letter from courts regarding offence.

[steveh]

As some of you may know, i got stopped for speeding (84-60, on my own at night) fixed penalty of 3 points, opted to take it to court.

i pleaded guilty by letter, sucked up abit and hope for the best.

i got a letter, it reads.

Dear mr sewell.

New date, time and place.
11th feb blah blah.

Reasons cases have been put off.

Because the court is considering whether to disqualify you from driving because of the nature and seriosness of your offences. If you do not come to the next court hearint the court will either hear the case and disqualify you from driving, or issue a warrant for your arrest to make you attend. If the court disqualifys you, the disqualification will start AT ONCE wether or not you are present or receive notice by post.


could anyone shed a light on this, is it a good thing, is it a chance for me to present my case? Im a mechanic for a reputible garage, and test ride 5+ bikes each day.
what are the most likely options, i have a FULL licence with 3 points.

any pointers on what to do/say/get from boss/solicitors.
____________________
Current : 06 Zx10r, 07 Wr450f SM, 74 850 norton commando, 63 bsa b40, 1962 Triton 650, 67 Triumph Tr6r, 1955 Triton 750, 1978 TY250E.

[Eddie Hitler]

You broke the law, no excuses.

[steveh]

i know, not disputing that, but id just like to see what other people think, maybe similar things happend to others ect.
Or even some one with legal know how.

steve.
____________________
Current : 06 Zx10r, 07 Wr450f SM, 74 850 norton commando, 63 bsa b40, 1962 Triton 650, 67 Triumph Tr6r, 1955 Triton 750, 1978 TY250E.

[kitty kat]

[thegubner]

I got the same shit once, didnt go and ended up with a 350 quid fine, nothing else.
I expected a ban, cheers plod, and your lordship.

[Eddie Hitler]

[steveh]

[Walloper]

Take a copy of this post and ask the judge to read it.

Dear M'Lud, I am a twat.
The system gave me the option to pay up and take it on the chin like a man but I decided to waste some of your's and the court's time by fucking about in here for a day.

I need my licence to carryout work my employer gives me.
Can I please now pay a bigger fine, take the points and be done with it?

I have not instructed a lawyer to act on my behalf on this important matter either (as you already know I am a twat).
But I did ask some folk I don't even know on T' Internet.
I know you may take a dim view on all of this think, I don't care and ban me in an effort to teach me a lesson.

Your sincerely,

steveh (off of bcf)

Or you could ask to speak to a solicitor. It is their game.
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[steveh]

[Ichy]

[Walloper]

[St0rmer66]

Well I'm sure the points count from the date of the offence anyway, so dragging it out will achieve absolutely nothing, you will still have 6 points within your first 2 years (I assume that's why you're worried) regardless of whether the 2 years is up now or not.
____________________
:: Honda XR 125 L ('53) => Kawasaki GPZ 500S ('02) => Suzuki SV650S ('00) => Aprilia RSV-R ('51) ::

[Kickstart]

[Tango675]

Get your boss to write a letter to the court saying that you need your licence in order to work, and that if you loose your licence you will be unable to work and will loose your job.

If you are lucky the Judge will see that its better to have you working than on the dole and give you points and a big fine.

Judges like the punishment to fit the crime. Its a cruel judge who thinks 84 in a sixty is enough to wreck your life.
____________________
Somebody give that windup merchant a torque wrench..

[stinkwheel]

You entered a guilty plea by letter THEN received that letter?

Sounds like they didn't get your letter.

One thing NOT to do is nothing because it sounds to me like you already missed a hearing. If they didn't get your letter and you miss another one, you will almost certainly be arrested.

I'd suggest you call the clerk of the courts office to clarify the situation, then get some PROPER legal advice before deciding what to do next.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[kitty kat]

[Cigaro]

Best you can hope for is that they give you three points but choose not to revoke your license. However, one more point and you'll lose it for sure.

