Advice on Traffic offence

ilusion

Hi folks,

Looking for advice on my situation..

I got caught on the M4 doing 84mph in a temp. 50mph speed restricted section..
I applied to take the driver awarness course and that was turned down by the Police..

I've been sent a Single Justice Procedure Notice to enter a plea.. so I have a few questions..
No question of being guilty.. it was early hours of the morning.. returning home from a long working day and the temp. section of 50mph was/is a no longer then a mile long..
I missed doing a slightly above motorway speed..

On the notice I need to fill in.. there are two options o Guilty.. not attending court or attending..
Will the verdict be the same whether I attend court or skip?

Based on the infraction what kind penalty am I looking at?
Fine and points (cannot afford to loose the license)
Thank you for any comments and advice..

TonyMMM

That amount over the limit = 6 points OR a short disqualification (up to 56 days), and a Band C fine (about 150% of weekly income) .....if the SJPN think a ban is to be considered they will require you to attend court.

tberry6686

suggested penalty is 6 points or short ban (7-56 days) and a fine of 150% of weekly income. Do you have any point's on your license at present ?

Warwick_Hunt

Although they're unlikely to ban.

ilusion

Hi all,

Thanks for the quick response..

I carry a foreign EU license that use to be a South African license before and I presume they would create a points record for me..

I have never been in this situation.. no points.. no court visits etc..

Would it be better to attend court or tick off tick off that I do not wish to attend?

Thanks

Car_54

The Single Justice Procedure is designed to deal with guilty pleas quickly and efficiently. A single magistrate, sitting in private, decides the sentence. You cannot attend.

If you opt to attend (or if the Single Justice considers disqualification is appropriate), the case will be referred to a normal Magistrates' Court hearing. If they decide to disqualify, and you're present, the ban will be immediate - so do not drive to court. If you're not there, you'll be summonsed to attend at a later date.

There seems to be nothing you can say in mitigation (you were doing 20% over the highest UK limit). Opinions vary about the merits of attending or otherwise.

IanMSpencer

You have absolutely no mitigation. The best thing is to simply accept the process, I would not attend, with a comment to the effect of "I do not wish to take the court's time in attending as I have no mitigation to offer." just to hopefully point them in the right direction of ticking the box without thinking too hard about the 84mph bit.

The magistrate is more likely to look kindly on someone accepting guilt and not messing about than someone trying to minimise or suggest that they are going to change their ways which will be insincere. 84mph is an offence without the roadworks ("I missed doing a slightly above motorway speed" - 84mph is way above 70mph and would have easily been a fixed penalty - if it was 86mph it would be a summons, so it would be foolish to suggest it was anything but deliberate speeding).

If you do end up attending, don't say anything about "only a mile", "long working day" (suggesting tired and unfit to drive) or only a "bit above the speed limit" - it was prosecutable without the road works limit. Simply stick to very sorry, look suitably sheepish and guilty and say nothing and they may be inclined to accept that you are genuinely sorry for speeding.

No point going to Pepipoo or similar for a loophole as you accept that you were doing the speed and there isn't really any way you'd get a loophole on this one. No point paying for a motoring lawyer.

The only thing you might want to consider is if they suggest a ban (which will require you to attend). You cannot argue for hardship to yourself, including loss of job, that's part of the understanding of the offence when the tariff was set that there is a risk to some people. If you get invited to court, you might want to discuss it on Pepipoo where they are pretty good on what is likely to be acceptable (with the caveat that magistrates are a bit of a lottery as to how they react).

AdrianC

Warwick_Hunt wrote: »

Although they're unlikely to ban.

For 84 in a temporary 50...? I'd have thought a ban was a very real possibility, tbh.

OP - I'm astonished you ever thought a half day of tea and biscuits was on the cards... 84 is only 2mph below the upper end of a course in an unrestricted 70. In a 50, you're a full 10mph over the upper end for a fixed penalty. Add in the roadworks restriction, and you're definitely at risk of walking home.


My first thought was "Attend, suited and booted, and have a very convincing apology to hand" - but I can see the logic in Ian's approach. Given your attempts at justification in your post, it's probably safer for you that you don't attend...

ilusion

Thank you for all your comments and advice..

There is no justification in my case.. what I ment to say in my first post was that I completely missed the signs 50mph section and was cruising slightly above the normal motorway normal max. anxious to get home.. mind set elsewere..

Because I travel alot to London.. I often stop to rest at service stations.. which was the case on this occasion..

Regardless.. no execuses I'll be lucky to get away with points and fine.. judging by all comments..
Just two more questions.. please

Would you recomend submitting the plea online?
and how I long will it take for a sentence reply?

DoaM

Submit the plea by whatever method the SJPN offers you.

Car_54

ilusion wrote: »

Thank you for all your comments and advice..

There is no justification in my case.. what I ment to say in my first post was that I completely missed the signs 50mph section and was cruising slightly above the normal motorway normal max. anxious to get home.. mind set elsewere..

Er ... 20% above the limit! I wouldn't mention that in court either.