Speeding and magistrates court attendence

[Freamon]

Someone I know volunteers as a magistrate and it does sound like an extremely dull way to spend your spare time. They don't seem to deal with much other than speeding offences, drink driving and other similar public nuisances.

[NotAllThere]

...
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.

My wife was prosecuted for driving on underinflated tyres - driving someone else's car that had just two weeks earlier had new tyres fitted, then having an accident blamed, by plod, on underinflated tyres, the evidence for which was lack of air in the tyres some time after the accident... This is a statutory offence - there is no defence. However, the law specifies certain mitigating circumstances. We were advised not to attend court, plead guilty by post, and add a statement of mitigation using the exact wording of the law. The result was the minimum possible penalty - 3 points + £50 fine. Bear in mind the maximum was £5000 fine and 6 points.

The use of the exact wording of the law helped. Pleading guilty by post also helped as it takes less time - magistrates like things nice and easy. So not turning up is not necessarily a bad idea.

[Troll]

'tis a first offence.

If you open Google in another tab, select images, then come back to this tab and drag my image to the other tab, Google will automagically bring her up, plus a few pale intimidations.

<ahem> if you turn safe surf off will more be revealed?

[nomadd]

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.

That's because she can't. As she is 30 over the limit, and therefore facing a ban, she has to attend in person. I know, I had to for a 100+ mph on the motorway. Got done again 2 years later, but as it was under 30 over the limit, I was given the option of pleading guilty by letter (which I did.)

As other posters have said: tell her not to get too worried; it's a 20-a-day type of thing for the magistrates. It's all over in a few minutes. In my case, like your mum, I had a spotless driving record at the time. I had the chance to plead, so basically stated that I needed by driving license for my job. Magistrates were OK, and I only got a very short ban (10 days), a small fine and 3 points. She definitively needs to take someone with her, as she won't be able to drive home if she gets the ban handed down. I too got "done" in the middle of nowhere, so glad I took a friend to drive me home afterwards.

Had a spotless license for 12 years now. Here's hoping it stays that way!

[TimberWolf]

That's because she can't. As she is 30 over the limit, and therefore facing a ban, she has to attend in person. I know, I had to for a 100+ mph on the motorway. Got done again 2 years later, but as it was under 30 over the limit, I was given the option of pleading guilty by letter (which I did.)

As other posters have said: tell her not to get too worried; it's a 20-a-day type of thing for the magistrates. It's all over in a few minutes. In my case, like your mum, I had a spotless driving record at the time. I had the chance to plead, so basically stated that I needed by driving license for my job. Magistrates were OK, and I only got a very short ban (10 days), a small fine and 3 points. She definitively needs to take someone with her, as she won't be able to drive home if she gets the ban handed down. I too got "done" in the middle of nowhere, so glad I took a friend to drive me home afterwards.

Had a spotless license for 12 years now. Here's hoping it stays that way!

Contemplating whether to write a nicely formatted letter to take with me pleading mitigating circumstances, first offence, out of character, needs the car, etc.

Also wondering if I need to dress up or whether I'm okay in causals. Presumably there is no possibility that I can join her in the court, other than as a spectator?

[AtW]

Someone I know volunteers as a magistrate and it does sound like an extremely dull way to spend your spare time. They don't seem to deal with much other than speeding offences, drink driving and other similar public nuisances.

Sometimes though they do get a chance to jail a council tax rebel...

I reckon 6 points + up to £300 fine and court costs of £100...

[bless 'em all]

When travelling far in excess of the speed limit, there is risk of an immediate ban, based on the speed recorded. Although the Courts around the country have their own local practices, by and large if you are more than 40% over the speed limit, you are at risk of an immediate disqualification, although there seems to be more tolerance when the speed limit broken is 30/40 mph. The length of the ban is again at the Court's discretion, but as a general rule, it will range from 7 to 90 days, depending on the exact circumstances of your case, your personal situation and the quality of the defence/mitigation raised.



Speed Limit Speed Alleged
30 mph In excess of 51 mph
40 mph In excess of 66 mph
50 mph In excess of 75 mph
60 mph In excess of 85 mph
70 mph In excess of 100 mph

Speeding Offences

If your mum was doing 61mph in a 30 then it was probably a dual-carriage way? It's easy to get confused/not see the posted sign. A ban might be a bit harsh, particularly if it was quiet/late at night but TBH it might be worth getting some advice (linky above is one place).

[mudskipper]

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.

An adjournment might be a good thing legally, but it would add to her stress. Might be better to just get it over with and move on.

[stek]

Contemplating whether to write a nicely formatted letter to take with me pleading mitigating circumstances, first offence, out of character, needs the car, etc.

I was advised not to that by a serial speed offender, it's a tick-box thing he reckoned.

Been driving over the top on the M62 recently, there's lots of roadworks, average speed cameras everywhere. One good thing I learned from my speed awareness course was these thinks aren't dummies, they work 24/7 and they do prosecute.

Look at this, I set my cruise now during the average sped bits, load still fly past and now I know I;m almost certain they'll be getting a NIP....

BBC News - M62 speed cameras record 1,000% rise in offences

[AtW]

I just use my other car with Uruguay diplomatic numbers.

DimPrawn