Speeding and magistrates court attendence

[TimberWolf]

My mum's been done for speeding and has to go to court and is very worried about it. Any tips?

She's not been to court before or had any other driving conviction and is worried. She has to travel a long way to get to the magistrates court, doesn't want to drive (she usually sticks to familiar roads) and anyway because she is so upset and worried I am taking her.

Basically what happened is that she got lost on the motorway after picking up some relatives from Birmingham airport, she was then lost on 'A' roads and I guess in her lost state didn't notice that she was in a 30 zone. I don't know precisely where it happened, somewhere near Royal Leamington Spa possibly, where the court case is to be held. She was clocked at 62 mph, quite remarkable and unfathomable to me as that's about her motorway speed and she is usually pretty slow on 'A' roads. It was late at night and I guess she was panicking.

She obviously made a mistake and there will be a price to be paid for that mistake, but even so, seems a bit harsh treatment on an elderly woman. Presumably they intend a ban of some period as she has no option but to attend court, and she will also presumably have to tell her insurers who will then bump up her insurance quite considerably?

Plus, what's court like and can I go in with her?

[Regent]

My mum's been done for speeding and has to go to court and is very worried about it. Any tips?

She's not been to court before or had any other driving conviction and is worried. She has to travel a long way to get to the magistrates court, doesn't want to drive (she usually sticks to familiar roads) and anyway because she is so upset and worried I am taking her.

Basically what happened is that she got lost on the motorway after picking up some relatives from Birmingham airport, she was then lost on 'A' roads and I guess in her lost state didn't notice that she was in a 30 zone. I don't know precisely where it happened, somewhere near Royal Leamington Spa possibly, where the court case is to be held. She was clocked at 62 mph, quite remarkable and unfathomable to me as that's about her motorway speed and she is usually pretty slow on 'A' roads. It was late at night and I guess she was panicking.

She obviously made a mistake and there will be a price to be paid for that mistake, but even so, seems a bit harsh treatment on an elderly woman. Presumably they intend a ban of some period as she has no option but to attend court, and she will also presumably have to tell her insurers who will then bump up her insurance quite considerably?

Plus, what's court like and can I go in with her?

The judge should be lenient for a 1st offence (if it is).

(please can you send me a screen saver size version of your avatar for next Xmas?)

[Freamon]

Usually being more than 30mph over the speed limit results in an automatic ban. This is why the police will often record a speed of 99mph when caught doing 100+ on the motorway, to "let you off with a warning".

[mudskipper]

My mum's been done for speeding and has to go to court and is very worried about it. Any tips?

She's not been to court before or had any other driving conviction and is worried. She has to travel a long way to get to the magistrates court, doesn't want to drive (she usually sticks to familiar roads) and anyway because she is so upset and worried I am taking her.

Basically what happened is that she got lost on the motorway after picking up some relatives from Birmingham airport, she was then lost on 'A' roads and I guess in her lost state didn't notice that she was in a 30 zone. I don't know precisely where it happened, somewhere near Royal Leamington Spa possibly, where the court case is to be held. She was clocked at 62 mph, quite remarkable and unfathomable to me as that's about her motorway speed and she is usually pretty slow on 'A' roads. It was late at night and I guess she was panicking.

She obviously made a mistake and there will be a price to be paid for that mistake, but even so, seems a bit harsh treatment on an elderly woman. Presumably they intend a ban of some period as she has no option but to attend court, and she will also presumably have to tell her insurers who will then bump up her insurance quite considerably?

Plus, what's court like and can I go in with her?

Check whether her insurance includes legal cover - it might be worth getting a barrister.

I went to court for 'driving without due care and attention' about 20 years ago. I was really scared, but the whole experience was quite mundane and matter of fact. Your court appearance is definitely a non-event for them! The frustrating thing was that I wasn't allowed to say anything, so when the 'facts' were presented and one of the witness statements was downright wrong, I had no opportunity to present my version. I got a fine and 3 month ban (it was my second offence in a year). IIRC, my insurance actually went down, because the ban clears any points on your licence. She definitely shouldn't drive herself, because if she is banned, it takes effect immediately, so she'd be stranded.

Hope it all works out OK - hopefully if it's her only offence in n years of faultless driving, they'll give her the benefit of the doubt.

[TimberWolf]

The judge should be lenient for a 1st offence (if it is).

(please can you send me a screen saver size version of your avatar for next Xmas?)

'tis a first offence.

If you open Google in another tab, select images, then come back to this tab and drag my image to the other tab, Google will automagically bring her up, plus a few pale intimidations.

[TimberWolf]

Check whether her insurance includes legal cover - it might be worth getting a barrister.

I went to court for 'driving without due care and attention' about 20 years ago. I was really scared, but the whole experience was quite mundane and matter of fact. Your court appearance is definitely a non-event for them! The frustrating thing was that I wasn't allowed to say anything, so when the 'facts' were presented and one of the witness statements was downright wrong, I had no opportunity to present my version. I got a fine and 3 month ban (it was my second offence in a year). IIRC, my insurance actually went down, because the ban clears any points on your licence. She definitely shouldn't drive herself, because if she is banned, it takes effect immediately, so she'd be stranded.

Hope it all works out OK - hopefully if it's her only offence in n years of faultless driving, they'll give her the benefit of the doubt.

I think she will be more than happy not to have to say anything in court. It's this coming Monday, so perhaps no time to get a barrister. I thought I read of mention of a possibility of a getting free legal advice/representation at the court on some days, perhaps not for speeding offences though, where one might be provided with assistance on pleading special circumstances (or whatever the term used was). No previous, out of character, genuine mistake, etc. She has already pleaded guilty though, even though I don't think she knows where she was caught speeding.

[Paddy]

Most will depend on who the magistrate is and whether he or she is a Judge.

If your mum is really worried, she does not have to attend in person, she can just write a letter showing mitigating circumstances however, it is better for her to attend.

In any event you need to write a letter or statement to help her case with emphasise on the reasons why she should not be banned. (they could ban just for a week). If you need help with your letter you can PM me.

BTW, how was she caught. When was she notified?

As a long shot, give us the location where she was alleged to be speeding, there is a fair chance that the signage is wrong. We can look on Google Earth.

[DimPrawn]

Speeding Solicitors, Specialists in driving in excess of speed limits, | Motoring Law Solicitors London, Birmingham & Manchester
Our fees for motoring cases | Motoring Law Solicitors London, Birmingham & Manchester

[TimberWolf]

Most will depend on who the magistrate is and whether he or she is a Judge.

If your mum is really worried, she does not have to attend in person, she can just write a letter showing mitigating circumstances however, it is better for her to attend.

In any event you need to write a letter or statement to help her case with emphasise on the reasons why she should not be banned. (they could ban just for a week). If you need help with your letter you can PM me.

As a long shot, give us the location where she was alleged to be speeding, there is a fair chance that the signage is wrong. We can look on Google Earth.

Unfortunately I didn't see the first letter she received and sent back with her guilty plea, which also had the location of the offence, and she can't tell me where it occurred. The address meant nothing to her as she was lost. I don't know what she wrote in that first reply, other than admitting guilt.

I read the summons letter (coming many months after the first which upset her greatly too as she's hoped it had gone away) and didn't see mention of the possibility of writing a letter, but that sounds interesting.

[Paddy]

Speeding Solicitors, Specialists in driving in excess of speed limits, | Motoring Law Solicitors London, Birmingham & Manchester
Our fees for motoring cases | Motoring Law Solicitors London, Birmingham & Manchester

They are a good firm of solicitors but expensive.