How to Appeal against a Speeding Conviction

Raheel_Akhtar

Hello Fellow Motorists

Please help you mate by answering my questions or advising me what shall I do.

I was caught by a motorbike police officer while over speeding at A406 in London. He gave me a ticket and 6 points and asked me to take my license and counterpart to a local police station but I did not went there and later couple of months I got a court letter from Willesdent Magistrates's Court asking me to appear in court or I could plead guilty by post, so at that time I pleaded guilty by post and the court convicted me with 75 pounds fine and gave me 6 points on my license which was only 1 and half year old then I received a letter from DVLA that if I get 6 points within first 2 years of License been issued my license will be taken away from me and I have to get the provisional license then sit in theory test and then take a practical test again which seems to be very annoying

So the question is can I appeal against this conviction in crown court and ask them to give me less points and send me to take speed awareness program this way I will not lose my license and save my self from all that hassle also if I appeal against this decision and take it to the crown court and then high court during this my license will be 2 years old in August (using delaying tactic) can I avoid the pain of doing the whole thing again.

What is your suggestion shall I follow this route of appeal and use delaying tactic to avoid or shall I just drop my head and start from the scratch your valuable advise will be highly appreciated

Regards

Raheel

DUTR

Start again from scratch, like it or not being in control of a motorised vehicle on a public road is a privelage, speeding is one of those things that everyone does, but most are more choosy when and where, whilst you were on probabtion after just passing your test, that is the time to be very careful. Good luck with your second test.

pramsbottom

Unfortunately you have already pleaded guilty

dacouch

How fast were you going as they generally only give 3 points for a speeding fine.

Aretnap

The revocation of your licence is based on the date of the offence, not the date of the sentence. So stalling won't prevent it being revoked, unless you can get the sentence reduced to fewer than 6 points you will just be delaying the inevitable.

You normally have to lodge an appeal within 21 days of the conviction. If you're outside this time then you're pretty much stuck with the sentence.

What was the speed and what was the limit? Unless the sentence was outside the guidelines shown here your chances of getting it reduced are slim. And an unsuccessful Crown Court appeal would set you back a few hundred pounds in costs, while an unsuccessful High Court appeal would set you back a few thousand, which is a lot to pay for delaying the inevitable, so if you do want to pursue that route get proper legal advice first.

AdrianC

Raheel_Akhtar wrote: »

I was caught by a motorbike police officer while over speeding at A406 in London.

I pleaded guilty by post

So you did it, you've already told the court you did it... and you want to appeal against a £75 fine for doing it...?

If you'd not tried to be clever about not taking your licence in to the police station, you might have been offered an SAC or a 3pt fixed penalty. But you blew that for yourself.

Aretnap

Raheel_Akhtar wrote: »

He gave me a ticket and 6 points and asked me to take my license and counterpart to a local police station...

Are you sure about that? A fixed penalty (aka speeding ticket) is, erm, fixed at 3 points. If you were given one you should really have taken it because, as you've discovered, you can get more points if you decline it and are taken to court instead. Why didn't you take it?

Aretnap

AdrianC wrote: »

So you did it, you've already told the court you did it... and you want to appeal against a £75 fine for doing it...?

I suspect it's the points more than the fine he wants to appeal against...

Iceweasel

"my license will be taken away from me and I have to get the provisional license then sit in theory test and then take a practical test again which seems to be very annoying"

I think that's the understatement of the year there, Raheel.

No harsh words from me though - one of my foolish grandsons did exactly the same.

Back to square one I'm afraid.

Good luck - and be more careful next time around.

AdrianC

Aretnap wrote: »

Are you sure about that? A fixed penalty (aka speeding ticket) is, erm, fixed at 3 points. If you were given one you should really have taken it because, as you've discovered, you can get more points if you decline it and are taken to court instead. Why didn't you take it?

The policeman wouldn't have offered him 3pts, either. Only the "back-room" can decide the penalty. The policeman can make a recommendation, which might be followed, no more.

AdrianC

Aretnap wrote: »

I suspect it's the points more than the fine he wants to appeal against...

I suspect it's not the points, but the licence revocation. Still, having passed so recently, that should be a doddle...