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Single justice procedure 99mph

cfq1718
cfq1718 Posts: 13 Forumite
Second Anniversary Name Dropper First Post
edited 16 September at 8:15PM in Motoring

Hello, I was pulled over doing 99mph a few months ago on a dual carriageway with a 70mph limit. I am guilty and have no legitimate reason for driving at that speed. I have just received a single justice procedure notice. I have a few questions:

  • Is there any benefit to saying that I want to go to court?
  • If I say I don't want to go to court, is there any benefit to expressing remorse in the 'mitigation' box on the single justice procedure website? I don't know if a ban would be considered for this speed but I have a disabled son that needs to be driven around including to A&E frequently and urgently. Is it worth including that

Thank you

«1

Comments

  • HampshireH
    HampshireH Posts: 5,071 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper

    What would your reason for asking to go to court be? Surely that's a waste of everyone's time if You're admitting guilt

    Genuine question what would going to court achieve?

  • cfq1718
    cfq1718 Posts: 13 Forumite
    Second Anniversary Name Dropper First Post

    I read something online that said it looks better if you go to court in a suit and tie and seem remorseful

  • Mildly_Miffed
    Mildly_Miffed Posts: 2,626 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper

    Unless you're going for the "serious hardship to somebody else" line, then I rather suspect you are going to be lucky not to be walking for a while.

    If you are, then be very clear that this is NOT you that'll be suffering from a ban, but somebody else/a group that are ABSOLUTELY dependent upon you being able to drive, and why.

    Otherwise, they've heard it all before, and they don't need to waste their time looking at you.

  • Okell
    Okell Posts: 3,931 Forumite
    1,000 Posts Third Anniversary Name Dropper

    "…  I don't know if a ban would be considered for this speed but I have a disabled son that needs to be driven around including to A&E frequently and urgently. Is it worth including that"

    You could try but it might invite the embarrassing question as to why you would be so irresponsible and/or arrogant as to risk losing your licence by driving at more than 40% over the speed limit.

    Don't you care about your disabled son?

  • facade
    facade Posts: 8,193 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    You can't be banned remotely at an SJP. (One reason is because a ban takes effect as soon as it is issued, and you wouldn't know)

    If the Court are considering a ban then you will be told to attend a hearing, at which time you would present your "exceptional hardship" argument. (But don't drive there, as a ban is instant and you can't drive back…)

    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • cpbackhouse
    cpbackhouse Posts: 101 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    Its interesting that they have logged you at 99mph rather than 100mph.
    I am no expert but I believe that once you hit 100 and above the penalties are harsher with many people below only receiving points and a sizeable fine where 100 and over a ban is far more likely.

    As I say Im not a motoring expert but that I what I have read

  • Woodstok2000
    Woodstok2000 Posts: 2,133 Forumite
    1,000 Posts Second Anniversary Name Dropper

    Band B so you are looking at 4-6 points plus a fine up to £1000, plus a discretionary ban of 7-28 days (if the magistrate decides to apply that penalty). SJP usually reduces the fine by 33%, so thats a positive. I dont think a magistrate would be swayed by an in person appearance - they dont want to see you, so it may make it worse! you can submit a mitigation letter with your response to the sjp by post or online.

  • Mildly_Miffed
    Mildly_Miffed Posts: 2,626 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper

    Of course, the questions arising from that will include…

    No other parent/family/carer available?
    No public transport, including taxis or dial-a-ride or hospital transport?

    "It's going to be a bit inconvenient" is not sufficient.

    A speedo-indicated speed likely to be WELL north into three figures is not something you drift into without noticing.

  • TooManyPoints
    TooManyPoints Posts: 1,811 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 17 September at 8:05AM

    Is there any benefit to saying that I want to go to court?

    Not if you intend pleading guilty.

    If I say I don't want to go to court, is there any benefit to expressing remorse in the 'mitigation' box on the single justice procedure website?

    None whatsoever. Sentencing for speeding is quite prescriptive and there is rarely anything to be said which will significantly alter the outcome.

    I don't know if a ban would be considered for this speed.

    The guidelines suggest either a ban of up to 28 days or 4-6 points. Six points is the overwhelming likelihood.

    …but I have a disabled son that needs to be driven around including to A&E frequently and urgently. Is it worth including that

    As above, the SJ will not ban you in your absence. If the SJ believes a ban should be considered, your case will be adjourned to a hearing in the normal Magistrates’ Court and you will be asked to attend. You can explain what effect a ban will have on you or others then.

    You should note that, in that eventuality, although the court will take on board what you say, you have no right to make a formal "exceptional hardship" argument. That. is only available for "totting up" bans.

    However, I am quite confident the outcome will be six points.

  • Car_54
    Car_54 Posts: 9,199 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    As above, six points is most likely.

    In the unlikely event of a ban, it will be very short., so "exceptional hardship" is hard to argue.

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