Representing self for 102mph in 70?

Representing self for 102mph in 70?

Author
Discussion

Hifly130

Original Poster:

106 posts

110 months

Monday 27th May
quotequote all
Hello,

Does anyone have any experience or recommendations on representing yourself for being caught by a mobile camera doing 102 in a 70? They don’t really have the spare cash to get representation if it goes to court.

The person ( it’s genuinely not me) who is in this situation lives in a rural location and has young children with a partner so losing their license would cause a lot of issues. They’ve got a clean license ( probably for 20 plus years) and to my knowledge never had any points. Also can road condition effect judges decision?

Red9zero

7,895 posts

64 months

Monday 27th May
quotequote all
You / they have just provided the prosectutions case. If the licence was so important, why were they speeding ? IME you / they need to take it very seriously and get legal representation and attend court suited and booted and looking very apologetic. It will be money well spent.

GasEngineer

1,166 posts

69 months

Monday 27th May
quotequote all
Red9zero said:
You / they have just provided the prosectutions case. If the licence was so important, why were they speeding ? IME you / they need to take it very seriously and get legal representation and attend court suited and booted and looking very apologetic. It will be money well spent.
Why do you say "You/they" when the OP has clearly said that it is genuinely not themself that they are asking for?

119

9,501 posts

43 months

Monday 27th May
quotequote all
Hifly130 said:
Hello,

Does anyone have any experience or recommendations on representing yourself for being caught by a mobile camera doing 102 in a 70? They don’t really have the spare cash to get representation if it goes to court.

The person ( it’s genuinely not me) who is in this situation lives in a rural location and has young children with a partner so losing their license would cause a lot of issues. They’ve got a clean license ( probably for 20 plus years) and to my knowledge never had any points. Also can road condition effect judges decision?
Enjoy your ban.

Hifly130

Original Poster:

106 posts

110 months

Monday 27th May
quotequote all
I don’t mind and fully expected posters here to say it was actually me ( I would probably think the same) but it’s not ( that’s why I know they’ve been driving for a long time and clean license but don’t know if they’ve had any points previously). If responses want to refer to it as me I don’t mind as doesn’t really make any difference.

I’ve been on pistonheads for a while and always impressed by some of the advice and expertise given. The person in question doesn’t even know this site exists but just offered to find out more for them.

If this case was my situation it would be quite different to said person in my OP so court outcome would be likely quite different.

Hifly130

Original Poster:

106 posts

110 months

Monday 27th May
quotequote all
[redacted]

heebeegeetee

28,960 posts

255 months

Monday 27th May
quotequote all
Red9zero said:
You / they have just provided the prosectutions case. If the licence was so important, why were they speeding ? IME you / they need to take it very seriously and get legal representation and attend court suited and booted and looking very apologetic. It will be money well spent.
This. If your friend really really needs to keep his licence, then a) he's been very stupid, and b) he must get representation and he must go to the court fully dressed as Mr Middle Class (in my experience you stand out a mile amongst the many in their freshly pressed football shirts, which seemed to be the de rigeur when I attended court, tho many years ago).


Is the duty solicitor at the court available for speeding offences?

agtlaw

6,910 posts

213 months

Monday 27th May
quotequote all
Hifly130 said:
Hello,

Does anyone have any experience or recommendations on representing yourself for being caught by a mobile camera doing 102 in a 70? They don’t really have the spare cash to get representation if it goes to court.

The person ( it’s genuinely not me) who is in this situation lives in a rural location and has young children with a partner so losing their licence would cause a lot of issues. They’ve got a clean licence ( probably for 20 plus years) and to my knowledge never had any points. Also can road condition effect judges decision?
In the circumstances described, it would be foolish to elect a court hearing rather than attempt to conclude the case at the Single Justice stage. Your plea in mitigation can be entered online via the makeaplea website. The appropriate option is ‘guilty I do not want to attend court.’

Focus on personal mitigating factors - the effect of a ban on you and or others. Road condition isn’t your best point.


Leptons

5,317 posts

183 months

Monday 27th May
quotequote all
[redacted]

mikeiow

6,207 posts

137 months

Monday 27th May
quotequote all
Presumably road conditions were perfect: how were they caught?

I was once stopped at 95 on a fairly clear motorway. The cops were decent and said my road discipline was good (not racing up behind people), so they would put it down as 89 (points and a fine). No excuse mind, & I try to stay within 10% now (ACPO guidelines of 10% + 2mph for prosecutions…not that all forces will admit to following them).

