Speeding and magistrates court attendence

[doodab]

The judge should be lenient for a 1st offence (if it is).

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[Regent]

'tis a first offence.

Given the circumstances you have described I think maybe 3 or 6 points and a small fine, but I don't think anything to be too worried about (easy said from an outsider).

[Freamon]

Given the circumstances you have described I think maybe 3 or 6 points and a small fine, but I don't think anything to be too worried about (easy said from an outsider).

The court always has discretion and should take all mitigating (and aggravating) circumstances into account, but I think the phrase "expect the worst and hope for the best" applies here. The guidance given in law suggests an automatic ban, between 7 and 56 days.

[OwlHoot]

My mum's been done for speeding and has to go to court and is very worried about it. Any tips?

She's not been to court before or had any other driving conviction and is worried. She has to travel a long way to get to the magistrates court, doesn't want to drive (she usually sticks to familiar roads) and anyway because she is so upset and worried I am taking her.

Basically what happened is that she got lost on the motorway after picking up some relatives from Birmingham airport, she was then lost on 'A' roads and I guess in her lost state didn't notice that she was in a 30 zone. I don't know precisely where it happened, somewhere near Royal Leamington Spa possibly, where the court case is to be held. She was clocked at 62 mph, quite remarkable and unfathomable to me as that's about her motorway speed and she is usually pretty slow on 'A' roads. It was late at night and I guess she was panicking.

She obviously made a mistake and there will be a price to be paid for that mistake, but even so, seems a bit harsh treatment on an elderly woman. Presumably they intend a ban of some period as she has no option but to attend court, and she will also presumably have to tell her insurers who will then bump up her insurance quite considerably?

Plus, what's court like and can I go in with her?

"Clocked" by a speed camera, or pulled over by the police?

If it was the former, and she's any good at fibbing, she could claim she thought another driver was following her, and speeded briefly in a panic to lose him (although they'll have probably heard that excuse before). If she was pulled then that excuse will have less credibility, assuming she didn't mention it at the time.

Trouble is if she's banned she may have to retake her test, and that is significantly harder than it was thirty or forty years ago - The Highway Code is as thick as a flipping dictionary these days!

[cojak]

Unfortunately I didn't see the first letter she received and sent back with her guilty plea, which also had the location of the offence, and she can't tell me where it occurred. The address meant nothing to her as she was lost. I don't know what she wrote in that first reply, other than admitting guilt.

I read the summons letter (coming many months after the first which upset her greatly too as she's hoped it had gone away) and didn't see mention of the possibility of writing a letter, but that sounds interesting.

I know it sounds harsh but going in person and letting the magistrate see her distressed condition might lessen the sentence.

Many years ago I had a mate who was a salesman, when he had a ticket that had the possibliity of a ban attached to it he always used to appear in person. Magastrates hate it when you don't treat the court with respect by not turning up.

[OwlHoot]

I know it sounds harsh but going in person and letting the magistrate see her distressed condition might lessen the sentence.

Many years ago I had a mate who was a salesman, when he had a ticket that had the possibliity of a ban attached to it he always used to appear in person. Magastrates hate it when you don't treat the court with respect by not turning up.

The only time I was ever in a magistrate's court for speeding I was given a right wigging for sitting down.

Well there was a vacant chair right next to me, and they all seemed so friendly. How was I supposed to know one was expected to stand there like a naughty schoolchild?

[Regent]

"expect the worst and hope for the best" applies here.

I totally agree with this statement.

However, I think given the mitigating circumstances and the driver's clean record, I don't believe an automatic ban will be enforced. It can be put down to a moment of 'confusion' due to an aggressive driver intimidating an elderly driver (as suggested by Owlhoot) or something along those lines.

[MarillionFan]

I've been to court a couple of times over speeding. I challenged one and lost spectacularly so my 3 points penalty was upped to 6 points and £380 quid fine. That was for 60 odd in a forty.

For your mum though it sounds like they're going to throw the book at her. Probably a custodial. Look forward to meeting your new Auntie next year

[VectraMan]

10 years ago, I was done for 90.63 in a 60 (it was a police bike and I could see the readout and remember the number well). That went to court, and they asked me how a ban would affect me and as I was commuting some distance by car they instead gave me 6 points and about a £200 fine.

Although some people say the ban is an alternative to the points, so it might have been better to have had the short ban. I'm not really sure how that works.

I would say be a man (or in this case, a woman), and go stand up and admit your mistake. If I was a magistrate I'd be inclined to automatically give the maximum penalty to anybody that couldn't be arsed to show up.

[Paddy]

Unfortunately I didn't see the first letter she received and sent back with her guilty plea, which also had the location of the offence, and she can't tell me where it occurred. The address meant nothing to her as she was lost. I don't know what she wrote in that first reply, other than admitting guilt.

I read the summons letter (coming many months after the first which upset her greatly too as she's hoped it had gone away) and didn't see mention of the possibility of writing a letter, but that sounds interesting.

I think she will be more than happy not to have to say anything in court. It's this coming Monday, so perhaps no time to get a barrister. I thought I read of mention of a possibility of a getting free legal advice/representation at the court on some days, perhaps not for speeding offences though, where one might be provided with assistance on pleading special circumstances (or whatever the term used was). No previous, out of character, genuine mistake, etc. She has already pleaded guilty though, even though I don't think she knows where she was caught speeding.

The form that your mum sent back should have been photocopied. She did not have to enter a plea on that form and in any event it is an intention to plead guilty or not guilty. Unfortunately magistrates courts are the worst because they are supposed to be independent but they are not.

Your mum should not plead guilty because she is unaware of what she is being prosecuted for. You need to adjourn the case. It is too late to do it by letter. I suggest you attend court, the prosecution may be very nasty but don’t be intimidated by them. Ask for an adjournment for 2-3 months on the grounds that your mum is old and nervous and she was unaware of the details of the offence and you need time for legal advice and to obtain evidence. Say mum is unable to enter a plea until she obtains legal advice. If it a Judge instead of the pig ignorant magistrates, he may allow you to speak on your mum’s behalf as a McKenzie friend. It is highly unlikely that an adjournment is refused.