Caught Speeding in 20mph limit - possible court appearance

[Blackhall96]

Hi, I got caught speeding at 43mph on a 20mph road in Flintshire. I admit this is pretty fast, it was a complete lapse in judgement as it was really dark and an A road which I assumed to have a higher limit (I haven’t driven in wales for years and also forgot about the 20mph limit)
I replied immediately to the NIP on Saturday and have spoken to the police responsible for the NIP who have informed me that additional information has been sent in the post today explaining that they have passed this over to the courts

I’m just wondering if anyone has any info on typical waiting times for these once the authorities pass over the info to the courts, I’m going travelling on Jun 12th and won’t be back until August 29th, I have already spent thousands planning this as has my girlfriend. I would hate to get a court date for during this period and lose out on all kinds of money etc as a result

Does anyone know whether pleading guilty online/post would mean I wouldn’t have to attend court. I do have mitigating circumstances to not receive a ban but don’t know whether they would suffice, I have to drive my nan to hospital for chemotherapy on non-hodgkins lymphoma and I also need my licence for the travelling as it is a road trip, my girlfriend does not have a licence

I have never committed any other offence and had my licence for 10 years, I feel so stupid as it was a genuine lapse in judgement and I never usually speed, I admit I am wrong and just hope that I wouldn’t have to attend court

any info or help to stop me stressing is really appreciated

[HandyAndy]

The police have six months to begin court proceedings and it is not at all unusual for them to take all of his time. However, they may begin proceedings at any time before that so you should be prepared for that.

The guidelines for travelling at 43mph in a 20 mph limit are a fine of 1.5 weeks’ net income (reduced by a third for a guilty plea) and either a ban of up o 56 days or six points. Your prosecution will begin with a “Single Justice Procedure Notice” (SJPN) informing you of the charge. You will have 21 days to respond by choosing one of three options: plead guilty and not attend court; plead guilty and attend court; plead not guilty.

If you select not to attend court you can provide any information you want to be considered when you respond with your plea. Your case will initially be dealt with by a “Single Justice” (SJ). This is a single magistrate sitting with a legal advisor in an office rather than a courtroom, dealing with cases “on papers” only. Nobody else can attend.

If the SJ believes a disqualification should be considered, you will not be banned without giving you an opportunity to attend court. So in that eventuality, your case will be adjourned to a hearing in the normal magistrates’’ court and you will be given a notice to attend. If, however, six points is the decision, you will simply be notified of the outcome by post.

You should note that you do not formally have the opportunity to make an “exceptional hardship” argument to try to avoid a ban. That is only available for disqualifications under the “totting up” procedure. However, if a ban is to be considered, the court will take account of anything you have to say.

It is hard to say how his will pan out time wise. Some areas seem to issue SJPNs quite quickly but, as I said, it is not unusual to see almost six months elapse before action begins. I suggest you see what other information the police send you. The important thing is to respond to the SJPN within the 21 days allowed. If you don’t, your case will go ahead without any input from you. So you really need some idea from the police as to when you are likely to receive your SJPN.

[islandgirl]

Just a tip - if you do go to court and wish to argue against a ban BRING EVIDENCE. Details of frequency of appointments at hospital, proof of holiday etc. Mags have, sadly, heard it all before.