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#Post#: 37578--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 19, 2024, 4:36 pm
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Sorry, been a long day, just got back home or to my room
My case
Basically drove back from a similar late night shift, it was
winter, dark and raining. So remained in left lane only,
averaging around 40--45 I think
Followed by cops who pulled me over and gave me an earful on how
lorries were put in peril because of my low speed. Then got this
fixed penalty or course option, paid up but forgot to send the
license
The sent a reminder, again misplaced and then the SJP
In the SJp I pleaded that they be lenient with me and explained
the driving conditions
Then got this court summons
Nothing exciting
D
#Post#: 37598--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: NewJudge
Date: September 20, 2024, 2:44 am
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The issue here is we do not know why you have been asked to
attend court.
It could be for sentencing as they may be considering
disqualification (the court will no disqualify you in your
absence without first giving you an opportunity to attend). It
could be because your guilty plea was not accepted because your
mitigation indicated you were advancing a possible defence to
the charge. It could be for something else. The reason you have
been asked to court is important. We don't know what it is.
This is of concern:
--- Quote ---
> In the SJp I pleaded that they be lenient with me and
explained the driving conditions
--- End Quote ---
--- Quote ---
> I pleaded guilty to the SJP, precisely to avoid wasting time.
--- End Quote ---
You should not plead guilty for the sake of expediency. If you
believe you are not guilty (and you've given an indication
within this thread that you believe you are) you should plead
not guilty. So, one last time then I'm out: forget the rapists
and murderers; what did you say (exactly, word for word) in your
mitigation and how did the court respond (exactly, preferably
post up their letter)?
If you consult a solicitor they will want to know these things
so if you want advice on here the same applies.
#Post#: 37616--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: nigelbb
Date: September 20, 2024, 7:47 am
---------------------------------------------------------
--- Quote from: BertB link ---
>
> [quote author=MJ007 link=topic=3160.msg37431#msg37431
date=1726686784]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.
[/quote]
Do you really mean speeding conviction? I can understand
accepting a speed awareness course after an FPN does show up but
not a conviction for speeding in the magistrates court. I know
from personal experience that a conviction for driving without
due care & attention does show up on an enhance DBS check
#Post#: 37626--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 20, 2024, 10:53 am
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> The issue here is we do not know why you have been asked to
attend court.
>
> It could be for sentencing as they may be considering
disqualification (the court will no disqualify you in your
absence without first giving you an opportunity to attend). It
could be because your guilty plea was not accepted because your
mitigation indicated you were advancing a possible defence to
the charge. It could be for something else. The reason you have
been asked to court is important. We don't know what it is.
>
> This is of concern:
>
> [quote]In the SJp I pleaded that they be lenient with me and
explained the driving conditions
--- End Quote ---
--- Quote ---
> I pleaded guilty to the SJP, precisely to avoid wasting time.
--- End Quote ---
You should not plead guilty for the sake of expediency. If you
believe you are not guilty (and you've given an indication
within this thread that you believe you are) you should plead
not guilty. So, one last time then I'm out: forget the rapists
and murderers; what did you say (exactly, word for word) in your
mitigation and how did the court respond (exactly, preferably
post up their letter)?
If you consult a solicitor they will want to know these things
so if you want advice on here the same applies.
[/quote]
Hi NJ
Thanks for the response, the mitigation letter was a long while
ago. From memory it wasn't much, very polite pleaded with
humility and gave the incident details and time line
Something like after driving for 12 years without any incidents
was stopped on the motorway. Explained circumstances, was
raining heavily, dark and midnight . I apologised and was given
a fixed penalty notice.
Then gave the sequence of events, leading to it being referred
to the SJP ( missed post and failed to include driving license
details, despite paying the fine)
Explained my work as a agency temp and the only earning member
of the family. Plus the job I do
Last para was that I plead guilty and and am willing to accept
whatever punishment. Given that the fixed term penalty was
missed because of unfortunate events, I would be grateful if the
same conditions and fines were maintained. I shall leave that to
your discretion and hope for the best.
-------
Don't know if this is relevant but around the same time, in a
separate letter I wrote to the Police, asking for details of the
case under the subject access route. Also compared this stop and
eagerness, to my car being vandalised/broken on two occasions,
where the police gave me a reference number and closed the case.
So asked him if traffic offences are the Police ATM or cash cow.
Don't know if these guys had a 'little chat' and decided to
teach me a lesson. They should know each other, meet at golf
courses or pubs or in the courts, don't they??
As all the Solicitors who I have sought the 'initial free
advise' are amazed, that this ended up in court, despite a
guilty plea
Ps
Groan , does careless driving conviction actually show up on an
enhanced DBS check . There goes my weekend
#Post#: 37628--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: 666
Date: September 20, 2024, 11:10 am
---------------------------------------------------------
--- Quote from: MJ007 link ---
>
>
>
> Groan , does careless driving conviction actually show up on
an enhanced DBS check . There goes my weekend
>
--- End Quote ---
According to gov.uk
"a standard check, which shows spent and unspent convictions and
adult cautions, from the Police National Computer which have not
been filtered in line with legislation
an enhanced check, which shows the same as a standard check plus
any information held by local police that’s considered relevant
to the role"
So I guess it depends on the job for which you're being vetted.
