guilty (no court) or not guilty.
Wont it just be another 3 points, so you will now be on 9? If you have really modified your driving then hopefully no problem. I'm sad to say I've been there myself. Of course insurance may jump a bit at renewal.
If you do end up in court and turn up suited, booted and remorseful, I doubt they would give 6 points or a ban. Of course a short ban may be best rather than 3 years being one offence short of a totting up ban.
If you do end up in court and turn up suited, booted and remorseful, I doubt they would give 6 points or a ban. Of course a short ban may be best rather than 3 years being one offence short of a totting up ban.
Edited by Wackywoo105 on Sunday 30th June 15:51
As AGT says, that speed would normally see the offer of a fixed penalty. Just to be certain, are you sure the limit was 30mph and not 20mph?
Anyway, you are where you are.
Assuming the limit was 30mph, the magistrates' guidelines suggest either a ban of up o 28 days or between four and six points. The band of "seriousness" in those guidelines covers 41 to 50mph, so your speed is almost at the top of that band. So if the court decides points are appropriate you would expect to see six imposed.
Unfortunately your mitigation, such that it is, does not hold much water. As you seem to accept, being late for an appointment does not justify speeding and since there are no default 40mph limits it is hard to understand why you believed the limit was 40mph when there were no signs denoting this. Then, of course, you do have the slight problem that 49mph is faster than 40mph!
If you do see six points imposed you will face a six month "totting up" ban. You can avoid this if you can persuade the court that you or others will face "exceptional hardship" if you are banned. If you respond to the SJPN by pleading guilty but do not want to attend court, the "Single Justice" will not ban you in your absence. Instead your case will be adjourned and you will be asked to attend court.
Will you or others face exceptional hardship if you are banned?
Anyway, you are where you are.
Assuming the limit was 30mph, the magistrates' guidelines suggest either a ban of up o 28 days or between four and six points. The band of "seriousness" in those guidelines covers 41 to 50mph, so your speed is almost at the top of that band. So if the court decides points are appropriate you would expect to see six imposed.
Unfortunately your mitigation, such that it is, does not hold much water. As you seem to accept, being late for an appointment does not justify speeding and since there are no default 40mph limits it is hard to understand why you believed the limit was 40mph when there were no signs denoting this. Then, of course, you do have the slight problem that 49mph is faster than 40mph!
If you do see six points imposed you will face a six month "totting up" ban. You can avoid this if you can persuade the court that you or others will face "exceptional hardship" if you are banned. If you respond to the SJPN by pleading guilty but do not want to attend court, the "Single Justice" will not ban you in your absence. Instead your case will be adjourned and you will be asked to attend court.
Will you or others face exceptional hardship if you are banned?
Pizzaman19 said:
The circumstances for me speeding were as follows was late to a physiotherapy appointment that could have resulted in a claim not being paid out having being a victim of a whiplash incident. Also the location where the offence occurred was a zone that was in the city however had four or more lanes leading me to believe that the speed limit was 40 however I was mistaken.
I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
I am sorry, but they aren't mitigating circumstances, they are excuses and unfortunately excuses don't really help you. Also the number of lanes has no bearing on the speed limit.I realise that both of these are mitigating circumstances and mitigating circumstances do not exist for this offence.
Pizzaman19 said:
I am, however, remorseful and modified my style in accordance.
Shame you didn't manage that on your previous captures.JagLad said:
As AGT says, that speed would normally see the offer of a fixed penalty. Just to be certain, are you sure the limit was 30mph and not 20mph?
Anyway, you are where you are.
Assuming the limit was 30mph, the magistrates' guidelines suggest either a ban of up o 28 days or between four and six points. The band of "seriousness" in those guidelines covers 41 to 50mph, so your speed is almost at the top of that band. So if the court decides points are appropriate you would expect to see six imposed.
