[Masterplan]

Today the mrs received a NIP and court summons through the post for doing 73mph in a 50 zone on the A71 at 2am.

she passed her test 7 months ago, so has the lower limit as to how many points she can get before a ban. Which in her case is 6. She has no previous points or convictions. I'm just wondering what the likely punishment is based on the scenario above?

She is totally beside herself and worrying herself sick. I also feel terrible as she was coming to pick me up after a work dinner when it happened. Any opinions good or bad would be appreciated, just so we both know what to expect and to plan accordingly.

Scott

[RagingKileak]

Wow court summons is harsh for that, but she COULD get 6 points potentially.

I would probably reccomend letter from employer to state the need for her to drive plus any other supporting reasons - school run organizer, club driver (cubs/scouts etc) or anything else.

Then I reccend she goes to court, pleads guilty and confesses her sins - explaining that she was at fault and has learned.

If it goes well, they will prob give her 4 or 5 points. 3 would be too little, as if that's all they were expecting they'd have done it via fixed penalty!

Matt

[phil200tdi]

3 points and £60 fine

[Masterplan]

I spoke to a police officer who recommended we stayed out of court to avoid being seen as wasting their time.

Now I'm debating whether she goes to court or not? We really can't have her losing her liscence but if it happens it happens. Just trying to avoid that as much as we can!

[RagingKileak]

Oh hang on, I didn't read anywhere that you had a choice. Is it a court summons OR a fixed penalty or JUST a court summons with NIP?

If its JUST a court summons, then I can tell you that not going to court (and pleasing guilty by post) was one of the worst decisions I've made in my life.

Matt

[Masterplan]

Sorry ill clarify further - the letter from the procurator fiscal says she either pleads guilty by post with a written statement, or chooses to attend court and choose how to plead.

Really not sure what she should do. Matt, is this a similar scenario to the options you were given?

[makkan00]

Originally Posted by RagingKileak

Wow court summons is harsh for that, but she COULD get 6 points potentially.

I would probably reccomend letter from employer to state the need for her to drive plus any other supporting reasons - school run organizer, club driver (cubs/scouts etc) or anything else.

Then I reccend she goes to court, pleads guilty and confesses her sins - explaining that she was at fault and has learned.

If it goes well, they will prob give her 4 or 5 points. 3 would be too little, as if that's all they were expecting they'd have done it via fixed penalty!

Matt

FOLLOW what he said.

As she has passed her test recently, 6 points means ---> without a license and start it again.
Take it to the court as said above, plead guilty and following will help you.
1- A good solicitor
2- Letter from the employer for any hardship...if she looses her license.
3- Apology letter from her
4- Possible reference letter from her friend(s) stating that they have found her good driver since she passed her driving license (Though it has less meaning considering your wife has passed her driving test within an year).

I think your goal should be to avoid her getting any ban / 6 points.
On a good day expect 4 points and in worst case 6 points.
Good luck.

[makkan00]

Originally Posted by Masterplan

Sorry ill clarify further - the letter from the procurator fiscal says she either pleads guilty by post with a written statement, or chooses to attend court and choose how to plead.

Really not sure what she should do. Matt, is this a similar scenario to the options you were given?

Most of you get this.
Choose to attend the court. If your wife is good at making innocent faces, chances are that decision will be in her favour (less points).

[pjs]

Before she goes to court get her to pass her advanced test, or at least start rocking up with the wheel shufflers and learning the ropes so she can go before the judge and demonstrate she is taking responsible steps to be a better driver......

[Masterplan]

Ok so I think it's decided we should go to court to plead guilty.

Just out of curiosity, how much is a solicitor going to rush me?

That's a great idea regarding letters from her employer and friends or someone credible.

[dxb335d]

3 points and £60 I rekon!

[Masterplan]

Looking up local defence solicitors who cater for driving offences. Anyone had any experience with these before, and what the likely cost is going to be?

[RagingKileak]

To be honest mate I dunno if I'd bother with a brief as long as you follow the above. Getting off this one will be all about humble pie - briefs do NOT suggest humility.

So, in my case I overtook another car and was done for driving without consideration for other users of the road or place.

I plead guilty by post (with a good, humble letter) and got 8 points. People legitimately get less for negligence which results in a colission under the same offense.

Bottom line - if I had looked the judge in the eye, explained that although the other car was a ditherer and appeared drunk, my experience since the offense (etc) had taught me that hanging back and leaving him to it was a much safer plan than overtaking him, I am sure I would have walked with 6 pts at most.

I am confident that magistrates feel that to be truly sorry, you must face them and beg for mercy etc.

Matt

[Real Thing]

Might be worth having a look at http://www.pepipoo.com/
Still won't give you the outcome but might give you a few pointers.

[mowflow]

Not saying the advice here isn't good but I notice most posters are from south of the border and the rules up here are a bit different.

Having been fortunate enough to never have been caught speeding (so far) I won't comment myself. However, a good few years back on of my friends was done within the first year of driving and he lost his licence and had to re sit after a ban. He went to court with all the employer letters etc as he had recently finished his apprenticeship as a gas engineer so being able to drive from job to job on his own was essential. They didn't give a shit.

[Jon D]

Originally Posted by Masterplan

...court summons...

Doesn't the phrase 'court summons' dictate that attendance is mandatory?

[verysideways]

As mowflow said, things are done differently north of the border, so look for specific advice from people who know the Scottish system.

Down south i'd agree, turn up to court dressed appropriately and eat lots of humble pie, but i only know one person who had to go to court in Scotland and he paid a brief, plead guilty, ate humble pie and still got royally shafted.

[AlwynMike]

A colleague was caught speeding (over 100) recently.
He employed a solicitor - an expensive solicitor.
Came to court and it was immediately adjourned
Came to court a second time and he was given 6 points and a few hundred £ fine, which was the result he was looking for.
IIRC the solicitor cost him £750 (+VAT) for each court appearance - although he did reduce it for the second one as the first effectively didn't happen.
In all it was around £2000 for solicitors fees.
Lots of letters from referees etc.

This was in Scotland as well

Mike

[Sparky68]

As a guide, last year i got 6 points and £500 fine for 82 in a 50

[willhollin]

A few years back I got 3 points and £60 fine for 70 mph in a 50 mph zone.

[Hotcoupe]

I'd go to court and plead my case,prepare in advance with any reasonable and very importantly believable mitigating circumstance.

Personally I wouldn't employ a solicitor.

I got done on the M3 a good few yrs back at 104mph (disgraceful I know,no excuse),went to court already stuffed with humble pie,and then ate loads more, result,heavy fine + 5pts.
A school teacher who was up before the Mag before me,and was done for a similar speed,had employed a smart arsed solicitor,result,heavy fine + a mths ban.
The solicitor was a right twat though!

Best of luck,if you want the recipe for Humble Pie,send me a PM

[225_AB]

All well intentioned advice above but most people are guessing. Strongly suggest you go to pepipoo register and post for advice.