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Speeding and magistrates court attendence

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    #41
    Originally posted by Freamon View Post
    In all seriousness, get her a sat nav as a present, then she won't get lost and will know what the speed limit is at all times. It'll take the stress out of driving for her.
    I have brought satnav's up before, compasses too, but unless one exists that has no buttons that need pressing it will be little use to her. I also try to persuade her to buy a smaller car, but she likes the Mercedes which is too big and fast for her. Saying that, she usually keeps to roads she knows and doesn't speed, this was a bit of a worrying one-off.

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      #42
      Some have said you need a barrister, which is incorrect a barrister is only needed if you go to crown court not at magistrate level.

      The problem you have here is your mum has admitted guilt, if she hadnt a speeding solicitor would have been able to surreptitiously look at what evidence they had and take it from there, more than likely getting her off the charge. There might still be time to do something, this guy is very good and not as expensive as some he may be able to give you some free advice, although you have left it very late.

      Speeding Solicitor | Motoring Offence Solicitor | Drink Driving Solicitor | Marcus A Johnstone


      Your mum is probably nervous about the whole thing and probably doesn't want the stress of fighting it. But it sounds like a simple sentencing affair, so shouldn't last long. Magistrates are very random in their decisions as they aren't usually legally trained and are led by the court clerk on matters of law. Most of the bad decisions can be overturned at higher court but the costs usually mean it's better to take the 'justice'. It's really is a terrible unfair system.

      You can however make it easier for your mum and ask to be her McKenzie Friend (if she doesn't have a solicitor). This basically means you can sit and hold her hand in the dock. The most humiliating part of the whole affair will be having to sit for ages with the chavs up for petty theft, vandalism etc. The magistrate bit will be over very quickly,
      The court heard Darren Upton had written a letter to Judge Sally Cahill QC saying he wasn’t “a typical inmate of prison”.

      But the judge said: “That simply demonstrates your arrogance continues. You are typical. Inmates of prison are people who are dishonest. You are a thoroughly dishonestly man motivated by your own selfish greed.”

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        #43
        Originally posted by Bagpuss View Post
        Some have said you need a barrister, which is incorrect a barrister is only needed if you go to crown court not at magistrate level.
        You don't need one, but you can have one. When I went, my insurance covered it, so the solicitor suggested I should have one.

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          #44
          Originally posted by k2p2 View Post
          You don't need one, but you can have one. When I went, my insurance covered it, so the solicitor suggested I should have one.
          It sounds like your case could equally as well have gone to crown court hence having one could carry it through both. However this being a simple speeding case can't see how this one would go to crown court and/ or justify the extra rates a barrister would charge to his mum.
          Last edited by Bagpuss; 7 January 2012, 18:35.
          The court heard Darren Upton had written a letter to Judge Sally Cahill QC saying he wasn’t “a typical inmate of prison”.

          But the judge said: “That simply demonstrates your arrogance continues. You are typical. Inmates of prison are people who are dishonest. You are a thoroughly dishonestly man motivated by your own selfish greed.”

          Comment


            #45
            Originally posted by Bagpuss View Post
            Your mum is probably nervous about the whole thing and probably doesn't want the stress of fighting it. But it sounds like a simple sentencing affair, so shouldn't last long. Magistrates are very random in their decisions as they aren't usually legally trained and are led by the court clerk on matters of law.
            There were 3 magistrates sitting when I had to attend; all of them seem pretty OK to me. When I made my plea, they seemed attentive and reasonably sympathetic. But the Clerk of the Court was a "jumped up little sh**" if ever I saw one; rough cow with a strong "country" accent and the face of a farmyard animal. When it was all over, she asked me, very loudly, across the courtroom floor no less than three times "DID I UNDERSTAND THE JUDGEMENT OF COURT?" like I was a deaf idiot. If I hadn't been in the middle of a decent contract at the time it might have been worth the jail just to have had the pleasure of stepping forward and punching the bitch. But hey, you just stand there and nod politely... Even my mate who went with me said she came across as a super-bitch.

