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DIR Return to: Speeding and other criminal offences
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#Post#: 72260--------------------------------------------------
Re: SJP for driving without due care and attention
DIR By: NewJudge
Date: May 19, 2025, 1:21 pm
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--- Quote ---
> Ahh ok. So again, thinking out loud, I am kinda screwed if I
plead guilty anyways, as I won’t be able to avoid court.
>
--- End Quote ---
Yes you will.
If the SJ believes the penalty should be less than six points
you will simply be sentenced under that process and informed of
the outcome by post.
--- Quote ---
> Apologies if you don’t know, or this is a stupid question, but
if pleading guilty automatically qualifies you for 5 points..
--- End Quote ---
It doesn't. The penalty for Careless Driving is 3 to 9 points or
a disqualification, depending on he court's view of the
seriousness of the offence. A disqualification is very unlikely.
--- Quote ---
> ...Or would the sentence actually be harsher due to pleading
not guilty?
--- End Quote ---
The financial penalty will but the number of points will not.
#Post#: 72268--------------------------------------------------
Re: SJP for driving without due care and attention
DIR By: Driver110
Date: May 19, 2025, 1:57 pm
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--- Quote ---
>
> Yes you will.
>
> If the SJ believes the penalty should be less than six points
you will simply be sentenced under that process and informed of
the outcome by post.
--- End Quote ---
Ahh ok. Apologies, I misunderstood your earlier message. So
there is still a chance that they could deem the offence to be
worthy of less than 6 points, which would avoid court. I
understand now.
--- Quote ---
> The financial penalty will but the number of points will not.
--- End Quote ---
Appreciate the clarification. Much to think about. I guess my
worry is pleading guilty, and the SJ thinking it is 5+ points
worthy and calling me to court with regards to the
disqualification, but at that point, I have lost the right to
argue my case with regards to the reckless driving charge and
instead will be trying to argue against being disqualified/for a
lower points penalty?
#Post#: 72281--------------------------------------------------
Re: SJP for driving without due care and attention
DIR By: NewJudge
Date: May 19, 2025, 3:04 pm
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I think you are approaching this incorrectly.
If you believe you will be convicted, your aim should be to
lessen the damage. Your main consideration seems to be to avoid
six or more points. Pleading guilty, or being found guilty
following a trial will not see a difference in the number of
points you receive.
Therefore if you believe you will be convicted but plead not
guilty simply to retain the right to argue your case (which you
believe you will lose) you are being foolish. The financial
penalty will be considerably harsher. The main element of that
will be prosecution costs. A guilty plea will see costs of
around £90; being found guilty following a trial will see costs
of at least £620 and you will also lose the one third discount
off the fine which you will be granted if you plead guilty.
That is the price you will pay to retain the right to argue your
case if that argument does not succeed.
#Post#: 72292--------------------------------------------------
Re: SJP for driving without due care and attention
DIR By: Driver110
Date: May 19, 2025, 3:57 pm
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--- Quote from: NewJudge link ---
>
> I think you are approaching this incorrectly.
>
> If you believe you will be convicted, your aim should be to
lessen the damage. Your main consideration seems to be to avoid
six or more points. Pleading guilty, or being found guilty
following a trial will not see a difference in the number of
points you receive.
>
> Therefore if you believe you will be convicted but plead not
guilty simply to retain the right to argue your case (which you
believe you will lose) you are being foolish. The financial
penalty will be considerably harsher. The main element of that
will be prosecution costs. A guilty plea will see costs of
around £90; being found guilty following a trial will see costs
of at least £620 and you will also lose the one third discount
off the fine which you will be granted if you plead guilty.
>
> That is the price you will pay to retain the right to argue
your case if that argument does not succeed.
>
--- End Quote ---
Thank you for the clarification. I only believe I will be found
guilty as it is the word of two police officers against my own
word. I have no other evidence that I can rely upon and no
witnesses I can call.
Essentially, all I can do is say that I was not speeding or
tailgating/attempting to overtake a vehicle as stated. I
remained behind the vehicle in question until I could move into
the correct lane to cross the roundabout and then proceeded to
cross the roundabout and continue my journey home.
I am just thinking it might be easier to plead guilty and hope
for a light sentence rather than try and fight it and risk the
financial penalties you have mentioned. Thank you.
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