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Single justice procedure 99mph

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Comments

  • Herzlos
    Herzlos Posts: 16,624 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    You're much better accepting it and the points, then driving like your kid relies on you not getting further points.

    Going to court is just going to waste time and cost you more, plus it would make it possible for you to get the ban rather than the points.

  • Keep_pedalling
    Keep_pedalling Posts: 23,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Presumably you don’t already have 6+ points on your license otherwise you would be facing a totting up ban and would be having to appear in court

    At 99 mph in a 70 you are looking at the top end of 4-6 points. Just plead guilty and try to avoid more points while you have those on your licence.

  • TooManyPoints
    TooManyPoints Posts: 1,811 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker

    “…plus it would make it possible for you to get the ban rather than the points.”

    That would always be a possibility whether he opted for a court appearance or not. Agreeing to have the matter heard under the Single Justice Procedure does not remove the possibility of a ban – it simply postpones it.

    There is an argument that suggests that opting for a court appearance lessens the chances of avoiding a ban in cases which are “on the cusp” of disqualification. In order to see a ban imposed, a defendant having his case heard by the SJ will firstly have the chance that the SJ does not believe a ban should be considered (in which case he will receive points and that will be the end of the matter).

    Only if the SJ does not find points appropriate will he then have to rely on two out of the three Magistrates (or a District Judge siting alone) agreeing to impose points instead of a ban.

    So this does give him an extra bite of the cherry and he will always have the opportunity of a personal appearance if the SJ finds against him.

  • LightFlare
    LightFlare Posts: 1,946 Forumite
    1,000 Posts Third Anniversary Name Dropper

    Just to add - writing something in the mitigation section rarely acts as intended

    Apart from medical emergency- there is not a lot that can be used.

    Typically, what people think is mitigation is the polar opposite

  • TooManyPoints
    TooManyPoints Posts: 1,811 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker

    Indeed.

    Among the most popular phrases for “mitigation” are “the conditions were good” and “the traffic was light”.

    These both give the court the impression that the defendant thinks it is perfectly acceptable to gun it provided circumstances are favourable.

    It goes without saying that it isn’t and far from being mitigation, these terms actually aggravate the offence.

    Speeding in poor conditions aggravates an offence; doing so in favourable conditions does not mitigate it.

    Similarly with “remorse.” Few drivers are remorseful for speeding unless they are caught. It’s a platitude which cuts no ice.

    Less said the better in most circumstances.

  • Was the car in question an Audi? These cars are notorious for having faulty speedometers.

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