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DIR Return to: Speeding and other criminal offences
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#Post#: 45986--------------------------------------------------
URGENT PLS RESPOND TODAY
DIR By: Paul_k3
Date: November 18, 2024, 5:46 am
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Hi All
I received my first speeding fine doing 44mph in a 20mph zone
with a lazer gun but I did not a NIP within 14 days so can I use
it as a valid defense against the speeding charge. The officer
did read my rights so is this the same as a NIP? Is this
procedural failure? Is their any defense I can state ?
Pls see attached Single Justice Procedure
Many Thanks
Paul
[attachment deleted by admin]
#Post#: 45991--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: 666
Date: November 18, 2024, 6:04 am
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--- Quote from: Paul_k3 link ---
>
> Hi All
>
> I received my first speeding fine doing 44mph in a 20mph zone
with a lazer gun but I did not a NIP within 14 days so can I use
it as a valid defense against the speeding charge. The officer
did read my rights so is this the same as a NIP? Is this
procedural failure? Is their any defense I can state ?
>
> Pls see attached Single Justice Procedure
>
> Many Thanks
>
> Paul
>
--- End Quote ---
The officer did read my rights so is this the same as a NIP? If
he warned you that you would be considered for prosecution then
no NIP is needed.
Is this procedural failure? No.
Is their any defense I can state ? Nothing you've told us
suggests a defence. The best course will be to plead guilty,
which will give you a discount on the inevitable fine and
minimise the prosecution costs.
#Post#: 46017--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: NewJudge
Date: November 18, 2024, 7:32 am
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Magistrates’ sentencing guidelines for 44mph in a 20mph limit
suggest a fine of 1.5 weeks net income (reduced by a third if
you plead guilty). You will also pay a “victim surcharge “ of
40% of that fine and costs of around £90. So if your income is
£500pw you will pay around £800. You will also see either a ban
of up to 56 days or six points imposed.
If the “Single Justice” dealing with your case believes a ban
should be considered your case will be adjourned for a hearing
in the normal Magistrates’ Court and you will be invited to
attend. The SJ will not disqualify you before you have an
opportunity to attend court. If six points is the outcome you
will simply be informed of the outcome by post.
Incidentally, your car's registration number is visible on the
SJPN. You might like to consider taking it down and reposting
with it redacted.
#Post#: 49350--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: Paul_k3
Date: December 11, 2024, 9:12 am
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I got a speeding fine and 6 points and can I appeal against
this?
#Post#: 49352--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: BertB
Date: December 11, 2024, 9:18 am
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What do feel you could appeal against?
6 points is the bottom of the sentencing guidelines for this
speed. It won't get any better than that. What was the fine?
Does it fit with NewJudge's sentencing?
#Post#: 49371--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: NewJudge
Date: December 11, 2024, 10:11 am
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You can certainly appeal against it. You must lodge your appeal
with the Crown Court within 21 days of your conviction.
However, you haven't said how much the fine was and we don't
know what your income is, so it's difficult to say whether you
were fined correctly. However, as Bert says, six points is in
accordance with the guidelines. What were you expecting?
If your appeal against sentence in the Crown Court fails the
prosecution will ask for costs in the region of £700.
#Post#: 49373--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: FuzzyDuck
Date: December 11, 2024, 10:23 am
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--- Quote from: Paul_k3 link ---
>
> I got a speeding fine and 6 points and can I appeal against
this?
>
--- End Quote ---
Did you plead guilty? Or did you plead not guilty but was found
guilty. If the former you can only appeal the sentence, but as 6
points is the least you can get it doesn't seem worthwhile. What
was the fine (+ costs)?
#Post#: 49378--------------------------------------------------
Re: URGENT PLS RESPOND TODAY
DIR By: andy_foster
Date: December 11, 2024, 10:32 am
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FFS, stop hassling the OP.
If he wanted meaningful advice, he would have provided some
information to base such advice on. Clearly he just wanted to
feel that he had explored all avenues by nominally asking if
there was some silver bullet we hadn't mentioned that
contradicted the advice previously given.
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