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Hi, Im up in front of the magistrates next week for doing

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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Customer Question

Hi, I'm up in front of the magistrates next week for doing 84mph in a 40mph dual carriageway on a motorcycle. I pleaded guilty by post but the case was adjourned. In the last four years i have 2 other speeding endorsements and a TS10 but only one incident i.e. 3points were live at the time of the incident - What can I expect as punishment next week? Should I still expect a discounted fine for an early guilty plea and do I need to take anything to court with me on the day i.e. proof of earnings, will they not take my word?

 

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Province/Country relating to question : England, notts

Submitted: 325 days and 14 hours ago.
Category: UK Traffic Law
Value: £11
Status: CLOSED

Accepted Answer

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Expert:  Jomo1972 replied325 days and 8 hours ago.


Jomo1972 : Hi
Jomo1972 : Sorry for the delay
Jomo1972 : What are your earnings roughly ?
Customer : When I filled out the declaration back in February was earning Roughly 21k, just started a new job a few weeks ago earning slightly more at 30k. Thanks
Jomo1972 :

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They will probably accept that without supporting evidence.

You fill out a means form at court declaring your income again. If its changed since February then thats perfectly normal. You don't have to provide proof of earnings although Magistrates will question anything that seems unlikely and they do have the power to have you searched. They won't use it in this case though. Usually thats preserved for people who purport to have no income at all which just cannot be right.

However, if you were doing 84 mph in a 40 mph zone then I'm afraid you should brace yourself for the worst. You are actually lucky to be charged with speeding. They could have justified a dangerous driving but if you've pleaded its too late which is good.

You are outside of the highest sentencing bracket. The highest sentencing bracket ends at

75 mph. That carries either 6 points or disqualification of between 7 – 56 days.

I have seen a couple of cases where people fell outside of the highest bracket receive much higher disqualifications but most of those involved much higher speeds and irresponsible driving. I think probably they would give you a short disqualification.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2770
Answered: 7/4/2012

Experience: Bar Exams, over 5 years in practice

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