Court or not?

[NDA]

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.

[Deviation]

I probably would, just to evidence I’m an adult and face consequences like one

[Condado]

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.)

[Starfighter]

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.

[NDA]

Condado said:

I am assuming you think he will be banned by totting up

41 in a 20 is a ban - from what I've read...

[Condado]

Missed the 20 in your post… sorry. Looking at guidelines it’s a 7-56 day ban, however disqualification is at the discretion of the court so I would look at getting some legal advice and see what happens.

[a340driver]

My dad would've expected me to turn up and I would expect that from my children. However it's not your child. Discussions required I would think.

[kestral]

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.

If they are considering disqualifying they will ask you to attend.

[Ezra]

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.

[NDA]

OK - thanks everyone, very useful. Much appreciated.

[Griffith4ever]

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.