Court date after pleading guilty via SJPN

[Guest]

Hi there,

Earlier this year I was caught speeding excessively in Cardiff - 70 in a 30 on the a470. (I live in England).

Received the PCN and confirmed my details then it was immediately passed over to be dealt with via SJPN due to the high speed. I didn’t seek any legal advice at this point.
I plead guilty online and can’t remember exactly what I put in mitigation but was along the lines of ‘I care for my sister who struggles with mental health issues. I was responding to a crisis and in my haste/being unfamiliar with the area mistook the road for a dual carriageway. I do understand the gravitas of driving at such speed and am appalled at my own actions.’

I know that speeding is an absolute offence and I am guilty of it regardless of whether I misjudged the road type. I wondered if it is standard practise to have to attend court even if you have plead guilty online? Is this so that they can give me a ban?

I currently have no points on my license (think I might have had 3 at the time of the offence earlier this year which have now dropped off).

Thank you in advance for any guidance

[islandgirl]

https://www.sentencingcouncil.org.uk...-revised-2017/
Here are the guidelines, have a look. You may well be banned which is why you have to attend court.

[Guest]

Thanks island girl - I’m familiar with the guidelines etc just curious as to why I’ve been asked to come to court when I’ve already plead guilty if anyone can offer any insight? My solicitors are closed until the new year. Thanks!

[islandgirl]

Because there is a very good chance you will be banned and that has to happen when you are in court. You are attending for sentencing

[des8]

If you are facing the prospect of Disqualification a Court must consider your case.
You might like to cast your eye over this link: http://forums.pepipoo.com/index.php?showtopic=58307

[Guest]

Super helpful des thank you - will post the outcome

[islandgirl]

As someone who sentences these offences, if you are going to request a short ban or none at all bring full evidence of anything you say in court. Your solicitor will certainly tell you the same. We magistrates do not believe everything we are told! Hope all goes well for you on the day and please do come back and tell us the outcome

[HandyAndy]

Because there is a very good chance you will be banned

I would go a little further than that. I would say it's as near to a stone cold certainty as you can get. All minor traffic matters are now listed under the "Single Justice Procedure". Such cases are heard before a single Magistrate sitting with a legal advisor and hearing cases "on papers" only. Nobody else can attend. If the Single Justice believes that a disqualification should be considered, the case must be adjourned to give the defendant the opportunity to attend court. There are two reasons for this (apart from it being the law):

• The first is so that the defendant can make any representations he wants the court to hear;
• Secondly to ensure -as far as possible - that the defendant is in court when the disqualification is handed down (so there is no danger that they may drive whilst unaware that they have been banned).

The guidance for 70mph in a 30mph limit is either a ban of 7-56 days or six points. That speed is well into the territory where a ban is appropriate (the band of "seriousness" begins at 51mph). As well as that, Magistrates have additional guidance which says this:

"Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days."

There is no doubt that the court will consider 70mph to be grossly in excess of the speed limit and I would be surprised if you left court with a ban of less than three months.

Your offence mitigation ("I.... mistook the road for a dual carriageway") is not particularly helpful. The only time the road type (single or dual carriageway) affects the speed limit is on a road subject to the National Speed Limit (70mph dual carriageway, 60mph single carriageway). Other than that there are no circumstances where the carriageway type influences the speed limit. If it is not brought up in court I would advise against mentioning it.

[islandgirl]

I don't disagree! If you can bring proof of a genuine emergency etc that will be considered but Handyandy is absolutely right - we frown upon driving this far in excess of the limit for whatever reason.

[Manxman]

... Your offence mitigation ("I.... mistook the road for a dual carriageway") is not particularly helpful. The only time the road type (single or dual carriageway) affects the speed limit is on a road subject to the National Speed Limit (70mph dual carriageway, 60mph single carriageway). Other than that there are no circumstances where the carriageway type influences the speed limit. If it is not brought up in court I would advise against mentioning it.

I was going to remark on that too.

The OP has unwittingly proved to the court that they don't understand how speed limits work if they think that a dual carriageway can't be a 30 limit

[Pezza54]

I am going to be more careful now. The speed limit on a dual carriageway in built-up areas (street lights) is 30 mph in England, Scotland and N.I.
The limit is 20 mph in Wales