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numark1
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PostPosted: 17:59 - 02 Dec 2008    Post subject: Court Hearing Reply with quote

I have been a bit of a silly boy and got picked up by the police (Scotland btw) last week. I have a court hearing on the 22nd December.

I will be at home in London but am going to travel up for the 22nd. As I have already been caught/pleaded guilty I'm not sure how all this works. Do I have to attend the hearing on the 22nd or not? Is there where I will get my punishment?

Any advice would be greatly appreciated, thanks.
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Darth
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PostPosted: 19:16 - 02 Dec 2008    Post subject: Re: Court Hearing Reply with quote

markcatate wrote:
I have been a bit of a silly boy and got picked up by the police (Scotland btw) last week. I have a court hearing on the 22nd December.

I will be at home in London but am going to travel up for the 22nd. As I have already been caught/pleaded guilty I'm not sure how all this works. Do I have to attend the hearing on the 22nd or not? Is there where I will get my punishment?

Any advice would be greatly appreciated, thanks.


Pretty sure you dont have to attend if you have been charged at the roadside although showing up in a suit and tie looking suitably apologetic may help reduce the sentence slightly. I didnt show for mine when i was caught doing 101 in a metro and got a hellish big fine.

If you dont attend then you can call the court at the end of the day to find out what you got.
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numark1
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PostPosted: 20:33 - 02 Dec 2008    Post subject: Reply with quote

So that is when I find out what the punishment will be? If so I will deffo go down there, need to grovel as much as possible. Very Happy
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rotax81
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PostPosted: 20:40 - 02 Dec 2008    Post subject: Reply with quote

if you didnt have to attend then it should say so Thumbs Up

what was the crime? because pedo's definately have to attend lol
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numark1
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PostPosted: 20:45 - 02 Dec 2008    Post subject: Reply with quote

Cut a long story short Drink Driving & No Insurance.
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NSR Mick
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PostPosted: 21:06 - 02 Dec 2008    Post subject: Reply with quote

You will have to attend then. they can only ban you if you are there and they will do.
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JonB
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PostPosted: 21:07 - 02 Dec 2008    Post subject: Reply with quote

Unlucky kentucky. Laughing
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Robby
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PostPosted: 00:57 - 03 Dec 2008    Post subject: Reply with quote

As the defendant, can you get it moved to a local court?
Or does this not apply for getting a Scottish case moved to an English court?

Damn twin legal systems.
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Mr.Everready
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PostPosted: 14:07 - 03 Dec 2008    Post subject: Reply with quote

My local sherriff court puts out 2 years bans for drink driving, hope the push bike is polished up.
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numark1
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PostPosted: 14:55 - 03 Dec 2008    Post subject: Reply with quote

To clear things up I have never drunk driven before. My flatmates girlfriend was drunk and wanted to move her car because the street where it was parked had been broken into before.

I said i would move it to our underground car park as she was pissed. I got in went to move it (about 200m max) and a van pulls up in front of the car.

I straight up told him what i was doing etc that i had a drink earlier and no insurance. Blew just over the legal limit and was fucking gutted.

Yeh it's really stupid and whatever, I am going to take the consequences and never get near a car with a touch of alcohol in my system again. I had never done anything like it before and just thought I was doing her a favour as she was bladdered and I thought I was alright.
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numark1
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PostPosted: 14:56 - 03 Dec 2008    Post subject: Reply with quote

I spoke to a solicitor who says she could get me off the charges on mitigating circumstances (not sure what that really means to be honest) but it is too expensive and I deserve the punishment. Karma
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Kickstart
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PostPosted: 15:02 - 03 Dec 2008    Post subject: Reply with quote

markcatate wrote:
but it is too expensive and I deserve the punishment. Karma


Not commenting on whether you deserve it, but expense wise when you add up the next decades worth of higher insurance premiums then in comparison it might well not be that expensive to defend yourself (although not a clue what chance you have of getting off with it).

All the best

Keith
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numark1
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PostPosted: 15:38 - 03 Dec 2008    Post subject: Reply with quote

As far as I'm concerned I fucked up and I will be responsible for any consequences. I do not want to try and wriggle out of it - I was caught fair and square!
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fredsredhat
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PostPosted: 22:24 - 03 Dec 2008    Post subject: Reply with quote

the moral high ground doesn't pay for the next few yrs on a bus and the next 10 yrs silly high insurance....... you made a simple error of judgment, no harm was intended, you thought you were doing good. you didn't try to race round after 10 pints of stella. I'd go with the high price solicitors, wear a suit & tie and grovel like fuck. Thumbs Up good luck.
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Mr.Everready
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PostPosted: 09:10 - 04 Dec 2008    Post subject: Reply with quote

markcatate wrote:
I spoke to a solicitor who says she could get me off the charges on mitigating circumstances (not sure what that really means to be honest) but it is too expensive and I deserve the punishment. Karma


Can't see you getting off with it, I've seen people banned for just sitting in their car while over the limit.
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UnknownStuntm...
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PostPosted: 12:46 - 04 Dec 2008    Post subject: Reply with quote

I know all police are different, but let me tell you a short story.

A couple of years back I lived in a quiet cul de sac and there was a polish or otherwise eastern European couple opposite, with a small baby. Very quiet, never said hello and so on, I just left them to it. Anyhoo, Christmas eve (well, Christmas day I s'pose) about 12.30am, I was just going to bed and I heard repeated bangs outside. Looked out and Polish gibbon was kicking in his own front door.

