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Court Summons for Speeding Plea of Mitigation Advice

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  • Court Summons for Speeding Plea of Mitigation Advice

    Hi Everyone, I'm a newbie and I've been caught doing 51 on a 30 road in Scotland, and i received court summons for this after sending a NIP as i'm the named driver. I'm going to plead guilty and thinking about writing a mitigation statement, however i have some issues that i need to address. I'm a immigrant and i'm at the stage where i can apply for an indefinite leave to remain, but having a criminal conviction would mean automatic refusal, is there any way i could get fine and points but not a conviction? Also the court date is 28th December and i'm leaving country on 12th December and returning on 18th January, so if i get the fine and points, there is a chance i might miss the deadline to pay it because i wont have access to post, so i'm requesting extension of 30 days to pay the fine. Please let me know if i can draft the letter any better, or suggestions on how to draft it professionally

    Thanks in Advance

    Dear Sirs


    In order to reduce the courts time I plead guilty to my speeding offence and accept full responsibility for my actions on that day.
    Travelling over speed-limit is inexcusable, and I will accept any punishment that the court wishes to impose on me. However, I would like you to consider the following circumstances before passing the judgement.
    I accept that this was a grave error of judgment and a lapse in concentration. I would like you to consider my driving record to date of over 5 years with no incidents in this time and my current clean driving license as confirmation of my usually high standard of driving with care and consideration to other road users and pedestrians alike. I regret my action on that day and I know only too well the dangers of driving above the limits and know I have now tarnished my driving record.
    I moved into UK in 2010 to study in search of better future and opportunities and have been a very good immigrant in this country. I built a clean immigration history and I’m at the stage when I am eligible to apply for Indefinite leave to remain in the country, however due to my couple of minutes of lapse in concentration and having a conviction would mean automatic refusal and would leave me with no other option than leaving UK where I and my partner have considered home.
    I also request you to extend the time that I’m required to pay the fine by an extra 30 days because I will be leaving the country on 12th December 2018 returning back on 18th January 2019, and I won’t be able to access the post and worried that I might miss the deadline to pay the fine

    I have enclosed my driving licence and means form and would ask if this could also be considered when setting the fine and length of time I have to pay.


    Yours
    Tags: None

  • #2
    Hi and welcome

    As you are pleading guilty, you will have a conviction on your record.

    I don't know your full status, (or much about immigration law) but you might find this link useful (https://www.wmimmigration.com/indefi...ffic-offences/)
    good luck

    Comment


    • #3
      Originally posted by des8 View Post
      Hi and welcome

      As you are pleading guilty, you will have a conviction on your record.

      I don't know your full status, (or much about immigration law) but you might find this link useful (https://www.wmimmigration.com/indefi...ffic-offences/)
      good luck
      Thanks for the link, That's the first link I've seen regarding this summons, I might have to wait 24 months before applying, but my current visa expires in November next year and i don't have 24 months to wait and apply, which means i would need to leave, that's the reason i'm really concerned.

      What do you think about the plea? any suggestions?

      Comment


      • #4
        Your offence could result in a sentence of disqualification of between 7 to 56 days OR 6 points on your licence.
        The fine will be upto 150% of relevant income
        A mitigation plea might help lessen the penalties

        Mitigation reasons (if true) could include not being aware of the speed limit, saying the roads were quiet as it was late at night, or being in a rush and saying it was an emergency.

        Your main personal reason might well assist in reducing the penalty, but it won't stop the conviction.
        Did you note the advice about changing to a tier2general visa. Could that help you?

        Comment


        • #5
          Originally posted by des8 View Post
          Your offence could result in a sentence of disqualification of between 7 to 56 days OR 6 points on your licence.
          The fine will be upto 150% of relevant income
          A mitigation plea might help lessen the penalties

          Mitigation reasons (if true) could include not being aware of the speed limit, saying the roads were quiet as it was late at night, or being in a rush and saying it was an emergency.

          Your main personal reason might well assist in reducing the penalty, but it won't stop the conviction.
          Did you note the advice about changing to a tier2general visa. Could that help you?
          I'm already on a Tier 2 General visa, and the maximum i can be on it is 6 years, and my 6 years will end in Nov 2019 and that would mean end of my stay if i cant secure ILR

          Comment


          • #6
            So you have a choice of pleading not guilty because of some technical error in the prosecution case
            or trying to persuade the Home Office to allow you to stay
            or (I think) via your partner's eligibility to remain in the UK

            Comment

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