Fellow clio-ers need legal advice

[colwill197]

Hi all,

So need some but of advice on a legal matter. In march me and my brother were travelling from London to Bristol because our grandad had been taken critically ill and they said there was nout they could do and that it was a matter of time. So we set off I the motorway at around 9ish by the time we hit the roadworks near Bristol on the m3 it was dead not a soul in site.

two weeks later letter comes through and I have to go to court. So letters go back and fourth and court date is set for 23rd September (next Monday) I sent off all relevant documents to plead by post about income and the circumstances of the fact I was speeding (caught doing 75 in dead 50mph roadworks)

sent it it off last Thursday (13th) recorded and post office have I imagine lost it as when I track it, it says still in their delivery network. I phoned Taunton magistrates on Wednesday and they said if it hasn't turned up by Friday morning then to call them and we will go from there

i expect 3 points but wondered if anyone else had had a similar issue and whether I will now have to attend blind or if it will be ajourned to a later date?

any advice/feedback welcome

cheers guys

 

[Fernandez]

Iirc 75mph is the cut off for a 3 point fixed penalty in a 50 zone. You could be looking 6 points or even a ban tbf. Courts don't like people speeding in saftey zones and you tend to find that sentences can be higher if convicted in your absence.

If I was in your position I'd get a lawyer and attend the court date. Explain to the bench in person your mitigating circumstances, rushing to get to your families bedside isn't a licence to break the law but the extreme distress and emotional stress caused a temporary lack of judgement leading you to speed for a moment. When you realised your error you obviously slowed down.

 

[colwill197]

Hi Fernandez,

thanks for your reply you are a legend of clio197 from what I've gathered since I joined. So actually this could be a blessing that they could adjourn it and I can appear in person rather than by post?

 

[Mentalpen]

defo do it in person and have documents to back your story up.

personally i think your screwed (i don't think they give a toss) but if your going to fight it do it properly.

good luck

 

[colwill197]

What makes you think that? There were no cars or workers. On both your advice I reckon if it's adjourned I will attend though.. Hopefully the adjourn it a month as insurance renewal is up in October

 

[Fernandez]

Check out this website

http://www.speedingfinesuk.co.uk/free_legal_advice/calculator.php?dl=0&pp=0&sp=50&sa=75&Submit=Calculate

 

[Mentalpen]

What makes you think that? There were no cars or workers. On both your advice I reckon if it's adjourned I will attend though.. Hopefully the adjourn it a month as insurance renewal is up in October

Because you were speeding in a safety zone. They won't give a toss as too your reason.

The fact that there was no one working or cars on the road was pure luck and the fact that there wasn't probably meant you didn't crash and kill 1,000,000 people in the process.

Just my opinion like, lad at work is a JP and its exactly like he thinks. Anyone breaking and entering is a much understood member of the community who requires 3000 chances.

Where as you are scum of the earth who was simply trying to get to hospital.

I've had many an argument with him about it.

 

[colwill197]

Had to read that a few times to get it but I see your point I will get worse punishment than an actual crime like breaking an entering. What's a JP out of interest sorry?

 

[Fernandez]

JP is a justice of the peace (magistrate)

 

[colwill197]

Reading what Fernandez posted I don't think ill get a ban so max is 6 points hopefully if I get a nice panel get 3 points. It says if their is a prospect of a ban then plea by post would be refused. When I spoke to them on the phone on Wednesday they said it was fine to send by post

 

[colwill197]

Does mentalpenwork in the justice system then? Guess its luck of the draw on the jury I get

 

[Fernandez]

If you want to get off it then you need Nick Freeman as your brief. He's the guy that gets the rich and famous off their motoring offences. He's also writen a book about it.

http://www.nickfreemansolicitors.co.uk/motoring-offences/speeding

 

[Gilmos1]

Were you caught in the roadworks on the M4 approaching the M32/M5 near Bristol? They have average speed cameras in the road works. So was your average speed clocked at 75mph?

 

[Roy]

Son in law was caught doing 65 on the same stretch of motorway 4 weeks ago (idiot) he got £60 and 3 points and a sever bollicking

 

[Mentalpen]

Does mentalpenwork in the justice system then? Guess its luck of the draw on the jury I get

Lord no but anyone can be a magistrate (within reason), you simply apply and give up your free time for it although my employer gives him time off.

In short you get 3 do gooders and then someone sat at the side that coughs now and then to make sure they don't make their own rules up.

 

[lostmotel]

Not much more to add, but get yourself on Pepipoo and see what their advice is.

Court may be a good thing, if you can deal with it, you may get away with a ban and fine, but no points.

Good luck.

 

[ranger4tk]

If its your first offence, then maybe you will get 3 and a course or something. As that stretch is a long stretch with plenty of signs, warnings and visible works going on, trying to blag your way out of it will be difficult, but still probably better to attend in person. Make sure you have a copy of all correspondence, especailly the one that was lost. If you are dead certain bout fighting it, solicitors aint cheap.

You could use the point from Fernandez, but be weary as they may have data from all the cameras you passed, and if you stuck at a constant speed of 75 on cruise, and never slowed through the roadworks, they may be able to see that in front of them and therefore shaft you more for saying something that is false.

They never allow you to see the evidence, you may be able to say that you have now seen the evidence and would like to adjourn so you can prepare your case, as the evidence of the offence is never produced to you when they send you the letter. (which tbh should be changed)

 

[colwill197]

It was average speed so I am not going to fight it on that front. I also got sent all the evidence in the post of the two photos and the time it took etc. I am not opposing that I was speeding or anything like that. I just don't want 6 points that's all. I'd take a months ban if need be over points or a driving awareness and points or anything. I have 3 points already which isn't good so if I get 6 then I am dangerously close to losing my license. I don't particularly want a lawyer to fight as I have nothing to fight. I was wrong I just had unforeseen circumstances. I will take whatever I get I guess. Does anyone know what will happen due to Royal Mail losing my plea? Will it be adjourned?

 

[Fernandez]

As you've been in contact with them and they are aware of the Royal Mail issue you probably stand a good chance of an adjournment. The points you already have could be an issue though and will be a deciding factor in your sentence. If they are for speeding you won't get offered a speed awareness course.

Also a months ban might sound better but in reality a ban on your licence is much worse and will cost you more in the long run than 9 points sitting on your licence.

You also mentioned that you have a renewal in October for insurance, if the court adjourned for a month you are legally bound to inform your insurance company of any pending convictions. Its a ****ter of a situation to be in really.

 

[mitchell197]

Ah mate, I'm so sorry about you grandad, away from the impending court case, is he ok now?

Back to it, get yourself geared up for the case, lawyer, knowledge of limits, speeding fines, roads, proof of where you had to be.... etc

I imagine they most certainly will need, not want, to give you points and a hefty fine, mainly in view that despite the fact there was no one working on it, you could have spun off the road around all the highway agency road equipment causing yourself and your brotther to be seriously hurt or even killed, and cause thousands of pounds worth of road and collateral damage.

Best of luck, hope all is well with your family, I very recently had a similar family emergency.