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#Post#: 37347--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: Southpaw82
Date: September 18, 2024, 8:45 am
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FWIW, you won’t have a criminal record, as it’s not a recordable
offence. You will have been convicted of a crime though (which
for many practical purposes is no different to accepting a fixed
penalty).
#Post#: 37359--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: NewJudge
Date: September 18, 2024, 9:22 am
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--- Quote ---
> "Pleaded guilty with a mitigation statement but told that
it's not suitable for an SJP"
--- End Quote ---
What did you actually say in mitigation? If the court gained the
impression that your mitigation formed the basis of a defence to
the charge, your guilty plea would not be accepted. The SJP only
deals with straightforward guilty pleas so the reason why you
have been asked to attend court may be to clarify your position.
--- Quote ---
> So fine, can't I now plead not guilty and fight it out in
court?
>
--- End Quote ---
Yes you can. But you said you wanted to get a legal opinion.
Before you spend money on a solicitor there are people on here
who are qualified lawyers and others who, whilst not legally
qualified, have a fair idea of the law and the court process. If
you tell us what actually happened, what you've been charged
with, what the police have based their charge on (you should
have the evidence they intend to use to convict you) and in
particular what you said in your "mitigation", you may get some
free advice which might indicate whether it is worthwhile
"fighting it out in court".
--- Quote ---
> There's no law against driving slowly
>
--- End Quote ---
Indeed there isn't. But similarly there is no law against
driving on the wrong side of the road.
What you have probably been charged with is either Careless" or
"Inconsiderate" driving.
#Post#: 37362--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: The Rookie
Date: September 18, 2024, 9:27 am
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--- Quote from: MJ007 link ---
>
> There's no law against driving slowly
>
--- End Quote ---
Well there is (obvious if you read the HC -
HTML https://www.gov.uk/government/publications/know-your-traffic-signs/speed-limit-signs),<br
/>but it wouldn't apply here, but like many things are not
against
a specific law, they fall under the blanket of driving without
due care and attention or without reasonable consideration for
other road users contrary to section 3 of the Road Traffic Act
1988.
HTML https://www.legislation.gov.uk/ukpga/1988/52/section/3
For example there is no law against overtaking straight into
another car, but it is almost certainly careless or dangerous
driving.
#Post#: 37363--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: 666
Date: September 18, 2024, 9:28 am
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--- Quote from: MJ007 link ---
>
>
>
> There's no law against driving slowly
>
> Darren
>
--- End Quote ---
The law You have been accused of breaking - section 3 of the
Road Traffic Act 1988 - makes careless or inconsiderate driving
an offence.
Careless is defined as driving which is below the standard to be
expected of a careful and competent driver. Inconsiderate is
self-explanatory.
Before risking a not guilty plea, you should consider carefully
whether your driving on that occasion met that test
#Post#: 37431--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 18, 2024, 2:13 pm
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> FWIW, you won’t have a criminal record, as it’s not a
recordable offence. You will have been convicted of a crime
though (which for many practical purposes is no different to
accepting a fixed penalty).
>
--- End Quote ---
Thanks, South Paw
and everyone else who took the time out to advise me, much
appreciated
My primary concern is about a criminal record, my employer will
certainly raise it, if it shows up on an enhanced DBS check.
If it doesn't show up do I still have to declare it?
D
#Post#: 37434--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: Southpaw82
Date: September 18, 2024, 2:57 pm
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Depends what you’re asked and who asks you.
#Post#: 37463--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 18, 2024, 6:11 pm
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Not Leamington based but with an excellent reputation for
no-nonsense help and sensible prices is Bobby Bell of BB law.
HTML https://www.bb-law.co.uk/
[/quote]
It is unusual for a driver to be prosecuted on the basis they
were driving too slowly. I can understand why the police
officer thought you had committed an offence of careless driving
but it MIGHT be possible to persuade the prosecution to drop the
case on the basis it is not in the public interest to continue
with the prosecution.
My fee to deal with the case would be £2595, which assumes a
maximum of 1 x court attendance.
---Ouch ..if 2595 is sensible, then what do the others
charge???
#Post#: 37491--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: BertB
Date: September 19, 2024, 6:19 am
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It depends on whether you want that offered court attendance or
not. Advice only to help you in your approach to defend this
yourself would be cheaper.
#Post#: 37492--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: BertB
Date: September 19, 2024, 6:26 am
---------------------------------------------------------
--- Quote from: MJ007 link ---
> My primary concern is about a criminal record, my employer
will certainly raise it, if it shows up on an enhanced DBS
check.
> If it doesn't show up do I still have to declare it?
--- End Quote ---
I have never had a speeding conviction show up on an enhanced
DBS check, nor on a BPSS. I also never declared them but some
people I have worked with have, usually to be told it isn't a
concern. It is a question of whether it's seen as 'withholding
information'. Personally I asked first and got told not to
bother unless it was an imprisonable offence.
#Post#: 37500--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 19, 2024, 6:42 am
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So, what if I turn up in court and please no guilty
Charge- Was driving slowly 40-45 mph on the M69
Reason being: Request the prosecution to drop the case, as it's
not in the public interest
How will the judge react?
Yes, agree with me and throw the case out ( and I buy a winning
lotto)
or
Laughs at me and sentences me to a hefty fine or points or ban?
or
Says fine, let's have a date in the future, to argue why it's
not in public interest?
Can I fight the case myself in court? Learn some law , I got an
excellent memory and topped my batch of 92
D
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