How to Appeal against a Speeding Conviction

whatmichaelsays

Raheel_Akhtar wrote: »

ask them to give me less points and send me to take speed awareness program

Unfortunately, you don't get to "ask" to go on a course - you are offered the opportunity to go on one.

The problem for you is that, as a new driver, the courts may well consider your driver training to be a good enough "speed awareness course". The system isn't designed to be a cop-out for getting points (although it is undoubtedly used as that). It is designed to be an educational programme - and you just came out of a driver training programme a year ago.

topdaddy_2

Why did you not went there?

cootuk

6 points would mean quite a serious amount over the speed limit, the area the OP was speeding in, or a serious attitude problem when stopped.

Inch_High_2

AdrianC wrote: »

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.

If he offered him a ticket he did.

You are the classic example of a little knowledge being dangerous.

atrixblue.-MFR-.

cootuk wrote: »

6 points would mean quite a serious amount over the speed limit, the area the OP was speeding in, or a serious attitude problem when stopped.

no mater how you are to the plod, they cant think up points for attitude. they have to stay within legislative descriptions if the offence fits its served. There's very little in the way of discretion these days with the plod or less police constable more policy enforcer.


OP you pled guilty, which makes having an argument for appeal of error in law practically impossible if the mags were infact erroneous in their sentencing which I doubt as they like to have no wiggle room when it comes to these matters, you pled guilty, so having your sentence reduced may not change even if you did have the money to appeal.


Every new driver knows the probationary period when they get their license, 2 years, 6 points its bye bye and start again thems the rules whether we like them or not.

AdrianC

Inch_High wrote: »

If he offered him a ticket he did.

So Mr Policeman says "Here y'go, three point FPN" at the scene. You are adamant that that will stick, yes?

Even if, say, the OP turns out to have at least 9pts - or, being a noob - 3 already? Nope. It will _always_ go to court then, and the decision as to points is in the magistrate's hands solely. The Policeman can only issue an SP30 ticket and make a recommendation as to the penalty.

Inch_High_2

AdrianC wrote: »

So Mr Policeman says "Here y'go, three point FPN" at the scene. You are adamant that that will stick, yes?

Even if, say, the OP turns out to have at least 9pts - or, being a noob - 3 already? Nope. It will _always_ go to court then, and the decision as to points is in the magistrate's hands solely. The Policeman can only issue an SP30 ticket and make a recommendation as to the penalty.

Link please?

If he issues a fixed penalty notice, that's exactly what it is fixed. Three points and £100 fine.

A new driver who already has 3 points can have another ticket as it's the dvla who revoke not the court. Plenty examples of new drivers leaving court with six points and a licence.

AdrianC

Inch_High wrote: »

If he issues a fixed penalty notice, that's exactly what it is fixed. Three points and £100 fine.

Even if they're already on nine? Even if they don't bother to take their licence in to the police station?

As you say... Link, please.

Inch_High_2

AdrianC wrote: »

Even if they're already on nine? Even if they don't bother to take their licence in to the police station?

As you say... Link, please.

The op wasn't on 9 points so that's irrelevant.

Whether or not they produce is another matter so I stand by the fact the can issue 3 points. But for some reason you want to be a !!!!!! about it and it's not helping the op.

From your advice this week I wonder if you even drive.

AdrianC

Ah... We're _both_ right.

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/
The policeman _can_ issue a binding FPN at the roadside, but ONLY if the driver surrenders the licence (both parts if it's a photocard) there and then, and if there's no likelihood of disqualification. Otherwise, a provisional ticket is issued, and the results of that depend on the production back at the station. Since the OP didn't turn up at the station with licence, a provisional FPN issued at roadside would not have resulted in an actual FPN.