#Post#: 37630--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: DWMB2
Date: September 20, 2024, 11:14 am
---------------------------------------------------------
--- Quote ---
> Groan , does careless driving conviction actually show up on
an enhanced DBS check . There goes my weekend
--- End Quote ---
A more pertinent question might be: "Will your employer care
about a minor motoring conviction?"
Whenever I've had to have DBS checks, it's been to ensure I
won't pose a risk to vulnerable people I may encounter during
the course of my work, or to ensure I haven't been convicted of
crimes involving breach of trust that would make me unsuitable
to handle sensitive information or money, such as fraud
convictions for example.
#Post#: 37639--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: NewJudge
Date: September 20, 2024, 12:08 pm
---------------------------------------------------------
--- Quote ---
> ...the mitigation letter was a long while ago. From memory it
wasn't much,...
>
--- End Quote ---
Not much help then.
What about the letter they sent to you, asking you to attend
court? What did that say?
--- Quote ---
> Don't know if this is relevant but around the same time, in a
separate letter I wrote to the Police, asking for details of the
case under the subject access route. Also compared this stop and
eagerness, to my car being vandalised/broken on two occasions,
where the police gave me a reference number and closed the case.
So asked him if traffic offences are the Police ATM or cash cow.
--- End Quote ---
No, it's not relevant.
--- Quote ---
> Don't know if these guys had a 'little chat' and decided to
teach me a lesson. They should know each other, meet at golf
courses or pubs or in the courts, don't they??
--- End Quote ---
Not to my knowledge. If you are suggesting somebody "had a
little chat" with a magistrate, chosen at random from a large
contingent, who presided over the Single Justice session where,
coincidentally, your case happened to be heard, I'd suggest
you've been at the bottle.
--- Quote ---
> As all the Solicitors who I have sought the 'initial free
advise' are amazed, that this ended up in court, despite a
guilty plea
--- End Quote ---
It ended up in court (the Single Justice Procedure being part of
the court process) because you failed to comply with the
conditions of the fixed penalty offer you were made. It is too
late to fret over the impact a conviction may have on your
employment. Whether it results from a Single Justice hearing or
from a hearing in the normal magistrates' court, it is the same
thing - a conviction.
I am amazed that they are amazed because, from the information
you've provided here it is impossible to say why you have been
asked to attend.
I don' think we will get any further with that question here and
I reckon you will just have to pitch up and find out what they
want. Don't drive there though in case you are disqualified and
you can't drive home.
#Post#: 37643--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: Southpaw82
Date: September 20, 2024, 12:42 pm
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> Not to my knowledge. If you are suggesting somebody "had a
little chat" with a magistrate, chosen at random from a large
contingent, who presided over the Single Justice session where,
coincidentally, your case happened to be heard, I'd suggest
you've been at the bottle.
>
--- End Quote ---
More like a perpetual victim.
#Post#: 37651--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: MJ007
Date: September 20, 2024, 2:12 pm
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> [quote]...the mitigation letter was a long while ago. From
memory it wasn't much,...
>
--- End Quote ---
Not much help then.
--MJ So my mitigation letter wasn't something out of the blue?
Still they didn't consider it
What about the letter they sent to you, asking you to attend
court? What did that say
MJ- It says
Summmons on Referral to Court
A magistrate has decided that your case should be referred to a
full court hearing.
Location and date/time given
REASON: Case inappropriate from the SJP
Attendance: arrive 30 before
Warning:
Cases : Charge initiated by the Chief Constable- Driving
without due care and attention. Section 3 of RTA and Schedule 2
of RTOA 1988
The sentence for this offence can be endorsed on your driving
record
Referral to Full Court Hearing
Your case was considered by the Court under the SJP. However,
owing to the reasons given ( didn't find any F reason tbh) your
case has now been referred to a hearing before a full
magistrates'' court. For more information of the reason, see
below
Advise and help
(overall no actual reason given why it's not suitable for the
SJP. Just says
1) Case unsuitable for SJP
2) As unsuitable, now referred to a full Court hearing
Sounds like pure BS to me
---------------------------------
I'd suggest you've been at the bottle.
No Sir, stopped drinking since June 2022.
----------------------------------
My understanding is or take home point is, irrespective of the
reason why and how,
I have now to face a full court hearing.
My previous guilty plea doesn't hold water, for the simple
reason that the court itself has not accepted my guilty plea
When I do attend court, the case would either be listed for
trial or it would be adjourned for a case management hearing
I have an option to plead not guilty and argue that the offence
is not made out
D
#Post#: 37653--------------------------------------------------
Re: Traffic offence Solicitors in Leamington Spa-Coventry area
DIR By: Southpaw82
Date: September 20, 2024, 2:24 pm
---------------------------------------------------------
--- Quote from: MJ007 link ---
>
> I have an option to plead not guilty and argue that the
offence is not made out
>
--- End Quote ---
Who has told you that?
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