Unfortunately your mitigation, such that it is, does not hold much water. As you seem to accept, being late for an appointment does not justify speeding and since there are no default 40mph limits it is hard to understand why you believed the limit was 40mph when there were no signs denoting this. Then, of course, you do have the slight problem that 49mph is faster than 40mph!
If you do see six points imposed you will face a six month "totting up" ban. You can avoid this if you can persuade the court that you or others will face "exceptional hardship" if you are banned. If you respond to the SJPN by pleading guilty but do not want to attend court, the "Single Justice" will not ban you in your absence. Instead your case will be adjourned and you will be asked to attend court.
Will you or others face exceptional hardship if you are banned?
Thank you for your reply. Anyway, you are where you are.
Assuming the limit was 30mph, the magistrates' guidelines suggest either a ban of up o 28 days or between four and six points. The band of "seriousness" in those guidelines covers 41 to 50mph, so your speed is almost at the top of that band. So if the court decides points are appropriate you would expect to see six imposed.
Unfortunately your mitigation, such that it is, does not hold much water. As you seem to accept, being late for an appointment does not justify speeding and since there are no default 40mph limits it is hard to understand why you believed the limit was 40mph when there were no signs denoting this. Then, of course, you do have the slight problem that 49mph is faster than 40mph!
If you do see six points imposed you will face a six month "totting up" ban. You can avoid this if you can persuade the court that you or others will face "exceptional hardship" if you are banned. If you respond to the SJPN by pleading guilty but do not want to attend court, the "Single Justice" will not ban you in your absence. Instead your case will be adjourned and you will be asked to attend court.
Will you or others face exceptional hardship if you are banned?
Yes it was a 30mph not 20.
As for hardship - my family depends on my income and as I am a telecommunications engineer my job requires me to travel to sites as required around the UK in order to fix network faults. Without the ability to drive I cannot fulfil my job and will lose the income my family depends on. I also have an elderly mother that lives half an hour away. Some months ago she developed COPD and had an episode where she could not breath and I attended immediately and called the ambulance. I need to be able to get to her quickly as she may have another episode and requires my help.
I have children that I need to drive to work also. My 18 year old has no transport to get to his place of work that is awkward by public transport
What course of action should I take ?
A) Submit a guilty plea without court or
B) seek council submit a guilty plea and attend court ?
Thank you
Pizzaman19 said:
Thank you for your reply. Yes, I have received the 21 days to respond single justice procedure notice.
49 in a 30 is bang on the fixed penalty upper limit. Wonder why you've had an SJPN - were you late sending back earlier paperwork?
If there's no good reason for the SJPN I've seen some cases reported as being dealt with as if it was a fixed penalty (although with bonus victim surcharge added).
Sheepshanks said:
49 in a 30 is bang on the fixed penalty upper limit.
Wonder why you've had an SJPN - were you late sending back earlier paperwork?
If there's no good reason for the SJPN I've seen some cases reported as being dealt with as if it was a fixed penalty (although with bonus victim surcharge added).
Thank you for your reply. No I would not late submitting the notice of intended prosecution. I’m also stumped as to why I’ve received the 21 day notice initially I received the letter stating that the offence was too serious to be dealt with by fixed penalty notice and then the 21 day notice arrived a few days later. Wonder why you've had an SJPN - were you late sending back earlier paperwork?
If there's no good reason for the SJPN I've seen some cases reported as being dealt with as if it was a fixed penalty (although with bonus victim surcharge added).
Attend for sure in person make a genuine plea they will most likely give you 4 or 5 points leaving you on 11.
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
Turn up be genuine & remorseful will most likely give you 1 last chance (and drive carefully for the next 3-4 years to retain your licence & be a safe driver!).
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
Turn up be genuine & remorseful will most likely give you 1 last chance (and drive carefully for the next 3-4 years to retain your licence & be a safe driver!).
RS_MAN_CHILD said:
Attend for sure in person make a genuine plea they will most likely give you 4 or 5 points leaving you on 11.
