Silly mistake RE: speeding fine.

[sdfh889h]

Hi guys.

Sorry to say I joined this forum more out of desperation to at least settle my nerves a little.

I was caught doing 65mph in a 50 zone last year. I paid my fine promptly on the 17th December but stupidly forgot to send off my Drivers License and Counterpart. My case has now been referred to the Courts and I have been informed that I shall be receiving my summons within the next couple of weeks. I thoroughly intend to plead guilty as it's my own stupid fault but I'm more or less at my wits end worrying that I am going to get banned from the road. My work and also my recreational activities require that I be able to drive so now I'm really scared.

Along with my guilty plea, I also intend to submit a mitigating circumstances just to try and draw attention to the fact that it is just one stupid, forgetful mistake. I must also point out that this is my first offense speeding.

Any insight would be much appreciated. (I know no-one can speak on behalf of the magistrate but any experience or knowledge would really help).

Thanks!

[mystery1]

Re: Silly mistake RE: speeding fine.

65 in a 50 will not see you banned unless you already have 9 points.



P189 of Mag's sentencing guidelines:

QUOTE
1. Penalty notices may be issued as an alternative to prosecution in respect of a range of offences. Unlike conditional cautions, an admission of guilt is not a prerequisite to issuing a penalty notice.
2. An offender who is issued with a penalty notice may nevertheless be prosecuted for the offence if he or she:
• asks to be tried for the offence;
• fails to pay the penalty within the period stipulated in the notice and the prosecutor decides to proceed with charges.1
Approach to sentencing for offence for which penalty notice was available
3. When sentencing in cases in which a penalty notice was available:
• the fact that the offender did not take advantage of the penalty (whether that was by requesting a hearing or failing to pay within the specified timeframe) does not increase the seriousness of the offence and must not be regarded as an aggravating factor. The appropriate sentence must be determined in accordance with the sentencing principles set out above (including the amount of any fine, which must take an offender’s financial circumstances into account), disregarding the availability of the penalty;
• where a penalty notice was not offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. A list of offences for which penalty notices are available, and the amount of the penalty, is set out in Annex B.


M1

[sdfh889h]

Re: Silly mistake RE: speeding fine.

Does that also indicate that the amount of points won't be increased from 3 either? I should "just" (used very loosely) an increase in the fine?

Lastly, does a summons go on my criminal record? Or anything I would have to notify my employer about?

[mystery1]

Re: Silly mistake RE: speeding fine.

3 points.

Declaration to employer ? Depends on their terms and conditions. For non drivers it's unlikely.

You could ask for them to take the guidelines in to account and hope for £100.

where a penalty notice was not offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. A list of offences for which penalty notices are available, and the amount of the penalty, is set out in Annex B.

M1

[wales01man]

Re: Silly mistake RE: speeding fine.

In our local court reports most drivers convicted of similar offences normally get the £100 fine and points and costs and victims surcharge a few get higher fines and more points all you can do is admit the offences and hope .

[stevemLS]

Re: Silly mistake RE: speeding fine.

65 in a 50 zone is top end of lowest level of penalty which is a Band A fine and 3 points.

A Band a fine is 50% of relevant weekly income which can be broadly interpreted as disposable income.

It is a criminal conviction and should your employer disclose that then it should be disclosed.

I have yet to hear of an employer being worried about a speeding fine.

[sdfh889h]

Re: Silly mistake RE: speeding fine.

So if I am understanding correctly, I will be liable for the £100 fine already levied, the £85 court costs, the victim surcharge all in addition to this "Band A" fine?

[wales01man]

Re: Silly mistake RE: speeding fine.

What you receive for the offence in fines etc is decided on the day having read many court reports it varies from case to case.
Look online at the court reports of any local newspaper you can see what I mean.

[stevemLS]

Re: Silly mistake RE: speeding fine.

So if I am understanding correctly, I will be liable for the £100 fine already levied, the £85 court costs, the victim surcharge all in addition to this "Band A" fine?

Not sure if I am understanding, what have you been summonsed for, is it failure to produce licence etc?