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DIR Return to: Speeding and other criminal offences
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#Post#: 10911--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: learnt_my_lesson
Date: November 22, 2023, 6:20 am
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Thanks for all of you help.
To make it clear that I am in no way denying I sped and am just
looking for the best way to handle this case as I have never
been to court for anything like this.
Could I add something that may be frivilous but notheless I need
clarification if anyone can help, please:
I've read a few articles which states magistrates summary
offences "must be ‘laid before the Court’ within six calendar
months from the date of the offence"
SLPN document was sent to me, dated 12/05/2023.
The "summons on referral to court" doc I was sent is dated
14/06/2023.
The offence occurred 15/11/2022.
Should I call the magistrates and request details of when the
case wa slaid out before court?
Sorry I just want to exhaust every outcome is all.
Thanks again
#Post#: 10913--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: andy_foster
Date: November 22, 2023, 6:49 am
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Laying an information was the old way of instigating proceedings
which resulted in the court issuing a summons. This still
applies for private prosecutions, but public prosecutions must
now be instigated by issuing a Written Charge and SJPN. It is
these that must be issued within the 6 months. The summons on
referral is a new stage in existing proceedings instigated by
issuing a written charge and SJPN. There is no time limit on
subsequent stages.
#Post#: 10919--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: learnt_my_lesson
Date: November 22, 2023, 7:25 am
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Thank you Andy.
So I now conclude I may at best be offered 6 points and a fine
of over £600 and at worst receive a 6 month ban.
Thanks for all the help from everyone here. I will post an
update on outcome, the appearance date is 8th December
#Post#: 10931--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: The Rookie
Date: November 22, 2023, 8:58 am
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--- Quote from: learnt_my_lesson link ---
>
> the appearance date is 8th December
>
--- End Quote ---
Good Luck.
#Post#: 10946--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: NewJudge
Date: November 22, 2023, 12:02 pm
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--- Quote ---
> So I now conclude I may at best be offered 6 points and a fine
of over £600 and at worst receive a 6 month ban.
--- End Quote ---
I don't know how you come to that conclusion.
Assuming you plead guilty the sentencing guidelines suggest a
fine of a week's net income. You will also pay a "Victim
Surcharge" of 40% of the fine and a contribution towards
prosecution costs which are usually £85-£90. As well as that,
you will receive either a ban of between 7 and 56 days or 6
points. That speed is liable to attract either, though if forced
to bet I would go for six points. If a ban is the decision, it
is not likely to exceed 28 days.
BTW - you won't be "offered" anything. The court will decide on
the sentence and it will be imposed. 8)
#Post#: 10953--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: learnt_my_lesson
Date: November 22, 2023, 2:08 pm
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h I don't know what I was thinking typing "offered". Thanks for
spotting that. Would hate to come across as arrogant in court
that's for sure!
Thanks for the clarity on the guidelines etc. I hope the ban
won't be sentenced, but if it were would you know if I would
then need to retake test/have points on my license when
returned?
Googling seems to throw me down a rabbit hole.
Thanks again.
#Post#: 10958--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: NewJudge
Date: November 22, 2023, 2:32 pm
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There will be no requirement to re-take your test and you will
have no points on your licence (you can only get either points
or a ban). You will, however, have an endorsement which must be
declared to insurers and anybody else with a legitimate reason
to ask.
#Post#: 12212--------------------------------------------------
Re: Help needed with upcoming magistrates appearance for
speeding.
DIR By: learnt_my_lesson
Date: December 11, 2023, 2:11 pm
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Hello,
Wanted to provide an update that I received 3 points and a fine.
Feeling very fortunate and grateful for the help/sage advice
offered here.
Thanks
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