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
Turn up be genuine & remorseful will most likely give you 1 last chance (and drive carefully for the next 3-4 years to retain your licence & be a safe driver!).
Thank you for this direction. It’s part of what I needed. Should I go alone or with council?If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
Turn up be genuine & remorseful will most likely give you 1 last chance (and drive carefully for the next 3-4 years to retain your licence & be a safe driver!).
RS_MAN_CHILD said:
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
safe driver!).
The court will not disqualify him in his absence without first giving him the opportunity to attend.safe driver!).
JagLad said:
RS_MAN_CHILD said:
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
safe driver!).
The court will not disqualify him in his absence without first giving him the opportunity to attend.safe driver!).
Sheepshanks said:
JagLad said:
RS_MAN_CHILD said:
If you plea guilty by post its likely they will ban you as having 2 not long ago convictions means you did not learn from those & that's how it will be seen & dealt with.
safe driver!).
The court will not disqualify him in his absence without first giving him the opportunity to attend.safe driver!).
Pizzaman19 said:
Thank you for your reply.
Yes it was a 30mph not 20.
As for hardship - my family depends on my income and as I am a telecommunications engineer my job requires me to travel to sites as required around the UK in order to fix network faults. Without the ability to drive I cannot fulfil my job and will lose the income my family depends on. I also have an elderly mother that lives half an hour away. Some months ago she developed COPD and had an episode where she could not breath and I attended immediately and called the ambulance. I need to be able to get to her quickly as she may have another episode and requires my help.
I have children that I need to drive to work also. My 18 year old has no transport to get to his place of work that is awkward by public transport
What course of action should I take ?
A) Submit a guilty plea without court or
B) seek counsel submit a guilty plea and attend court ?
Thank you
You have received a SJPN rather than a Summons. Yes it was a 30mph not 20.
As for hardship - my family depends on my income and as I am a telecommunications engineer my job requires me to travel to sites as required around the UK in order to fix network faults. Without the ability to drive I cannot fulfil my job and will lose the income my family depends on. I also have an elderly mother that lives half an hour away. Some months ago she developed COPD and had an episode where she could not breath and I attended immediately and called the ambulance. I need to be able to get to her quickly as she may have another episode and requires my help.
I have children that I need to drive to work also. My 18 year old has no transport to get to his place of work that is awkward by public transport
What course of action should I take ?
A) Submit a guilty plea without court or
B) seek counsel submit a guilty plea and attend court ?
Thank you
Therefore, A
agtlaw said:
Pizzaman19 said:
Thank you for your reply.
Yes it was a 30mph not 20.
As for hardship - my family depends on my income and as I am a telecommunications engineer my job requires me to travel to sites as required around the UK in order to fix network faults. Without the ability to drive I cannot fulfil my job and will lose the income my family depends on. I also have an elderly mother that lives half an hour away. Some months ago she developed COPD and had an episode where she could not breath and I attended immediately and called the ambulance. I need to be able to get to her quickly as she may have another episode and requires my help.
I have children that I need to drive to work also. My 18 year old has no transport to get to his place of work that is awkward by public transport
What course of action should I take ?
A) Submit a guilty plea without court or
B) seek counsel submit a guilty plea and attend court ?
Thank you
You have received a SJPN rather than a Summons. Yes it was a 30mph not 20.
As for hardship - my family depends on my income and as I am a telecommunications engineer my job requires me to travel to sites as required around the UK in order to fix network faults. Without the ability to drive I cannot fulfil my job and will lose the income my family depends on. I also have an elderly mother that lives half an hour away. Some months ago she developed COPD and had an episode where she could not breath and I attended immediately and called the ambulance. I need to be able to get to her quickly as she may have another episode and requires my help.
I have children that I need to drive to work also. My 18 year old has no transport to get to his place of work that is awkward by public transport
What course of action should I take ?
A) Submit a guilty plea without court or
B) seek counsel submit a guilty plea and attend court ?
Thank you
Therefore, A
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