Single Justice Procedure Notice

fr0zen

I received a Single Justice Procedure Notice on 21.06.2019, being charged with the driving offense, speeding with 21 days to please guilty or not guilty.


The offence in question happened on 04.05.2019, so it took then exactly seven weeks to send this to me.


I was stopped by an officer using a Pro Laser 4 speed detection device at 50mph in a 30mph zone. I was not issued anything at the time but after a conversation with the office, I was informed to go on my way and I would be sent something in the post.


Obviously I understanding speeding is not sensible but I need to understand my options.


Am I correct to assume because the officer informed me verbally that I would receive an NIP, this counteracts the 14 day notice period to send one in the post, so I cant use that as an excuse?



Also, the report issued by the officer says I made no comment, but I made several comments which he said he would include within the report when issued which would act as mitigating circumstances)


Its probably too fast for a speed awareness course and I can't afford to get 4-6 points on my licence.

a.turner

You had your verbal NIP at the roadside and if you're too fast for 3 points that's down to you.

I can't really see what you did or didn't say making any difference to sentencing.

Aylesbury_Duck

fr0zen wrote: »

I received a Single Justice Procedure Notice on 21.06.2019, being charged with the driving offense, speeding with 21 days to please guilty or not guilty.

The offence in question happened on 04.05.2019, so it took then exactly seven weeks to send this to me.

I was stopped by an officer using a Pro Laser 4 speed detection device at 50mph in a 30mph zone. I was not issued anything at the time but after a conversation with the office, I was informed to go on my way and I would be sent something in the post.

Obviously I understanding speeding is not sensible but I need to understand my options.

Am I correct to assume because the officer informed me verbally that I would receive an NIP, this counteracts the 14 day notice period to send one in the post, so I cant use that as an excuse?

Also, the report issued by the officer says I made no comment, but I made several comments which he said he would include within the report when issued which would act as mitigating circumstances)

Its probably too fast for a speed awareness course and I can't afford to get 4-6 points on my licence.

You already had options, to speed or not, even knowing you couldn't afford to get caught. 50mph in a 30mph zone isn't an accidental inattentive lapse. What advice is anyone going to give that you will heed anyway?

Plead guilty (because you are), accept whatever punishment arises and if you need to, save up for a bike or public transport and if you don't, some refresher driving lessons. It would be a good investment.

TonyMMM

fr0zen wrote: »

Its probably too fast for a speed awareness course and I can't afford to get 4-6 points on my licence.

Way too fast for a course.

You can include any mitigation with the plea form, but there isn't much you could say that would help. The SJPN system tends to sentence at or very close the guidelines - so it will be 4-6 points and a fine related to your income.

TadleyBaggie

fr0zen wrote: »

Its probably too fast for a speed awareness course and I can't afford to get 4-6 points on my licence.

42 is the highest speed in a 30 where a course will be offered. If you have SJPN then points (4-6) and a band B fine (75 – 125% of relevant weekly income) is inevitable (less a 33% discount for an early guilty plea). There will also be costs and surcharge on top.

TadleyBaggie

Also be careful with mitigation, sometimes points made may be seen as aggravation instead, e.g. lack of concentration, late for a meeting etc.

Jackmydad

Sounds to me as if the OP is going to have to accept whatever is decided.
If it was me, unless there really was some mitigating circumstance, and I'd spoken to a solicitor, I'd.
Plead guilty.
Say I was sorry and I'd be more careful in future.
Take whatever was chucked at me.
And then be a lot more careful in future!

fr0zen

TonyMMM wrote: »

Way too fast for a course.

You can include any mitigation with the plea form, but there isn't much you could say that would help. The SJPN system tends to sentence at or very close the guidelines - so it will be 4-6 points and a fine related to your income.

The irony with this particular situation is I was plodding along at 30-35mph for the previous 3 mile stretch and as I was overtaking an erratic lorry driver, I built up speed to pass him and move back over to the inside lane before taking the next slip road. It is unfortunate that at that exact point of maximum acceleration, a man in yellow stepped out in the road and clocked me at 50mph.


Obviously those are not sufficient mitigating circumstances, but having held a clean driving licence for 10+ years, doing executive chauffeuring as a profession and holding several advanced driving certification accreditations, could be seen slightly more favourably that a spotty 19yo kid in his lowered fiesta with a custom exhaust.


After explaining the above the officer, he did say just to make my way and I thought he was going to just let me go but he said he could not use his discretion at that speed. He was very sneaky that he did not include anything I mentioned to him within his report, which he agreed to include. The report said I made no comment, so perhaps in the same light, he made no comment either and therefore the verbal NIP did not take place.

a.turner

fr0zen wrote: »

The irony with this particular situation is I was plodding along at 30-35mph for the previous 3 mile stretch and as I was overtaking an erratic lorry driver, I built up speed to pass him and move back over to the inside lane before taking the next slip road. It is unfortunate that at that exact point of maximum acceleration, a man in yellow stepped out in the road and clocked me at 50mph.


Obviously those are not sufficient mitigating circumstances, but having held a clean driving licence for 10+ years, doing executive chauffeuring as a profession and holding several advanced driving certification accreditations, could be seen slightly more favourably that a spotty 19yo kid in his lowered fiesta with a custom exhaust.


After explaining the above the officer, he did say just to make my way and I thought he was going to just let me go but he said he could not use his discretion at that speed. He was very sneaky that he did not include anything I mentioned to him within his report, which he agreed to include. The report said I made no comment, so perhaps in the same light, he made no comment either and therefore the verbal NIP did not take place.

Did you get a copy of the TOR?

lopsyfa

fr0zen wrote: »

The irony with this particular situation is I was plodding along at 30-35mph for the previous 3 mile stretch and as I was overtaking an erratic lorry driver, I built up speed to pass him and move back over to the inside lane before taking the next slip road. It is unfortunate that at that exact point of maximum acceleration, a man in yellow stepped out in the road and clocked me at 50mph.


Obviously those are not sufficient mitigating circumstances, but having held a clean driving licence for 10+ years, doing executive chauffeuring as a profession and holding several advanced driving certification accreditations, could be seen slightly more favourably that a spotty 19yo kid in his lowered fiesta with a custom exhaust.


After explaining the above the officer, he did say just to make my way and I thought he was going to just let me go but he said he could not use his discretion at that speed. He was very sneaky that he did not include anything I mentioned to him within his report, which he agreed to include. The report said I made no comment, so perhaps in the same light, he made no comment either and therefore the verbal NIP did not take place.

I would have thought that makes your offence even worse because you should know better. This not a good excuse at all.

TonyMMM

fr0zen wrote: »

The irony with this particular situation is I was plodding along at 30-35mph for the previous 3 mile stretch and as I was overtaking an erratic lorry driver, I built up speed to pass him ...

I wouldn't put that as mitigation .... magistrates don't like drivers who try and suggest overtaking is a defence to speeding.