[Kickstart]

[Phoenix]

You've stuffed up on a few points.

Firstly you contested a 3 point fixed penalty for getting caught at 24mph over a 60mph limit, you would never have got off lighter than that, a lot of cops would've given you 6points. Now by taking it to court you were pretty much gauranteed to get shafted.

Secondly on the advice of this solicitor who is obviously a moron, you were told to drag it out so you were no longer in your 2 year probation. Well as Keith said, the law has it both ways, the penalty will apply at the date of the offence, therefore you would be punished as if you were still in your 2year period no matter when it went to court, however any ban or points would start from the date you went to court, meaning points/ban on your licence for longer.

And finally, you pleaded guilty on the initial court summons, yet they are saying you didn't appear in court. Now I believe that if you specify on the summons you won't be attending the judgment is made in your absence. Therfore you either forgot to send the summons off by the sounds of it, or it didn't get there. Go to the next hearing and you won't get banned if you're lucky.

[Syx]

Even if you need your licence for your job, unless OTHER PEOPLE depend on your income then they won't give a damn.
When I attended court for my speeding offence this was made clear to me by the magistrate - the offence was committed by you and so if the punishment affects you in other ways (such as loss of job etc etc) then tough!
As others have said, make sure you attend the hearing. I'd stick on a suit and make yourself appear as sorry as possible for wasting time and hopefully they'll go easy on you.

Best of luck.

[damz]

dont want to hijack this thread but ive got two years on my car licence and less than two for my bike, how many points can i get? and does it matter what im using when i get the points?

[southlondoner]

you only go through the probation period once. so you now have a total of 12 points avaliable.

and it doesn't matter what you're driving when (if!!) you get points.
____________________
-southlondoner-
2002 Honda CG125

[Walloper]

I think it's too late and the poor chap has been incarcerated.

Or he is in the cream puff..
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

[steveh]

previose to this letter, i got a letter saying they were going to hear the case on the 28th january, after i pleaded guilty by letter, so they got my guilt plea.
But now there looking at it at a different date.

my parents do depend on my money comig into the house, im not sure this will count mind.

i shall try see a solicitor, and try get a letter from my boss.
Thanks for the help, oh and walloper, i see were ur coming from, im just pissed off at the moment

i was always told offences start from the date of conviction, because if i had 3 points put on my licence when i was in the 2 year period, it would of took a while for it to all be processed, and id still be riding round waiting for the letter coming back, thus making me ride illegaly.

im sure ull all agree that that speed on a HUGE bypass at that time isnt that wreckless, so im not a totaly retarded speed junkie.


wish me luck
____________________
Current : 06 Zx10r, 07 Wr450f SM, 74 850 norton commando, 63 bsa b40, 1962 Triton 650, 67 Triumph Tr6r, 1955 Triton 750, 1978 TY250E.

[Walloper]

I know the points count from the date of the offence. But appear on your licence from date of conviction (date of the offense noted).
You probably cannot assume you are banned until the court hear the case and advise DVLA to add any new points.
You may plead guilty and a judge may be soft enough to not add maximum points so you would have to rely on the final decision on any case.
I don't know what the permutations of the two year new driver deal mean. Police/lawyer would be happy to explain though I am sure.

24mph over in a 60mph limit is way over what would be considered acceptable by any court. (it is almost 50% of the limit )
The limit is set using police and road experts advice. Normally for reasons easily understood if you know the local.
A lot of 'non local' folk get done thinking it was a dual carriageway and no traffic so it won't be a problem to 'toe it'.
They do not know that the area may be an accident 'Black Spot' and over speeding has been cited as an important factor in fatal accidents in the area.
Limits are not 'Normally' set because the signs look pretty.

Go see a brief. Ask their advice. Be polite to the beak.
Rule No. 1) Legal folk do not really give a fl*ing fuck for normal folk.
Rule No. 2) They care for only money.
____________________
W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair