How to Appeal against a Speeding Conviction

hollie.weimeraner

Although the OP has not clarified or responded I suspect he was issued with a FPN (3 points for speeding) but as he has already admitted he didn't produce his documents at the Police station therefore a summons would have been issued for speeding and also failing to produce his licence (further 3 points). He has then compounded it by failing to attend court and throwing himself at the mercy of the magistrates. Pretty sure there's no going back now.


Hope he clarifies it.

Inch_High_2

hollie.weimeraner wrote: »

Although the OP has not clarified or responded I suspect he was issued with a FPN (3 points for speeding) but as he has already admitted he didn't produce his documents at the Police station therefore a summons would have been issued for speeding and also failing to produce his licence (further 3 points). He has then compounded it by failing to attend court and throwing himself at the mercy of the magistrates. Pretty sure there's no going back now.


Hope he clarifies it.

He wouldn't get a separate penalty in the way of points for the second offence.

thenudeone

hollie.weimeraner wrote: »

.. and also failing to produce his licence (further 3 points).

Failing to produce a driving licence is not an endorsable offence, so zero points there.

Raheel_Akhtar

dacouch wrote: »

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

It was 50 MPH zone and I was on 80-85 MPH

System

I'm surprised that was an FPN. At that speed it would normally be a summons

Raheel_Akhtar

Aretnap wrote: »

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 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.

Thank you very much for your detailed answer and advice, it was 50 MPH zone and I was driving around 80-85 MPH. I have learn my lesson and it is best to do things from scratch and this time keep my foot in control.

Thanks a lot

AdrianC

Raheel_Akhtar wrote: »

it was 50 MPH zone and I was driving around 80-85 MPH.

On the North Circular...

What speed did he actually report you for? Assuming it was 80-85, do you really think there was a snowball in hell's chance of a speed awareness course? You're about 20mph above that...

Honestly, you're lucky to have got 6pts/£75, rather than be staring at a ban on your record...

Aretnap

AdrianC wrote: »

Honestly, you're lucky to have got 6pts/£75, rather than be staring at a ban on your record...

That's debateable. For some reason (perhaps an oversight on the part of the drafters) a ban does not trigger the provisions of the New Drivers Act, so a new driver who gets a short ban can drive as normal again as soon as it is over. Arguably this would be preferable to getting 6 points and reverting to learner status for an indefinite period. Indeed enough new drivers specifically ask for a ban in preference to points that magistrates have been given specific guidance NOT to grant such requests in most cases, as they should not try to subvert the intent behind the act.

In any event the guidelines clearly state that for 80-85 in a 50 you should get 6 points OR a ban of up to 8 weeks, so any appeal aimed at getting the number of points down to 5 or below would almost certainly be unsuccessful. It's a bit late to say it now, but if the policeman did offer you a fixed penalty at that sort of speed, you should have bitten his hand off.

skivenov

If you think 6pts and £75 is annoying, you'll probably be at least moderately irritated by the outcome if you go to court!

AdrianC

Aretnap wrote: »

That's debateable. For some reason (perhaps an oversight on the part of the drafters) a ban does not trigger the provisions of the New Drivers Act, so a new driver who gets a short ban can drive as normal again as soon as it is over. Arguably this would be preferable to getting 6 points and reverting to learner status for an indefinite period.

Furry muff.

I was thinking for future insurance purposes having a 6pt speeding on there would be less expensive than a ban.