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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice.
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In september last year I was caught doing 102mph on the m6

Customer Question

In september last year I was caught doing 102mph on the m6 north going from my house (warrington) to work (preston) The officer (on his own)aparently followed me for 3.2km (why km I don’t know) and on the summons its says is was doing "102mph to ??" hes actually wrote question marks and crossed out the part that says "using the VASCAR system" he also wrote this report on the 6th of march, the offence was 26th september, nearly 6 months ago.

I was going to just go to court on my own with a statement about how I would need the car to get to work and Id loose my job without a license as its req in my job in a transport office, id only had car a couple of days and speedos only in kph as its left hand drive etc, and hope for 6 points and a fine, theres nothing else ontoward on my license.

so baically do I just bite the bullet and turn up in court on my own and nearly have a panic attack trying to get out some rubbish statement I've prepared or do I get a lawyer to try get the case thrown out on lack of evidence which will cost me between 1 and 2 thousand pound?? which could end up with me getting a ban, a big fine and still being left with 2G court costs.

The first action sounds the most sensible but I'm dreading court. Cant decide what to do.

im pretty sure I had a clean license now….pretty sure the 3 points for a sp30 went off a year or 2 ago. that’s all ive ever had on it.

i don’t use my hgv license at the moment (just to get 30 miles to wrk at 6am)but get transferred (tuped) to another firm in june were it will be required (cant really provide any proof that a license is req at wrk except my job title)and I will probably be made redundant then if not sooner so are currently applying for jobs were a license is required, I really cant afford a ban, even if its for a week because I cant have that banned code on my paper license for 3 or 4 years, that s a big no no in road haulage.

and 2grand is quite a lot of money to me…in fact 1 grand is!
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

well I just need advice on what road to take, from a solicitor that isnt trying to get my business like the one i called this afternoon who ive mentioned I go to court next week with a rubbish statement ive managed to put together myself and hope for the best or go down the expensive lack of evidence route?

Expert:  Jo C. replied 4 years ago.
Were you speeding?

Customer: replied 4 years ago.

HI jo,,yes, most definitely, cant be sure how fast I was actually going though, like I said the officer says in the summons "102mph to ??" and he told me in the police car I was doing 102mph, my speedo in my car is only in kph and I cant remember what kph I was doing, I had only had the car a few days and was struggling keeping a constant speed without cruise control, i guess I must have just put my foot on the floor, that must have been the cars top speed, its only a 10 year old 1.7 deisel.

Expert:  Jo C. replied 4 years ago.

Do you know what point the solicitors intend taking? What are they saying they are going to do for this sum?
Customer: replied 4 years ago.

okay first of all they say I wont have to go to court next Tuesday as they will get a adjournment in order to request what evidence the court has, when they see what the evidence is they will then try get the case thrown out on lack of evidence, thats what there charging 995 for,but then if that dosnt work and it goes back to court to trial they want another 995 to represent me on the day and hopefully come to some sort of agreement with the court, like the court and the solicitors agree an outcome I am happy with (not getting banned).


I told them money is an issue so they said they could take 200 of me (which is there hourly rate) and they could go request the evidence, and once myself and they had seen the evidence I could decide then whether to pay the rest of the 995 (775) and they would then take it forward to try get it thrown out, if that didn't work they would want ANOTHER 995 to go back to court.


If i didn't take it forward after seeing the evidence i suppose id just go back and plead guilty and hope they wouldn't use the request of evidence against me, Ive heard a lot of stories of people getting solicitors and coming off much much worse if the case doesn't get dropped, you have all the solicitor costs and then a doubly harsh penalty of the courts for messing them about, I suppose the big factor in in this is do they have any real evidence? and if they do will requesting the evidence before pleading guilty go against me?


thats what I got from a rushed 20min phone conversation this lunchtime anyway, I might have got some of what they told me wrong but it seemed to make sense at the time, this is the first and only lawyer Ive contacted so far.

Expert:  Jo C. replied 4 years ago.

I see whats happened. They have just given you a rough figure.

The first point to make is that you will find a barrister under public access much cheaper than a solicitor. A junior tenant will probably do the whole trial for you for about £500 plus VAT and a plea and mitigation for £300-£400 plus VAT.

Obviously I haven’t had sight of the evidence here so I cannot really tell you whether its a realistic expectation that the case will be thrown out. Sometimes road traffic cases are not fantastically prepared and CPS is generally disorganised. However, you can never rely on that.

It depends really how badly you want to escape a ban and how much you want to spend on it. If money were not object then the right thing to do would be to plead not guilty and invite the Crown to prove their case in the hope they cannot. That might not succeed though.

If this is 102 on the M6 then you are facing 6 points or a short disqualification of between 7 - 56 days. Realistically, unless this was an area close to the toll booths or something similar to that, you are going to get points not an immediate ban.

Unless you have another 6 points in the last three years you are not at risk of disqualification for totting.

If the only issue here is avoiding a ban then probably you are not at risk of that anyway. There is a chance that you might meet a court that completely takes leave of its senses and bans you. In fairness, you never really know what will happen at the Magistrates Court. But thats not likely and representation can do nothing about it even if you do meet with an unreasonable tribunal.

If you feel more confident with representation then get a barrister under public access to do the mitigation for you. It will be about a fraction of the price that you’ve been quoted.

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