Court Advice.

R1stu · Shrek! Joined: 12 Mar 2003 Karma :

Before I start, im not asking or expecting sympathy and if you wanna flame then fine.

I was caught speeding today on the motorway/DCW and Have been summond to court.

It was my own fault I forgot to deliver a PC yesterday so had to fit it in today so was in a rush to complete 5 jobs over 200miles.

Basicly I was pulled over and clocked on vascar at 100.3mph in my company car.

Of course this was silly and I have no excuses and of course there is the possiblity of being banned.

If I am banned I will of course lose my job and poss my house.

SO what should I say in court and do? Ive not had to goto court before for anything like this.

I have a clean licence at present The car did not have a camera and only saw a readout on an lcd panel. so what evidence do they require?

Thanks.
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Barry_M2 · World Chat Champion Joined: 09 Sep 2004 Karma :

You get your lawyer to tell the court that up until now your driving record has been exempt, explain that you were in a rush to get a number of jobs completed in a short period of time and plead 'undue hardship' in that you will lose your job if you lose you lisence.

And in todays financial climate a job is like gold dust!

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map · Mr Calendar Joined: 14 Jun 2004 Karma :

What was said above.

Plus if you can get your solicitor/barrister to get your boss/customers as a character witness helps.

One of our asshole sales people was up for being banned and the MD with whom he kissed ass a lot turned up as witness and he kept his licence.

That said, the justice system is fickle. Those who don't deserve it get shafted and scum get to continue been assholes. Not that I'm bitter and twisted you understand Wink

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Shaun · Likes 'em bent Joined: 17 May 2003 Karma :

I had a solicitor for my court case when I was chased at over 100mph for 5 miles.

It's amazing what a solicitor fighting your corner can do for you, they won't get you off but usually they can get you off lightly or negotiate a higher fine to keep your license.

Ant · World Chat Champion Joined: 24 Feb 2003 Karma :

I had to go to court for doing 70 in a 40, i had a letter wrote from work stating that without a licence i'd loose my job, add the fact of a morgage, i got 6 points and a £235 fine.

Lets also be fair 100mph on the motorway isn't exactly taking the piss is it? I'd be very surprised if they banned you!

Good Luck

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R1stu · Shrek! Joined: 12 Mar 2003 Karma :

tutton · World Chat Champion Joined: 04 Jan 2008 Karma :

As has been said make sure your soilicitor etc brings up the issues with loosing the license, when this happened to my brother he got a letter from his boss sent recorded to the court so he couldnt edit it Laughing

Helped he got max points to still keep the license and a fine.

or as you ride a R1 you could say you were late to get your hair done Laughing

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R1stu · Shrek! Joined: 12 Mar 2003 Karma :

OK, I have now recieved the summons for this "Thing" on June the 8th at 12noon. In Basingstoke.

Oh well! Crying or Very sad

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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

The thing that gets played around here alot is that you NEED your licence to work , without it you are destitute, a taxi driver in cornwall claimed this and had 46 points on his licence.

As said solicitor get you a much bigger fine maybe 9~12 points or a very short ban to prevent you from being destitute.
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strag · World Chat Champion Joined: 08 Oct 2004 Karma :

Do not tell them you were in a rush or try to use that as an excuse, Courts do not want excuses. You are better off going down the route of offering no mitigation for what you recognise as a serious error in judgement for which you apologise sincerely. Let them know that you are aware of the dangers of excess speed to other road users/members of the public and that you have cost the time of the Court and public resources.

Make sure you highlight that you have no previous motoring convictions (they will know this anyway) and that you do need your licence to work. They are not interested in the hardship in will cause you if you lose your licence but to others that are dependant on you.

Keep eye contact with the bench and talk directly at them.

You may or may not be sincere but at least appear that you are!

Solicitor is best if you can get one.

Good job you don't have to explain that you know the car only does 112 mph max anyway Wink

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Scotsman37 · World Chat Champion Joined: 17 Aug 2004 Karma :

No excuses, admit you were stupidly at fault and you will not do it again, because you totally depend on your motorcycle to get to work and cannot afford to be without it to earn a wage and to pay your bills, if you lost your job due to PUBLIC transport is not really an option open to you due to their timetable of operating hours!

Barry_M2 · World Chat Champion Joined: 09 Sep 2004 Karma :

TheDonUK · World Chat Champion Joined: 20 Feb 2006 Karma :

As they has been said play on the importance of keeping your licence.

I was recently sent to court for 68 in a 40 (D/C), but because i am classed as a student and i had a previous 3 points they disqualified me for 30 days £180 in fines, but no points.

I think you are looking at 6 points if you plead guilty, at least, i think the guidelines are a ban at 30mph over the speed limit.

Also remember that they have 6 months from the day i think to send you a summons, (mine came in 5 months 3 weeks from the date, barstewards)
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TheFoxyDuke · Nitrous Nuisance Joined: 11 Mar 2009 Karma :

I would suggest get a Barrister instead of a solicitor.

A mate of mine got stopped by plod sitting in his car absolutely shitfaced - he'd only stopped driving to have a ciggie and was gonna continue on his way, but had switched the engine off. Plod noticed that the tyres were warm and concluded he'd been driving.

The barrister argued that he'd only had the engine on to use the car heater, and that he hadn't driven anywhere. When plod mentioned the warm tyres the barrister asked if he was familiar with the thermal conductive properties of the cars engine being on and could this have resaonably warmed the tyres. Plod had to say he believed so.

Mate got off scot free as he'd been arrested for drink driving, not the lesser charge of being in control, and now they couldn't prove he'd actually done so.
Wink

Cost a little bit mind Rolling Eyes

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reu · Trackday Trickster Joined: 04 Jul 2008 Karma :

i was watching the intercepters the other day and they said doing upto 98 mph on the motorway you would only recieve 3 points on your license and a 60 pound fine so im guessing you will probally getting 6 points on your license and a fine unlucky fella
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chrisjacks · Nova Slayer Joined: 01 Aug 2008 Karma :

i thought over a ton was an instant ban or something?

either ways you need to make sure they udnerstand if you are banned people dependent on you will struggle as you work mutliple jobs to support these people which reply on your licence to drive.

either way good luck with all this Thumbs Up

R1stu · Shrek! Joined: 12 Mar 2003 Karma :

Case was ajurned till 29th June now.

Got there 1030 for 12pm and was only told at 4pm that they prob wouldnt get to see me that day!

Oh well, at least another cpl weeks I can drive.
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Current bike 1991 Honda ST1100 Pan European, 1986 Honda cb350sg (Finished)