Appeal against magistrates court penalty

petemattw

SodG24 wrote: »

So why on earth did you plead guilty then ?

Because I was under the impression I would have chance to give my explanation prior to them passing judgement but it appears not.

I thought that this would mean they would take my explanation into consideration and was a better option than pleading not guilty, which would result in a long drawn out process.

petemattw

Thanks for your help guys, I realise I screwed up, should have bitten the bullet and gone for speed awareness, got 5 years to regret it for now

It does really suck that the difference in penalties varies so massively, if I'd known then what I know now...

[Deleted User]

petemattw wrote: »

On the basis that I wanted to explain my circumstances.

Explaining your circumstances, is not grounds for pleading not guilty.

The only grounds for pleading not guilty, is that you weren't speeding.

[Deleted User]

petemattw wrote: »

got 5 years to regret it for now

Actually, less than four.

Speeding tickets points stay on a driving licence, for four years from date of offence.

You will be down to 4 points in less than 3 years.

petemattw

What are the bands for the fines? i've read the link posted but can't see anything about the financial amount for each banding

petemattw

Johnmcl7 wrote: »

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:


John

I understand these fines are based on a weekly take home pay? So if my weekly take home pay if £523, and my fine is £400, this is 76%, so would this be grounds to appeal?

esmerobbo

http://www.pepipoo.com/Magistrates_guidelines.htm

forgotmyname

I think you made a big mistake and the only way your going to get anywhere is proper legal advice.

Which may cost more than the fine anyway.

I think its a case of a big lesson and move on.

DUTR

Before you all get over excited, the OP had already posted this on another forum, with similar responses, also someone ha posted a previous post by the same person http://www.detailingworld.co.uk/forum/showthread.php?p=3102723#post3102723 ,

So I am not so sure where the OP feels he has any sort of defence if he is not willing to be in reasonable charge of a motorised vehicle at all times

[Deleted User]

As I pointed earlier, the OP's explanation is, if anything, evidence for a charge of not being in proper control.