            Originally posted by Bagpuss View Post
            The most humiliating part of the whole affair will be having to sit for ages with the chavs up for petty theft, vandalism etc. The magistrate bit will be over very quickly,
            That brings back memories... I was bricking myself when I turned up - thought they were going to single me out and throw the book at me. Having sat in court for an hour listening to the "multiple offenders" being processed before me for robbery, drunken brawls, vandalism, car theft, wife-beating, etc., etc., my case seemed to be nothing in comparison. Whole thing was over in less than 10 minutes (6 minutes of which was me babbling making my plea...)
            nomadd liked this post

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              #46
              I was in court last week for allegedly doing 130 miles in my Bugatti - gave the clerk a few gold bars and got off lightly with a slap on my wrists - £10000 fine.

              DimPrawn

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                #47
                Originally posted by AtW View Post
                I was in court last week for allegedly doing 130 miles in my Bugatti - gave the clerk a few gold bars and got off lightly with a slap on my wrists - £10000 fine.

                DimPrawn
                Then you were stupid. There's no law preventing you "doing 130 miles in my Bugatti." In fact you could have done 16,000 miles and then taken it in for a service - a much better use for those gold bars.
                nomadd liked this post

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                  #48
                  Does you mum look like a proper MILF with big norks and dresses like a 20 year old? You might have a problem.... If she looks like every other mum who is a family woman, brought up good family you will be fine. There is no benefit or lesson in banning her, her feeling of guilt and worry will be plain to see and will be taken in to account.

                  I got caught doing exactly the same when I was 25 and they gave me 6 points and 150quid fine and I looked like a spotty oik so she will be ok.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #49
                    Originally posted by nomadd View Post
                    There were 3 magistrates sitting when I had to attend; all of them seem pretty OK to me. When I made my plea, they seemed attentive and reasonably sympathetic. But the Clerk of the Court was a "jumped up little sh**" if ever I saw one; rough cow with a strong "country" accent and the face of a farmyard animal. When it was all over, she asked me, very loudly, across the courtroom floor no less than three times "DID I UNDERSTAND THE JUDGEMENT OF COURT?" like I was a deaf idiot. If I hadn't been in the middle of a decent contract at the time it might have been worth the jail just to have had the pleasure of stepping forward and punching the bitch. But hey, you just stand there and nod politely... Even my mate who went with me said she came across as a super-bitch.
                    I come across the same especially with female Clerks of the Court. They are supposed to be there to advise the magistrates but they wrongly think that they are part of the prosecution. During my infamous speeding case (a judge took the case), the Clerk of the Court (referred hereto as “the bitch”) interrupted the judge and said that the fact that I had filled in the NIP form was an admission of guilt. (stupid bitch) The judge politely told her to shut-up.

                    At a magistrates session I was watching, the bitch (different bitch) kept shouting across the court every time any defendant tried to speak telling them that they had no right to do so. I have never seen that behaviour with male Clerks of the Court.

                    Another class of bitch is the “out-of-arts-college–uni–law-conversion- barristers-working-for-CPS-on-£18,000pa-Muppets”. Again, these bitches shout in court and when they know they are losing the case they resort to lying.

                    Last year at acted as Mackenzie Friend in a Crown Court Case. After a couple of days prep, I found a point of law written in statute plus a precedent. I wrote a one page of case notes and printed off the statute. In court the prosecution (male solicitor) was very reasonable but the bitch Judge seemed to take over as if she was the prosecution! She said the hearing was a waste of time as there is no defence in such circumstances. The bitch would not even let the defendant speak saying there was no defence. (although illegal, this often happens and is a good reason for having a barrister). In desperation I passed a note to the defendant asking to pass the copy of the statute to the bitch Judge. The bitch Judge read it and she blushed, put her head in her hands in disbelieve. (I had never seen anything like it) As a result the case for the prosecution was struck out.

                    My point is; there is far too much intimidation in court rather than being objective.
                    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

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                      #50
                      Like most people have said on here, each case will be treated on its merits. Guidelines will say "automatic ban" etc, but if the judge is a decent chap on the day, you may get away quite lightly.

                      A good few years ago, I got done doing 115mph on th A64 in Selby, and went to court expecting to get banned - took the father in law with me to drive me home. I paid for a solicitor on the day whi I briefed for 10 minutes before we went in and ended up with a £500 fine and 6 points. I got chatting to the judge later on who said he was a petrol head himself and had an M3...

                      My advice would be to turn up in person and don't plead guilty via post, get a solictor and don't worry too much as you can't do much about it anyway. I was only in 10 minutes from memory.

                      Good luck...

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