He'd had quite a few and was stumbling about a bit. Yelling and shouting abuse through the letterbox and then picked up a large plantpot or urn, ready to chuck through the window. At this point I got the missus to go get the phone and she called the 5-0. Handed me the phone and while I was trying to tell them what was going on the dickhead stumbled over to his car and got in. He sat there for about a minute then drove off, flat out, no lights, all over the road and the pavement.

So I concluded my call with the police, telling them direction and estimated speed and hoped they'd deal with it.

About 3 months later I got a call from a girl I used to work with, who is now a copper. She tells me she got him that night and it's going to court and could she come round and take a statement. So round she comes.

Now, I retell my story and she tells me what happened when she picked him up. He drove past her (about 2 miles away from my house) and parked the car. She says that he told her he was just parking the car in a side road, so it wasn't on double yellows. Then (still awake?) the says that if you're only driving the car a short distance and parking it round a corner *is* a short distance, the court tend to not see it as drink driving. And that Polish twat knew this and tried to play the game. So the conviction rested upon the evidence that he was seen more than this 'short distance' away.

I think you should give it some thought and speak to a proper brief. You say you were a silly boy and you were, no denying it - but like I've said, the court may well be lenient on you. Good luck though. Thumbs Up
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tutton
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PostPosted: 21:58 - 04 Dec 2008    Post subject: Reply with quote

I hope thats not the cul de sac my house is situated close to,
used to have the polish house straight ahead, maybe it is, maybe thats where you lived Laughing
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ms51ves3
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PostPosted: 09:58 - 05 Dec 2008    Post subject: Reply with quote

tutton wrote:
I hope thats not the cul de sac my house is situated close to,
used to have the polish house straight ahead, maybe it is, maybe thats where you lived Laughing


Polish people are everywhere though. Like God.
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S13JYM
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PostPosted: 17:17 - 10 Dec 2008    Post subject: scottish courts Reply with quote

your a unlucky guy scottish police caught some 1 that will be a first when you need them up here you never get the scum they cant get drug dealers -rapist-murderers- oh there a guy moving a car dun fucking ass holes
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Phoenix
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PostPosted: 05:58 - 12 Dec 2008    Post subject: Reply with quote

I don't personally see how you will get out of the charge of drink driving in one way or another, I've never heard of an exemption for someone just moving a car round the corner, sounds like twoddle. You may be able to reduce the penalty/fine by using that as a defence but it won't get you off.

The offence is either drink driving or being in charge of a vehicle while under the influence, that includes sitting in it with the keys on you or in the ignition so you've done both, you'll get charged for one or the other depending on what they deem appropriate I suppose, but both are criminal offences rather than just traffic ones so screw you over nicely.
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strag
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PostPosted: 19:06 - 12 Dec 2008    Post subject: Reply with quote

If you blew over the limit, you WILL be charged/convicted of excess alcohol. Moving a car a short distance has no bearing whatsoever on it (unknownstuntman, your copper mate was talking bollocks), the distance may result in a lower fine, but you will still get banned if convicted; Guidelines are 1 year ban minimum, if you were just over the limit thats what you will get.

You will have to attend Court as well.
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UnknownStuntm...
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PostPosted: 20:19 - 13 Dec 2008    Post subject: Reply with quote

Hey listen, I'm not saying it's not illegal. What I'm pointing out is that there is a clear difference between parking a car while over the limit and driving flat out on the wrong side of the road across town. And that if you can get the beak to see the difference there may be a more lenient sentence. It's obvious, surely?

And whether or not she was talking bollocks is irrelevant. She is a copper and she has far more experience than I do about the subject.

Good luck though fella Thumbs Up
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strag
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PostPosted: 13:54 - 14 Dec 2008    Post subject: Reply with quote

As I said, it may affect the amount of the fine, or in your example of driving flat out on the wrong side of the road (likely there would be other charges i.e. dangerous driving if that was the case), whether or not custody is an option. No matter how far a vehicle is driven, 2 feet or 2 miles, it will still result in a ban. It is seen as drink driving, thats the point where your mate was hugely mistaken, copper or not (not bashing your mate here, just saying it as it is btw).

Courts have no option but to impose a minimum 12 month ban for excess alcohol.

The amount of alcohol in the body will also affect the length of ban and sentence, for example 112/100 in breath is the custody entry point.
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UnknownStuntm...
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PostPosted: 14:40 - 14 Dec 2008    Post subject: Reply with quote

strag wrote:
Courts have no option but to impose a minimum 12 month ban for excess alcohol.

Really? On the one hand I getcha: https://www.drivingban.co.uk/drivingban/avoiddrivingban.htm

But then...

https://www.gazette-news.co.uk/news/3702801.Colchester__Man_drunk_in_Land_Rover_escapes_driving_ban/
https://news.scotsman.com/scotland/Drinkdrive-ban-quashed-for-woman.2506466.jp
https://archive.thisisdorset.net/2001/9/8/96624.html
https://www.chad.co.uk/news/Stags-chairman-escapes-ban-over.3605931.jp
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strag
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PostPosted: 15:16 - 14 Dec 2008    Post subject: Reply with quote

They are all 'exceptional' cases though. The first is drunk in charge (different offence to drink drive), the second is at a Justiciary Appeal Court, and the last two are spiked drinks cases. Look at the second paragraph in this link and is says exactly what I did.

You might escape a ban for totting up if the Court accept mitigation, not for DD though.
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