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So my court summons arrived...

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Groove
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PostPosted: 15:19 - 01 Sep 2007    Post subject: So my court summons arrived... Reply with quote

This is second time writing this, fucking forums!

Right, so im getting done for:

Arrow Speeding at more than 122mph (written in his statement)
Arrow Driving otherwise than in accordance to licence (No licence to ride the vehicle, i should be restricted)
Arrow Driving without insurance

Im going to plead guilty by post as ill be in New Zealand on the court date, but i can send off my insurance certificate of the time. It doesnt say that i said the bike was restricted, so would that still cover me and get me off that charge?

Also, im going to right on the back in the "Statement in Mitigation" section somthing along the lines of:

Quote:
dear magistraits

there is no excuse for my actions on the ... and am deeply ashamed of not being patient enough to wait the 2 year restriction peroid. I would completly understand if any serious action against on my license was taken, but id like to appeal to the court to alow provisional entitlement to let me continue to learn to drive a car, so i can continue my career in sales. Without a car license i can not progress into a sales negotitor with any estate agency, which was my next step to a long career. Having seen how much i need to rely on my own transport to progress in my chosen career, and having recently seen the aftermath of speeding on public roads i belive it would never cross my mind, no mater the situation.


Any hints or tips?

Oh, and for the safety nazi's Middle Finger Cool Middle Finger
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Quote Me Happy



Joined: 15 Jan 2005
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PostPosted: 15:24 - 01 Sep 2007    Post subject: Reply with quote

Ban time Crying or Very sad

Use a spell checker Wink .
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Groove
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PostPosted: 15:25 - 01 Sep 2007    Post subject: Reply with quote

I did? Laughing

Obviously doesnt do quotes Rolling Eyes

Oh yeah, do they take in to account previous stuff? Ive already got two SP30's and a CD10 equalling 3 points.
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Quote Me Happy



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PostPosted: 15:29 - 01 Sep 2007    Post subject: Reply with quote

Quote:
dear magistrates

there is no excuse for my actions on the ... and am deeply ashamed of not being patient enough to wait the 2 year restriction period. I would completely understand if any serious action against on my license was taken, but id like to appeal to the court to allow provisional entitlement to let me continue to learn to drive a car, so i can continue my career in sales. Without a car license i can not progress into a sales negotiator with any estate agency, which was my next step to a long career. Having seen how much i need to rely on my own transport to progress in my chosen career, and having recently seen the aftermath of speeding on public roads i believe it would never cross my mind, no matter the situation.


Spelling done for you, the grammar is beyond repair Wink
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Groove
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PostPosted: 15:32 - 01 Sep 2007    Post subject: Reply with quote

I did do it at around 3AM last night, after a few drinks Thumbs Up Wink

But the basis is ok?
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Quote Me Happy



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PostPosted: 15:35 - 01 Sep 2007    Post subject: Reply with quote

Well not really TBH. Imagine you're a magistrate reading stuff like this day in day out. Would you care?

Tell them you've sold the bike, gone on a course etc. But at 122MPH you're screwed whatever you write. Go to www.pepipoo.com maybe? Probably too late but there might be stuff on there to help you.
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Kal
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PostPosted: 15:36 - 01 Sep 2007    Post subject: Reply with quote

Middle Finger It's your own fault your licence is at risk Middle Finger

However...

If you clock 6 points your licence will be revoked, rather than a ban. Which means you will be able to apply to get your provisional entitlement back once you leave the Court.

You are risking an outright ban because of the ton up part. I would just leave it at "I need transport for my work" without getting specific about what you do for a living. Don't talk about what may or may not happen in the future - they won't be impressed.

If you are going to admit Guilt just go with you were in the wrong and state your attitude was immature, with a sincere apology should go a long way.

I think you'll get away with the insurance, although it is a grey area. I would supply a copy of your insurance documents rather than the actual one as you wouldn't want it to get lost in the post.

With two SP30 already on your licence though they are liable to believe you've already had your second chance.
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Last edited by Kal on 15:50 - 01 Sep 2007; edited 1 time in total
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colin1
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PostPosted: 15:36 - 01 Sep 2007    Post subject: Reply with quote

best not to let them know about the few drinks

i think its unlikely that theyd consider it mitigating circumstances Smile
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Last edited by colin1 on 15:37 - 01 Sep 2007; edited 1 time in total
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iooi
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PostPosted: 15:36 - 01 Sep 2007    Post subject: Re: So my court summons arrived... Reply with quote

Groovearmada wrote:
but i can send off my insurance certificate of the time. It doesnt say that i said the bike was restricted, so would that still cover me and get me off that charge?


NO.


Pop to a local solictor and get your free 30 min or whatever and get them to help you draft a letter.
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sickpup
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PostPosted: 16:25 - 01 Sep 2007    Post subject: Re: So my court summons arrived... Reply with quote

Groovearmada wrote:


Arrow Driving otherwise than in accordance to licence (No licence to ride the vehicle, i should be restricted)



Out of interest how do they know your bike wasn't restricted?
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St0rmer66
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PostPosted: 16:33 - 01 Sep 2007    Post subject: Re: So my court summons arrived... Reply with quote

sickpup wrote:
Groovearmada wrote:


Arrow Driving otherwise than in accordance to licence (No licence to ride the vehicle, i should be restricted)



Out of interest how do they know your bike wasn't restricted?

Doing 122mph probably had something to do with it Wink .

As for the likeliness of getting banned, I'd say "almost certain". Most people wouldn't get away with 122mph even for a first offence, but having 2x SP30 and a CD10 already means you have almost zero chance of getting away with it. I think the judge will see it as you've already had more than enough chances and it's tough luck that you need your license.

It's a shame because you probably weren't really causing too much danger by doing those speeds on a motorway, but you need to be realistic and realise you are going to get shafted for this one Sad . I'd probably bet money that you will get banned!
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Last edited by St0rmer66 on 16:42 - 01 Sep 2007; edited 1 time in total
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Ariel Badger
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PostPosted: 16:39 - 01 Sep 2007    Post subject: Reply with quote

Do not mention that you wish to be an estate agent, choose a profession that is a little less loathed such as rat catcher or traffic warden.
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MattEMulsion
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PostPosted: 16:54 - 01 Sep 2007    Post subject: Reply with quote

I think that if you want any chance of getting your penalty reduced you are going to have to turn up in court in person. I think that the letter will do jack shit and the judge/magistrate will think well if he can't be bothered to even turn up then I'll just give him what for. (They won't know that you are in New Zealand for whatever reason).

As for the list of things that they are taking you to court for - speeding, driving otherwise than in accordance to your licence and the technicality of your insurance being invalid, you are screwed anyway. They will almost certainly ban you - its just the period of that ban that is in question. If they also take into account your other two SP30's and your driving without due care then you really will be looking at a long time off the road.

Oh and your comment "and for the safety nazi's Middle Finger Cool Middle Finger", then I don't think you are in a position to comment at all. Your riding history speaks volumes and to be fair you are not exactly setting a good example to others. Maybe the Karma thing has got you after all...
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Keir
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PostPosted: 18:23 - 01 Sep 2007    Post subject: Re: So my court summons arrived... Reply with quote

sickpup wrote:
Groovearmada wrote:


Arrow Driving otherwise than in accordance to licence (No licence to ride the vehicle, i should be restricted)



Out of interest how do they know your bike wasn't restricted?


if its just because of the speed your gearing may be really tall.
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69.9mph
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PostPosted: 18:30 - 01 Sep 2007    Post subject: Reply with quote

1930 Ariel wrote:
Do not mention that you wish to be an estate agent, choose a profession that is a little less loathed such as rat catcher or traffic warden.


Yes, quite agree.

Magistrate reads "I want to be an Estate Agent" - Magistrate thinks "This bloke is obviously a lying cunt".


HTH Wink
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Groove
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PostPosted: 18:34 - 01 Sep 2007    Post subject: Reply with quote

Well, it was just after i had the engine changed; which i told the copper.

He was going to get it checked out and had already said he would be confiscating the bike and taking it there and then. As i was on holiday a few days later and they would have had the bike for a good 3 weeks, at £15 a day i didnt think it would be worth getting told that no, the bikes not restricted!

Anyway, because of this i ended up saying it was restricted, but testing the engine now it seems that more than likely the restrictions have not carried over, even though i thought it was the throttle restricted. So i gave in. He really didnt know fuck all about the restrictions, he didnt no that 25kw was 33bhp and he called somone to come check it by the road. When the other copper came out, he looked at the bike, went round it from a couple of feet away and said "how fast was he going" to be replyed with "well i was maxed out at 122mph and he was getting away at some pace". He then went on to say that he doubted the bike was restricted but cant tell by the road side so what the fuck was the point in him coming out in the first place!

And its not like i speed everywhere, i got caught doing 40 in a 30 on the way rushing to college, then 8 months later got caught averging 110mph over half a mile on a 25 mile dual carrigway. This time it was on a empty stretch of 3 lane motorway which is in his statement.
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.....
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PostPosted: 18:36 - 01 Sep 2007    Post subject: Reply with quote

Isn't speeding on a motorway a different, more serious offence than on other roads?
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Groove
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PostPosted: 18:40 - 01 Sep 2007    Post subject: Reply with quote

Sorry, wasnt actually a motorway. Some 3 lane A road linking to one.
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T.C
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PostPosted: 19:09 - 01 Sep 2007    Post subject: Reply with quote

If you have insurance, it is unlikely that they will proceed for that offence. To prove that offence, it would have to be shown that no insurance policy was in force at all.

The fact that the bike was not restricted makes no difference as your insurers would still have to cover minimum third party risk, although they would be at liverty to refuse any claim for damage to you or your bike in the event of a claim.

To validate the insurance it states that you must hold or have held a licence for that class of vehicle. You obviously hold a motorcycle licence by virtue of the fact that you have been reported for not riding in accordance of the terms of your provisional licence. If you did not have a licence for the bike, they would have had to report you for driving without a licence.

In order to avoid disqualification, you will need to prove extreme hardship to the court in the event that you were disqualified.

For example if you were required to take a sick member of your family or maybe your wife to the hospital daily for important medical treatment, or there was some life and death reason, then you may be lucky.

But to say that you would lose your job when it is obvious you have not started your job insales yet, and therefore the fact that you want to start learning to drive so that you can get into sales will not wash.

They (the court) will not consider that a hardship, to them it will be a case of you taking the piss to avoid disqualification and may well increase the time you spend off the road.
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kitty kat
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PostPosted: 19:19 - 01 Sep 2007    Post subject: Reply with quote

T.C wrote:

In order to avoid disqualification, you will need to prove extreme hardship to the court in the event that you were disqualified.

For example if you were required to take a sick member of your family or maybe your wife to the hospital daily for important medical treatment, or there was some life and death reason, then you may be lucky.


These days most magistrates have the attitude, if you need your licence that badly then you shouldn't speed.

Advice taken from my dad who is a magistrate!
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Groove
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PostPosted: 19:22 - 01 Sep 2007    Post subject: Reply with quote

Now thats the sort of stuff that helps! Thumbs Up T.C

My mother is currently in and out of hospital with treatments of treatments of breast cancer. Since i sold my bike she has no way of getting to the hospital on her own. So i need a car to take the strain back off her and help her to a much fuller, quicker recovery Thumbs Up

What would they rather do, ban me or disqualify me?

Last time i got a 7 week ban, so did not have to retake my tests. Surely it would be better for everyone if i had to prove that i was able to ride, and therefore have to retake my tests?

I do understand though that a 8 week ban would mean retaking tests.
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kitty kat
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PostPosted: 19:36 - 01 Sep 2007    Post subject: Reply with quote

sorry to disappoint you, but quote from my father, looks like you will be facing a ban and a possible extended test when you get your licence back.

Don't like being the bearer of bad news, but don't want you building your hopes up.
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Pete.
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PostPosted: 19:37 - 01 Sep 2007    Post subject: Reply with quote

Groovearmada wrote:
Now thats the sort of stuff that helps! Thumbs Up T.C

My mother is currently in and out of hospital with treatments of treatments of breast cancer. Since i sold my bike she has no way of getting to the hospital on her own. So i need a car to take the strain back off her and help her to a much fuller, quicker recovery Thumbs Up

What would they rather do, ban me or disqualify me?

Last time i got a 7 week ban, so did not have to retake my tests. Surely it would be better for everyone if i had to prove that i was able to ride, and therefore have to retake my tests?

I do understand though that a 8 week ban would mean retaking tests.


Banning and disqualifying are the same thing Wink

You might get lucky with your mum's illness but I think it's still a long-shot. Does she suffer a depleted immune-system due to the cancer/chemo. I have had to rush my dad in a few times because infections take hold very quickly (as in a few hours from feeling perfectly well to being fighting for life). There's no way he could drive himself.
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Groove
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PostPosted: 19:51 - 01 Sep 2007    Post subject: Reply with quote

They are? Ok then, revoked from points totting up!

And no, she has had a fair few side effects though, currently getting lots of random lumps all over her Confused

And Kitty kat, you seem to have a rather negetive attitude in every thread. I know ive lost my bike entitlement, probably for atleast 6 months, but id like to be able to get my self around whilst im young!

Its not like im some cunt faced chav who rapes children, kicks kittens and pays your sister for anal, im a good person Razz
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T.C
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PostPosted: 20:05 - 01 Sep 2007    Post subject: Reply with quote

Groovearmada wrote:
They are? Ok then, revoked from points totting up!

And no, she has had a fair few side effects though, currently getting lots of random lumps all over her Confused

And Kitty kat, you seem to have a rather negetive attitude in every thread. I know ive lost my bike entitlement, probably for atleast 6 months, but id like to be able to get my self around whilst im young!

Its not like im some cunt faced chav who rapes children, kicks kittens and pays your sister for anal, im a good person Razz


You say that you are a provisional licence holder, but you need to drive your mother to the Hospital? And yet in your letter of mitigation you say you need to learn to drive so that you can get into sales?

That will not wash with the court. How has she got to Hospital so far? Have you driven her there in a car on a Provisional licence? Does your mother hold a full licence? Is she in a position as a supervisory driver to be able to affect control of the vehicle if it all goes wrong?

If not, then who has been driving her to the hospital in the past?

The magistarates have very strict guidelines in respect of what is considered hardship, and in your case you have shot yourself in the foot by contradicting yourself.

Quote:
These days most magistrates have the attitude, if you need your licence that badly then you shouldn't speed.


Absolutely, which fits in with my earlier comment Thumbs Up

Quote:
What would they rather do, ban me or disqualify me?


As already mentioned, they are both one and the same, and you lose entitlement to all classes, not just the class of vehicle on which you were stopped.

Quote:
Last time i got a 7 week ban,


That will work against you, particularly if they were in the more recent past.
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