Single Justice Procedure Notice

esmerobbo

An officer would only add anything you said after he had cautioned you, anything before that is not relevant.

If you want to run with the "he didn't give me a verbal NIP" good luck with that!

Why didn't you slow down away from the erratic lorry and leave at the next junction rather then overtake an erratic driver and then leave the carriageway? Which is what a magistrate may think would have been the correct thing to do.

AdrianC

So you were "plodding along" at 30-35, but were nicked for 50 - and that's too high for a course? A course would be available at up to 53 in a 40... So what was the limit?

a.turner

AdrianC wrote: »

So you were "plodding along" at 30-35, but were nicked for 50 - and that's too high for a course? A course would be available at up to 53 in a 40... So what was the limit?

The OP says 30.

AdrianC

Ah, yes... And, of course, that explains why it's gone straight to SJPN, do not pass FPN, do not pay £100.

So I'm really not sure "Well, I needed to get past the wagon plodding along at 30-35" is great mitigation.

Manxman_in_exile

So for the previous three miles you'd been following a lorry "plodding" along, and you decide to overtake it just before you take the next exit? And you break the limit to do so. :T

fr0zen

a.turner wrote: »

Did you get a copy of the TOR?

I received nothing. I got pulled over along with several other cars. The officer took my licence and went to do something for a few minutes. He came back and we had a 5 minute chat, with me telling him that he could use the discretion afforded to him and let me go with a warning. He said I don't think I can do that and said you go on your way and he mumbled something like I will send you something in the post and you can appeal it or whatever.


I thought for the last 6 weeks that he was a nice copper and didn't actually write it up and then a few days ago, I got the SJPN.

societys_child

. . we had a 5 minute chat, with me telling him that he could use the discretion afforded to him and let me go . .

:rotfl:

Maybe after listening to how good a driver you are, and that you should be allowed to exceed the limit because:

having held a clean driving licence for 10+ years, doing executive chauffeuring as a profession and holding several advanced driving certification accreditations

. . he'd heard enough?

Aylesbury_Duck

fr0zen wrote: »

I received nothing. I got pulled over along with several other cars. The officer took my licence and went to do something for a few minutes. He came back and we had a 5 minute chat, with me telling him that he could use the discretion afforded to him and let me go with a warning. He said I don't think I can do that and said you go on your way and he mumbled something like I will send you something in the post and you can appeal it or whatever.


I thought for the last 6 weeks that he was a nice copper and didn't actually write it up and then a few days ago, I got the SJPN.

And this is why you've been caught and will get points and a fine. You have a surfeit of complacency and a deficit of self-awareness. The best advice? Take some refresher lessons to improve your judgement and situational awareness.

DUTR

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.

The real irony is... had you just waited a little longer you wouldn't be in this situation now, the lorry had still got to the end of the road before you, the extra time to wait is shorter than the time you are spending to resolve this (whether guilty or not)
I'm not preaching as I probably exceed some speed limit across most if not all journeys made .
It is just unfortunate that this time you got caught, I'm sure there were speed trap camera signs along that section of road?

TooManyPoints

At 49mph you would have almost certainly been offered a fixed penalty (£100 and three points). Unfortunately you are now looking at an almost certain six points. That speed is in the middle band (of three) of "seriousness". It covers 41-50mph and the guideline penalty is either a short ban (unlikely) or 4 to 6 points. You are at the top of the speed band so can expect the top of the range of points.

You asked what your choices are:

1. Plead guilty and accept the Single justice dealing with the matter.
2. Plead guilty and ask for a court hearing (not likely to produce different results from (1) above)
3. Plead Not Guilty (but from what you've said you don't appear to have a defence).