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DIR Return to: Speeding and other criminal offences
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#Post#: 28941--------------------------------------------------
First speeding offence - it's a big one. Advice appreciated
DIR By: Mr_Ninch
Date: July 7, 2024, 10:49 am
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Hi all,
I have recently received my first speeding ticket in my 15
something years of driving. Unfortunately it was a big one and I
can't for the life of me understand how I was so stupid. I'm not
contesting the fact that I was speeding, but I do feel foolish
and ashamed of it. I am accepting of my guilt but I would like
to ask some advice on the 'Notice of Intended Prosecution'
before I respond.
The offence was a 89mph in a 50, I was under the impression that
it was a 60/National but it doesn't nagate the fact I was still
way over the limit.
The two options are:
1 - I was the driver and wish to be considered for the Fixed
Penalty Notice procedure (£100 + 3pts)
2 - I was the driver and would like the matter to be dealt with
by way of court hearing.
Google research tells me that the particulars of my offence
carry a much bigger penalty than those suggested in option 1.
Given the offence, I would be keen to accept a punishment of
3pts + fine over anything more sinister, but I am worried about
the ambiguity of that option, particularly the "I wish to be
considered..."
If I was to take that option and the FPN came back at something
vastly different, would I still be able to appeal or would I
have thrown that right away?
I would rather not have to go down the lawyer route if I can
avoid it. Any advice for this novice speeder would be
appreciated.
Again, I am accepting responsibility and am not trying to skirt
the law... I just want to know where I stand.
Many thanks
#Post#: 28942--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: AntonyMMM
Date: July 7, 2024, 11:01 am
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It won't be a fixed penalty ...too fast for that.
It will be referred to the court process - they will consider a
short disqualification (7-56 days) OR 6 points.
Usual advice is not to try and justify or make excuses for that
sort of speed - a simple apology and "lesson learnt" is the best
way to go.
#Post#: 28947--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: 666
Date: July 7, 2024, 11:29 am
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With option 1, your wishes will be "considered". When they stop
laughing, they'll refer you to court. Sorry.
#Post#: 28949--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: Mr_Ninch
Date: July 7, 2024, 11:38 am
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Thanks, yeah I figured that ambiguity would catch me out. Is it
even worth taking that option or should I just go straight to
option 2?
Couple of more questions:
Would I get an option in punishments? I.e. points or a ban? I
could potentially handle a 7-14 day ban quite easily. On that
note, is there any preference from a future insurance point of
view?
Any idea roughly how long the whole court-hearing process takes?
Many thanks
#Post#: 28951--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: Southpaw82
Date: July 7, 2024, 11:46 am
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Courts passing sentence don’t generally give the offender
options, no (except whether they accept community service over
prison - not a matter for you).
#Post#: 28955--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: 666
Date: July 7, 2024, 12:19 pm
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--- Quote from: Mr_Ninch link ---
>
>
> Any idea roughly how long the whole court-hearing process
takes?
>
> Many thanks
>
--- End Quote ---
The police have six months from the date of the offence to start
proceedings, and they usually take all of that.
Shortly after that you will receive a Single Justice Procedure
Notice, and have 21 days to respond. Assuming you want to plead
guilty, you can either opt for a court hearing, or be dealt with
by a Single Justice. If the latter, he will, soon after, either
(1) pass sentence or (2) if, as seems likely, he thinks a ban
should be considered, he will refer it for a full court hearing.
#Post#: 28956--------------------------------------------------
Re: First speeding offence - it's a big one. Advice appreciated
DIR By: NewJudge
Date: July 7, 2024, 12:26 pm
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Tick option 1.
As above, a FP is out of the question and you will be
prosecuted. The next you will hear will be a "Single Justice
Procedure Notice." The police have six months (from the date of
the offence) to issue this and in many areas they take all of
that time.
The notice will give you three options:
1. Plead guilty and do not attend court
2. Plead guilty and attend court.
3. Plead not guilty.
Tick option 1.
This means your case will first be heard by a "Single Justice"
(a magistrate sitting in an office with a Legal Advisor dealing
with cases "on papers" only). The SJ will almost certainly
decide a ban should be considered and your case will be
adjourned to a hearing in the normal magistrates' court, which
you will be asked to attend.
When you get there you will have a chance to persuade the court
to impose six points rather than a ban (though, as above, the
choice is ultimately not yours). The point of opting for option
1 is to give you two bites of the cherry. The SJ may decide six
points is appropriate and if so you will be informed of that
decision by post and will not have to attend court. I think this
is unlikely, though there is a reasonable chance of six points
being handed down by the normal court, especially bearing in
mind you have a clean record.
You will also pay a fine of a week's net income, a surcharge of
40% of that fine and prosecution costs of around £90.
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