Appeal against magistrates court penalty

petemattw

i don't know if I'm honest, pride, ego, my head being a bit of a mess due to 2 close bereavements. In hindsight I should have just accepted it but...

Johnmcl7

petemattw wrote: »

Looks like I messed up pleading guilty when I should have pleaded not guilty, think this was because my head was a mess when the paper work came through as i'd just lost my grandmother and my dog had also passed away. Any chance of getting this reopened?

To be honest I doubt the outcome would have been any different aside from the fine and costs would have been higher as you wouldn't have received the discount for the early guilty plea. Nothing you've said would amount to any defence to the speeding and trying to get a ban instead of points for 42 in a 30 would have been tough.

The speeding awareness course was likely the only way to avoid points but that offer unfortunately is now long gone.

John

Johnmcl7

43k_in_43m wrote: »

I can't imagine a Speed Awareness Course was ever on the table - the speed's outside the norm and the OP already had 3 points

They have widened the scope for speeding awareness courses to 10% + 9 rather than 10% + 6 plus you have take one even if you have points on your license, the restriction is normally that you can't have taken a speed awareness course within the last three years.

John

[Deleted User]

petemattw wrote: »

Would an appeal not be a rehearing so chance to better explain myself?

An appeal would need new evidence, which casts doubt on the facts of the case (is there be any doubt you were speeding?), or an argument that the Magistrates were incorrect in law, which I can't see any likelihood of being correct.

BTW. The 3 points last year, won't have helped, regarding the sentence.

Johnmcl7

Bedsit_Bob wrote: »

An appeal would need new evidence, which casts doubt on the facts of the case (is there be any doubt you were speeding?), or an argument that the Magistrates were incorrect in law, which I can't see any likelihood of being correct.

BTW. The 3 points last year, won't have helped, regarding the sentence.

Surely only if he'd pleaded not guilty at the original trial? As he pleaded guilty I didn't think he could appeal the conviction itself only the penalty.

John

[Deleted User]

petemattw wrote: »

Looks like I messed up pleading guilty when I should have pleaded not guilty

On what grounds would you have pleaded not guilty?

[Deleted User]

Johnmcl7 wrote: »

Surely only if he'd pleaded not guilty at the original trial? As he pleaded guilty I didn't think he could appeal the conviction itself only the penalty.

John

:embarasse You are right, of course.

petemattw

Bedsit_Bob wrote: »

On what grounds would you have pleaded not guilty?

On the basis that I wanted to explain my circumstances.

Is there no appeal process to request a review of the penalty imposed?

SodG24

petemattw wrote: »

On the basis that I wanted to explain my circumstances.

So why on earth did you plead guilty then ?

Johnmcl7

petemattw wrote: »

On the basis that I wanted to explain my circumstances.

Is there no appeal process to request a review of the penalty imposed?

Yes but only against the guidelines as far as I'm aware, if the fine (exlcuding the costs and victim support tax) are substantially higher than 66% of your take home pay (band B fine is 100% minus a third for an early guilty plea) then you may be able to get the fine reduced on appeal. The points you were given are correct for a 42 in a 30, you can read the sentencing guidelines here:

http://www.northants.police.uk/files/linked/WCU/Magistrate%20Sentencing%20Guidelines.pdf

John