Discussion
Mrs NDA's son has been caught doing 41 in a 20. He'll be banned. I am not sure of the circumstances other than a moment of madness, in a rush etc. There's no need to condemn him on here, it's not the reason for the post.
On the forms he's received - where he'll be pleading guilty - there's the question 'do you wish to attend court?'.
Is there any point? Is there a chance of a lower level of disqualification by either attending or not attending? I have absolutely no idea.
Advice welcome - thanks.
On the forms he's received - where he'll be pleading guilty - there's the question 'do you wish to attend court?'.
Is there any point? Is there a chance of a lower level of disqualification by either attending or not attending? I have absolutely no idea.
Advice welcome - thanks.
I am assuming you think he will be banned by totting up ie. His latest speeding offence will take him over the points . Personally I would seek legal advice and see if there are any relevant circumstances which he could put before the court that would mean they would consider not actually disqualifying him from driving.
Failing that he will be summoned to attend court as I believe to be disqualified from driving you actually have to be present before the court. (It may have changed since my day no doubt others will confirm if it is still the case.)
Failing that he will be summoned to attend court as I believe to be disqualified from driving you actually have to be present before the court. (It may have changed since my day no doubt others will confirm if it is still the case.)
A court will usually require a defendant to attend if they are planning a disqualification. The court disqualification is immediate and has a stated duration. There are no points.
If he is a new driver (<2 years) then it is DVLA that revoke the licence if 6 or more points are accrued. This is separate to the court and can be done by post. It is not a ban as such as the test can be retaken immediately to recover the licence. The recovered licence comes with the points awarded by the court.
If he is a new driver (<2 years) then it is DVLA that revoke the licence if 6 or more points are accrued. This is separate to the court and can be done by post. It is not a ban as such as the test can be retaken immediately to recover the licence. The recovered licence comes with the points awarded by the court.
It's almost certain that he will get 6 points, rather than an immediate ban. 41 in a 20 takes him just into the highest points band for speeding so, unless there are additional factors, its quite a straightforward decision by the court. Assuming he currently has a clean licence, he'll not get banned as a consequnce. There is no need to attend, just plead guilty and await the outcome of the (almost certain) single justice procedure.
kestral said:
Don't go to court to plead guilty.
The Magistrates will not like it one bit.
The courts are very busy places and don't want time wasted.
It's an interesting world. I thought they liked it if you pleaded guilty because it saved them time. But maybe I'm thinking of proper courts not kangaroo ones.The Magistrates will not like it one bit.
The courts are very busy places and don't want time wasted.
Griffith4ever said:
Other than outside a school, when it's open, what a crazy society we've become where you can be banned for driving at 41 mph.
My thought exactly. And that road was probably 30mph until very recently, and 40mph before that. Turkey shoot.NDA said:
Simpo Two said:
It's an interesting world. I thought they liked it if you pleaded guilty because it saved them time. But maybe I'm thinking of proper courts not kangaroo ones.
The advice is plead guilty by post or online - not to turn up and plead guilty.You'll piss them off even more turning up for that than not pleading guilty and having to turn up by default.
Take the easy option, you'll not get a different outcome.
Ezra said:
It's almost certain that he will get 6 points, rather than an immediate ban. 41 in a 20 takes him just into the highest points band for speeding so, unless there are additional factors, its quite a straightforward decision by the court. Assuming he currently has a clean licence, he'll not get banned as a consequnce. There is no need to attend, just plead guilty and await the outcome of the (almost certain) single justice procedure.
If hes a new driver 6 points will be a ban i thinksuper7 said:
They're giving you the choice to plead guilty by post, and to stop you turning up at court and wasting their time for what is a trivial issue.....
I agree, it's a trivial issue. A driving ban for a trivial issue.
I would hope that judges, magistrates or whatever they are would not allow their erudite decision-making process to be skewed by the degree of pissed-offedness that they happened to be feeling that day.I agree, it's a trivial issue. A driving ban for a trivial issue.
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