43 replies to this topic

[Ryang556]

I would say so in my personal opinion. I have knows guys in my work (Transport related) to contest a speeding fine and they usually end up getting humped by the courts

What do you think the chances are to losing his licence then, practically 100%?

It all depends on the factors i.e Age, road/ weather conditions etc. At the end of the day he is sadly guilty so contesting it would only take up more of the courts time and usually this gets their backs up. If its his first time offensive then he should be ok. Pleading guilty will make the decision much easier for the court and also the court will see that he is aware of his offensive so hopefully this will be enough for him to obey the speed limits especially in roadwork. Lots of ganger's are killed each year while working on road surfacing etc so he will need to remember this when making his plea. Sadly ignorance is not tolerated by the courts so its best to man up and plead guilty as he definitely won't get off with it whatever he pleads.

Yeah it is his first time offence and it was dark etc etc, regardless like you said just best to plead guilty and take what happened like a man rather than getting on the courts nerves.

[Ethel]

It's a magistrate's court, despite all that innocent until proved stuff, they do tend to believe what the prosecution says unless you can prove otherwise. My instinct would be to plead guilty and concentrate on mitigation and sounding remorseful. Better if you can turn up in person & look worried, but you can grovel by letter too.

I don't think a ban is likely.

[puggered]

Thats what I would advise him Ryan. He will get points and a fine either way unfortunately. It will also be in his best interests to face the court in person rather than pleading guilty by letter.

[M J W J]

So you think contacting the court and explaining but not wasting their time is a better option?

Yes. A friend of mine did this before christmas on charges of drink driving. His fine was reduced and 6 months knocked of his ban. He was also given the option of a driver course (which will cost him £600) to get the ban down another 6 months.

[Ryang556]

I'm now so confused whether he should turn up to court or not haha

[Ethel]

It sounds like there's some confusion over process.

If this was a fixed penalty they'd have told you what it is (e.g. 3 points & £60) and given you a time limit to pay it.

It sounds like they are asking you to enter a plea so the case can be entered on the court list - if you state an intent to plead not guilty, they will allocate more trial time and there will be a delay while they fit you u put their case together. Either way, just admit or deny it - you can worry about having your say when you get the summons & court date.


It's generally better to turn up as it shows you think it's serious & have respect for the law (practise the forelock tugging ).

[Ryang556]

It sounds like there's some confusion over process.

If this was a fixed penalty they'd have told you what it is (e.g. 3 points & £60) and given you a time limit to pay it.

It sounds like they are asking you to enter a plea so the case can be entered on the court list - if you state an intent to plead not guilty, they will allocate more trial time and there will be a delay while they fit you u put their case together. Either way, just admit or deny it - you can worry about having your say when you get the summons & court date.

He's got a court date for the 29th of April, and they're asking him to either turn up or plead guilty.

[Ethel]

Simples then, if he's gonna take it on the chin send a letter, the court will still sit so you'll still have the option of turning up, but you'll be covered if you can't make it. Don't drive there - just in case!

Say you didn't see the signs so drove at what you thought was an appropriate speed (70mph), mention the road conditions.
Plead poverty, with some facts, and explain why you need to drive.
Grovel a little bit, show you understand the reason for the speed restriction and regret breaking it, even if you didn't mean to.

Don't worry overly about not attending in person - they gave you that option, but if you do go to court, ring first so they know & expect to be asked about your financial circumstances etc.

[Cerberus]

speedo's usually over read in my experience.

we have a ex police speed camera van which is used to promote "brake" the road safety campigns. the speedo in that van was correctly calibrated by a company, because it would look super stupid for a camera van to get caught speeding wouldnt it.

In my experience they always seem to under-read

Speedos should never under-read. If they are, its because something has been changed on the car, like wheel size/tyre size.

Most speedos will over-read so that manufacturers cannot be sued by people who've been done speeding because the speedo was wrong. That's what I've heard anyway. I also seem to remember reading something about manufactureres having a law about the speedos having to over-read, but not sure on that.

[DanFuke]

Personally I would be very careful with the court.
After all they will try to make you trip up.
Plus if your main defense is not seeing the signs they could add driving without due care and attention?

[Ethel]

A court can't convict you of anything you haven't been charged with beforehand. Sure they can consider anything you say in deciding how much you need "correction". It'd be perfectly reasonable to miss a speed sign if you were looking at something more important, like an overtaking car invading your safe stopping distance.

[SA MINI]

Here is a table that explains the fines associated with speeding. How long has your brother had his license? If he's only had it for less than 2 years he could be looking at possible disqualification if they decide on 6 points.

I'm not a lawyer so I can't recommend wether to go to court or not but if he does go you could try and argue you case as not intentional law breaking.

If you have had your liscence less than 2 years 6 points will disqualify your liscence. However if you need to drive for your living you can apeal against it & get them reduced. This only works once though.

[Dan]

In my experience they always seem to under-read

As said above, it's illegal for a speedo to under-read but they may over-read up to a certain percentage. Speedos will never under read from the manufacturer.

[onefastmoke]

definately see them in person at court, it brings a more human side to it, I got caught speeding on a quiet straight stretch of road on a sunday afternoon a few years back. I was doing 61 mph. the road was a 50mph limit until the day before where it was reduced to 30mph, so even though I was consciously speeding it was worse than I first thought, anyway got the option of going to court or pleading quilty by post so attended. the duty solicitor was great at doing all the talking for me when I was in there as its a very intimidating place if you've not been before. she argued that should I recieve a ban then my work & homelife would suffer and I was truly sorry for my actions and the end result was 5 points and a £300 fine which was a fantastic relief. I can honestly say that I have never sped in a 30 limit again