I think they would want the backing of their boss to help convince a judge that losing their license would be catastrophic.
They would also clearly need to be unbelievably contrite….not sure there are any even faintly valid mitigating words or circumstances (over 100 on motorway or dual is simply too much), but getting a good lawyer involved feels like the only chance to me.


agtlaw

6,910 posts

213 months

Monday 27th May
quotequote all
heebeegeetee said:
This. If your friend really really needs to keep his licence, then a) he's been very stupid, and b) he must get representation and he must go to the court fully dressed as Mr Middle Class (in my experience you stand out a mile amongst the many in their freshly pressed football shirts, which seemed to be the de rigeur when I attended court, tho many years ago).


Is the duty solicitor at the court available for speeding offences?
No.

Attend court “suited and booted” is a bit silly. It’s 2024 and the Single Justice Procedure has been around since April 2015.




agtlaw

6,910 posts

213 months

Monday 27th May
quotequote all
Red9zero said:
You / they have just provided the prosectutions case. If the licence was so important, why were they speeding ? IME you / they need to take it very seriously and get legal representation and attend court suited and booted and looking very apologetic. It will be money well spent.
Please explain why someone should attend court “suited and booted” rather than conclude the case at the Single Justice Stage. I’ve always thought that two opportunities to avoid a ban (SJP then court) were better than one (court only), so I would be interested in your thought process here.

The Gauge

3,178 posts

20 months

Monday 27th May
quotequote all
Dressing appropriately for someone who is attending court 'could' make the right impression on the magistrates.

If you go and sit in the waiting area of any city centre court (mags or crown) and take a look at the dregs of society that frequent these places as a routine part of their life then you might be surprised. For the mags to see an actual decent and presentable looking person in the dock must be quite a relief for them.

Either that, or they'll see you as someone who can actually afford a fine!

In my younger days (early 90's) I would always be flying up and down the motorways in my company car at just under 100mph, conscious that anything more and I'd face a ban. But back then all you had to look out for was a jam buttie parked up off the hard shoulder. Now I'm older I have no desire to drive like that which is just as well with the number of cameras on the motorways. I just hope my 17yr old son can negotiate his first 10yrs or so of driving by being more sensible than I was.


Edited by The Gauge on Monday 27th May 09:17

Griffith4ever

4,758 posts

42 months

Monday 27th May
quotequote all
Honestly, don't make any excuses (this just rubs the JP up the wrong way), be very apologetic and remorseful and make it very clear how dependent on the car she is for work/ kids. Thats the best you can do really. Unless things have changed IF she does get a ban it'll only be a few weeks at most?

102 on the motorway really isn't that unusual at all. ( might be more severe on a DC? I don't know) An awful lot of hand wringing judgey types are on this forum now so expect lots of abuse. Sadly.

agtlaw

6,910 posts

213 months

Monday 27th May
quotequote all
The Gauge said:
Dressing appropriately for court could make the right impression on the magistrates.

If you go and sit in the waiting area of any city centre court (mags or crown) and take a look at the dregs of society that frequent these places as a routine part of their life then you might be surprised. For the mags to see an actual decent reasonable looking person in the dock must be quite a relief for them.

Either that, or they'll see you as someone who can actually afford a fine!
The dress code for court is job interview.


mikeiow

6,207 posts

137 months

Monday 27th May
quotequote all
agtlaw said:
In the circumstances described, it would be foolish to elect a court hearing rather than attempt to conclude the case at the Single Justice stage. Your plea in mitigation can be entered online via the makeaplea website. The appropriate option is ‘guilty I do not want to attend court.’

Focus on personal mitigating factors - the effect of a ban on you and or others. Road condition isn’t your best point.
& this will be the best advice you get here. From someone who actually knows!

The Gauge

3,178 posts

20 months

Monday 27th May
quotequote all
agtlaw said:
The dress code for court is job interview.
Precisely. Staggering how some folk dress when turning up for court, they just wear their usual grafting gear and couldn't care less.

E-bmw

9,965 posts

159 months

Monday 27th May
quotequote all
heebeegeetee said:
Is the duty solicitor at the court available for speeding offences?
I could be wrong, but I think I remember hearing that they can only be used for cases where jail MAY be a possible outcome.

Sheepshanks

34,979 posts

126 months

Monday 27th May
quotequote all
agtlaw said:
I’ve always thought that two opportunities to avoid a ban (SJP then court) were better than one (court only), ….
How do you get two goes at it - you can be banned at the SJP stage, can’t you? Or do Mags normally set a date for an in-person hearing if they’re going to ban?

agtlaw

6,910 posts

213 months

Monday 27th May
quotequote all
Sheepshanks said:
do Mags normally set a date for an in-person hearing if they’re going to ban?
Yes. Otherwise issue a Notice of Proposed Disqualification - in which case you then elect a traditional court hearing.

You can only be disqualified at the Single Justice stage if you don't reply to the NOPD or consent to disqualification in absence.