who states that THE DEFENDANT

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Soldato
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as soon as I saw those words, I knew it would be a summons.

I am over the moon at this stage, as the charge is careless driving and not dangerous. Dangerous is regarded as a hugely more serious, criminal offence, and would have a much greater impact on my life. So that's good! Anyway...

The "STATEMENT OF FACTS":

At 17.45 PM on 2nd December 2007 the defendant drove BMW index X833 NDX on [ROAD], [TOWN] without due care and attention in that the defendant drove in considerable excess of 60MPH in a built up residential area which is subject to 30MPH. There are numerous turnings to private residence and into other roads as well as cars parked in the road. One motorist had to pull out of the way of the defendant, waving wildly in the direction of travel of the defendant. As a result of this matter no injury was caused to any person, vehicle or property.

Hmm, seems like the odds are stacked against me. I am due to attend court 27th Feb.

My options are:

1) Plead not guilty and they will have to begin a case against me, and me my defence at a considerable cost - I'm estimating ~£3000 at least. A new court date will be set.

2) Plead guilty, attend court and receive punishment.

3) Plead guilty, not attend court, write a statement that will be read out in my absence. However, actually do attend court, but as a spectator, and listen to them reading some hilarious paragraph :p

If I choose 1, I also have the choice of whether or not to contract a defence. It seems an indefendable case written the way it is, but I really feel wronged in the part the reads "One motorist had to pull out of the way of the defendant, waving wildly in the direction of travel of the defendant". "pull out of the way"? That's total rubbish. I overtook 1 car on the road in question and it was a swift maneuver that required no action, the other car was near enough stopped, and I would be gob smacked if they had even seen me until I had passed!

I'm also slightly perturbed at "considerable excess of 60MPH". What an odd thing to say. It seems to me that don't have any idea and, more importantly, evidence that I was travelling at any speed... or maybe they keep these "statement of facts" vague?

I deny the charge that has been offered, and so morally should defend myself, but don't think I stand a chance.

So, out of the options, is it 1, 2, or 3 for the OcUK public? :D

Any people's experiences of a high speed / careless driving case would also be welcomed :)
 
I'd like to see how you got with 1 if what you say is true but I think 2 is probably the most sensible option and will see you with the lightest punishment.
 
Thinking of it mathematically...


Defence £3000

If I plead not guilty and win - cost £0
If I plead not guilty and lose - defence + other costs + ~£1000 fine + long-term insurance effects (~£3000)

If I plead guilty - ~£750 fine + long term insurance effects (~£3000)

So £0, £7500 or £3750

I need at least a 50% chance of success in a defence to make it worth trying.
 
Is there any way to see what the evidence against you is without going to trial? "considerable excess of 60MPH" sounds a bit vague. Well over 60 in a 30 would be licence losing territory wouldnt it? so I guess you will want to take the possibility of a legal defence a bit more seriously than you would against 3 points a fine and a slap on the wrists.
 
Is there any way to see what the evidence against you is without going to trial?
Yes, they have to give him a copy of any evidence they have against him before the date of the trial if he requests it. I suggest you do.
 
The terms used suggest this is a complaint from a member of the public not anyone with hard evidence. Request sight of all evidence. See what they have got and decide from there. Overtaking is not illegal, no proof and you could legitimately say, I wasn't over the speed limit at any point in the maneuver, they have to prove that you were.

If you accept the charge and plead guilty they don't have to prove anything at all, nor let you see the evidence at any stage. Guilty is regarded as safe and more lenient, but 60 in a 30, you are looking at a minimum of 6 points, and with dangerous driving, probably a ban aswell!

PS, how long between the alleged offense date and receiving the paperwork. You have to be informed of the intention to prosecute within a certain time, I think 28 days (giving leeway for postage) after that there is some sort of human right that could be infringed in traffic cases I think.

PS Are you sure you were driving at the time (works well for business cars)
 
He was stopped by the police at the time. If it goes to court it is extremely likely as far as I'm aware that they will accept a police officers testimony that you were doing over 60, it's not as if they are trying to do you for 35 in a 30 based on witness testimony where they may be some inaccuracy.
 
Anyone who drives through a residential area at 60 during rush hour deserves to be punished.

Plead guilty.

Indeed.

The OP drove like a ****** **** (and not for the first time if I remember right) and should be punished accordingly. I wish I could be sure you would never be on the roads again. What's worse is you seem to be looking for ways out of this. I have no time for you.
 
Seems like you were being a tool and you got caught. Your posts on this forum show you have an elevated view of your own abilities, and worse, that of your DSC wonder car, take it like a man, learn from it, and grow up. If you don't it might be a body bag next time and heavens forbid if you take someone with you. I can't be too hard on you, I was an idiot too at your age, my wakeup call was wreckless driving and 5mm from a body bag of a young girl, I strongly advice you stop being a *****, which based on your posts on this forum, the speeds you are happy to advertise and bad driving I have read you talk about you are being.

Over 60mph through an estate is simply preposterous, you will get banned if the evidence stands up and so you should, I did, and think long and hard about it. You have been a tool, be a man, do something right and take responsbility for your actions and take the punishment. You asked for those with experience of this, well there you go, own your actions and peoples respect will grow for you, its time to be a grown up!
 
Seems like you were being a tool and you got caught. Your posts on this forum show you have an elevated view of your own abilities, and worse, that of your DSC wonder car, take it like a man, learn from it, and grow up. If you don't it might be a body bag next time and heavens forbid if you take someone with you. I can't be too hard on you, I was an idiot too at your age, my wakeup call was wreckless driving and 5mm from a body bag of a young girl, I strongly advice you stop being a *****, which based on your posts on this forum, the speeds you are happy to advertise and bad driving I have read you talk about you are being.

Over 60mph through an estate is simply preposterous, you will get banned if the evidence stands up and so you should, I did, and think long and hard about it. You have been a tool, be a man, do something right and take responsbility for your actions and take the punishment. You asked for those with experience of this, well there you go, own your actions and peoples respect will grow for you, its time to be a grown up!

Well said that man and i totally agree .

Although i can just see your the type to get some smarmy lawyer to get you out of it :rolleyes:

Persil
 
as soon as I saw those words, I knew it would be a summons.

I am over the moon at this stage, as the charge is careless driving and not dangerous. Dangerous is regarded as a hugely more serious, criminal offence, and would have a much greater impact on my life. So that's good! Anyway...

The "STATEMENT OF FACTS":

At 17.45 PM on 2nd December 2007 the defendant drove BMW index X833 NDX on [ROAD], [TOWN] without due care and attention in that the defendant drove in considerable excess of 60MPH in a built up residential area which is subject to 30MPH. There are numerous turnings to private residence and into other roads as well as cars parked in the road. One motorist had to pull out of the way of the defendant, waving wildly in the direction of travel of the defendant. As a result of this matter no injury was caused to any person, vehicle or property.

Hmm, seems like the odds are stacked against me. I am due to attend court 27th Feb.

Sounds like you're knackered pal.

/subscribes to thread :D
 
Indeed.

The OP drove like a ****** **** (and not for the first time if I remember right) and should be punished accordingly. I wish I could be sure you would never be on the roads again. What's worse is you seem to be looking for ways out of this. I have no time for you.

If you have no time for him quit posting in the thread at all. Whilst I agree he did something stupid he's going to be punished for it by the courts anyway.
 
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