Speeding Court Summons

gv1977

I recently got pulled over for doing 101mph on the M74 in Lanark.


I have received a court summons and am looking for some advice. Firstly, should I use a road traffic lawyer to attend court? I travel for my work so am unable to be without my licence. Does anyone have experience of the likely outcomes?


Secondly I moved house 5 months ago and have yet to update the address on my driving licence. I also cannot find my counterpart, so only have the card. Should I apply for a new licence before the court date (next week), or go with what I have.


Any advice would be greatly appreciated. I am not looking to get out of punishment, but want to find the best outcome. It has definitely taught me a lesson, and has got me extremely worried.


Thanks in advance.


G

Nodding_Donkey

You can change your address on your licence online.

Expect a ban.

BeenThroughItAll

Nodding_Donkey wrote: »

You can change your address on your licence online.

Expect a ban.

Also, be aware that your licence not being up to date is in itself an offence and can result in a hefty fine.

no_summer_here

Consult a lawyer.

tykesi

You'd think someone who is 'unable to be without' their licence would be a bit more careful not to put it in jeopardy?

As has been said - ban unless you get a very good lawyer I'd expect.

We can but hope anyway!

agrinnall

Why do you need to be "taught" that travelling at 101 mph is going to cause you problems?

Anyway, I agree with the others that without some good legal assistance you are unlikely to escape a ban.

You can update your DL address online and you have to promise to destroy the old documents when the new ones arrive. The problem is that you need information from the counterpart, so unless you've memorised it you might be stumped.

https://www.gov.uk/change-address-driving-licence

Custard_Pie

gv1977 wrote: »

I recently got pulled over for doing 101mph on the M74 in Lanark.


I have received a court summons and am looking for some advice. Firstly, should I use a road traffic lawyer to attend court? I travel for my work so am unable to be without my licence. Does anyone have experience of the likely outcomes?


Secondly I moved house 5 months ago and have yet to update the address on my driving licence. I also cannot find my counterpart, so only have the card. Should I apply for a new licence before the court date (next week), or go with what I have.


Any advice would be greatly appreciated. I am not looking to get out of punishment, but want to find the best outcome. It has definitely taught me a lesson, and has got me extremely worried.


Thanks in advance.


G

Just my opinion, but it depends on the judge/judges on the day. I got caught doing 109mph on the A30 in my youthful days. My ex-wife dropped me off and was going to pick me up as I expected a ban. A guy went in before me with a lawyer. He got banned doing 102mph, where as I just told the truth that I was stupid and would never do it again. They asked if it would affect my job and I said yes, I stood to get sacked as my job heavily relied on me driving to customer site.

I got 6 points and a fine. I firmly believe that turning up a repentent Joe Bloggs, with no representation and the threat of losing my job meant that I escaped a ban. Just my experience having been in a similar situation before.

AdrianC

gv1977 wrote: »

I am not looking to get out of punishment

So I presume you'll be pleading guilty and throwing yourself on the mercy of the court? If so, all a solicitor can do is try to talk the actual punishment down, but the fact you've engaged one may make the magistrate less kindly disposed to you.

First off, make sure it's actually a speeding offence you're being charged with. I gather that the Scottish courts are quite fond of upping the charge to dangerous for very high speeds. I wouldn't have thought just over the ton would count, but you never know.

It'll only be a short ban - a couple of weeks or so - unless you already have a collection of points, so risk being totted-up as well? Can you take it as holiday, or be office-based for the period, if you're going to argue you need the licence for work? Is your employer prepared to write in to the court and say that you'd lose your job without your licence?

Remember - the court intend you to learn a lesson, and that it won't be an easy one - and that they've heard it all before. Unless there's _exceptional_ hardship, and you can prove it, you're going to lose your licence. If you manage to keep it, the fine will be HEAVY.

I'd think your best bet is to be VERY contrite and apologetic. Oh, and if you attend court - don't drive there...

Ebe_Scrooge

Many years ago, a colleague of mine was in a similar situation. He went to court, and took with him a letter from his boss to say that he needed a car for the job.

The upshot was that he got 6 points and a £600 fine ( this was about 15 years ago ), apparently the judge said that had he accepted a ban, it would have been only a £100 fine.

So, as others have said, be repentant, and if the judge / magistrate / whatever is in a good mood, you may escape a ban, but expect a much higher fine in return.

Custard_Pie

Ebe_Scrooge wrote: »

Many years ago, a colleague of mine was in a similar situation. He went to court, and took with him a letter from his boss to say that he needed a car for the job.

The upshot was that he got 6 points and a £600 fine ( this was about 15 years ago ), apparently the judge said that had he accepted a ban, it would have been only a £100 fine.

So, as others have said, be repentant, and if the judge / magistrate / whatever is in a good mood, you may escape a ban, but expect a much higher fine in return.

It's catch-22. How much do you want to drive? Can you do without a car for 2-4 Weeks and save a few hundred quid? Fines are always mean tested regardless. Take into account that with points or a ban, your insurance premium is likely to go up.

I got caught doing 36 in a 30 by a copper with a hair dryer. I pleaded quilty and accepted SP30 3 points £60. They claimed an issue with my card details and I forgot to get back in touch. I landed up with 4 points and £665 + costs at mags.

BillJones

tykesi wrote: »

We can but hope anyway!

Why would you hope for that? There's no suggestion that it was dangerous (it could have been an empty, straight stretch of road with no entrances or exits, on a fine and bright evening), so why hope that they are banned?