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#Post#: 16193--------------------------------------------------
Speeding charge for 6 penalty points, what to do?
DIR By: Sajol
Date: February 24, 2024, 2:45 pm
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Hello everyone,
I live in Glasgow and got my full license just 6 months back. I
was speeding on a motorway 3 months back (supposedly 76 in a 50)
and police stopped me. They charged me with 3 points for the
speeding, they also found a small tear (which i Didn't know was
big enough) on the side of the tyre and charged with 3 more
penalty points. So that is 6 penalty points, as I am under 2
years, i would lose my license, i Didn't agree with the charge,
so they sent me to the court. They also told me if I go to
courst, the judge may give me a smaller point deduction. Now i
got the letter today saying of the charge and return it or
attend court. What to do? Should i plea guilty? In that case
would the judge see that I get lesser points deduction? Or
should I plea not guitly or find a solicitor? I think it was
unfair given I got my tyre checked 2 weeks before the incident
in a mechanic shop and they said it was fine,though i Don't have
anything written.
Thanks in advance.
#Post#: 16195--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: NewJudge
Date: February 24, 2024, 4:49 pm
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When two or more offences are committed on the same occasion,
points are only imposed for the most serious.
Since this has now gone to court you will be sentenced in
accordance with the normal sentencing guidelines. 76mph in a 50
limit will see you almost certainly with six points.
Which of the two charges did you not agree with that saw this
matter end up in court? Do you believe you were travelling at a
slower speed than 76mph?
#Post#: 16196--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: Sajol
Date: February 24, 2024, 5:04 pm
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I agreed that I had oversped, not that I knew my tyre was
faulty. I asked it to go to court to reconsider as 6 points
would take my license away, so for a plea if they can reconsider
about that.
#Post#: 16200--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: guest46
Date: February 25, 2024, 2:39 am
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It's possible - but very unlikely - that a sheriff will give
you less points, particularly given your inexperience. So 6
points and a sizeable fine for the speeding is most likely, plus
costs and the 'victim surcharge'. Afterwards DVLA will revoke
your licence (if 6 points) and you'll need to resit your test.
#Post#: 16202--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: 666
Date: February 25, 2024, 3:40 am
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AIUI the Scottish courts allow a 33% discount for a guilty plea
on both fine AND points. If true that would give the OP four.
#Post#: 16217--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: sparx
Date: February 25, 2024, 9:06 am
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--- Quote from: 666 link ---
>
> AIUI the Scottish courts allow a 33% discount for a guilty
plea on both fine AND points. If true that would give the OP
four.
>
--- End Quote ---
Wait, so if you speed, get caught at a speed that 3 points
applies for, take it to court, plead guilty, pay the extra fine,
you could end up with 2? ::)
#Post#: 16220--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: 666
Date: February 25, 2024, 9:40 am
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--- Quote from: sparxy link ---
>
> [quote author=666 link=topic=1388.msg16202#msg16202
date=1708854059]
> AIUI the Scottish courts allow a 33% discount for a guilty
plea on both fine AND points. If true that would give the OP
four.
>
--- End Quote ---
Wait, so if you speed, get caught at a speed that 3 points
applies for, take it to court, plead guilty, pay the extra fine,
you could end up with 2? ::)
[/quote]
No, three is the absolute minimum allowed in law.
#Post#: 16223--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: guest46
Date: February 25, 2024, 10:01 am
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--- Quote from: 666 link ---
>
> AIUI the Scottish courts allow a 33% discount for a guilty
plea on both fine AND points. If true that would give the OP
four.
>
--- End Quote ---
The opening post suggests it's already gone to court so no
guilty plea?
#Post#: 16225--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: NewJudge
Date: February 25, 2024, 10:13 am
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--- Quote from: M60NJP link ---
>
> The opening post suggests it's already gone to court so no
guilty plea?
>
--- End Quote ---
I imagine a plea has not yet been entered.
#Post#: 16231--------------------------------------------------
Re: Speeding charge for 6 penalty points, what to do?
DIR By: guest46
Date: February 25, 2024, 11:00 am
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--- Quote from: NewJudge link ---
>
> [quote author=M60NJP link=topic=1388.msg16223#msg16223
date=1708876880]
> The opening post suggests it's already gone to court so no
guilty plea?
>
--- End Quote ---
I imagine a plea has not yet been entered.
[/quote]
Maybe, maybe not? I read '... i Didn't agree with the charge, so
they sent me to the court. ' as disputing the charge and
therefore pleading NG?
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