Aint that where you aim your motor at the oncoming car and the first to swerve outta the way is "Chicken"....
So, the wife's been nicked, yet again on the motorway. 92mph. She seems to think it'll be 3 points and 100 quid fine. I'm not so sure. What's the story? What can you get away with before 6 points and loadsa money?
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/speeding-revised-2017/ She’ll soon know whether the writing is on the wall as they’ll either make her a “conditional offer of fixed penalty” (I think that’s what it’s called) or send a letter informing her the court is considering disqualification and listing it for a hearing. The “yet again” suggests she already has points on her licence. If so then unfortunately it will may be the latter outcome and she’ll need to lawyer up for a sentencing hearing. Instruct a direct access barrister as it’s more cost effective than getting a sol as IME they generally take a fixed fee and then in order to keep most of it for themselves, brief a pupil or baby barrister for £150. Expect to pay around £750 - £1,250 plus VAT for decent, experienced counsel. Edit - it may be a bit less than that in Yorkshire. Leeds has quite a few good quality sets of chambers.
"Mary Hinge, post: So, the wife's been nicked, yet again on the motorway. 92mph. She seems to think it'll be 3 points and 100 quid fine. ...." If she is prosecuted for 92mph in a 70mph limit, that would likely preclude a speed awareness course. Unfortunately, the speed must be between 10% + 2 mph and 10% + 9 mph applied to the relevant speed limit, to be eligible for invitation to participate; for 70mph that would be 79 - 86. So I think it really depends on what speed is recorded, and whether a course has been attended within 3 years of the recent offence. Anyway, good luck. Tom.
She’s used up her speed awareness life. As have I. But as you say, she wouldn’t have qualified anyway. Too fast. I’ll keep my fingers crossed for a £100 and 3 points. In the meantime I’ll leave her blissfully unaware of what might be in the post…
working on the theory from above how will the expensive barrister be able to defend her as a he doesn't know her so cant make a case for her good character b hasn't seen her drive so cant make a comment on her driving.. just saying..
Fortunately I have no direct experience of this situation, but I have a friend (honestly) who did get to the totting-up-ban sentencing point. His costly legal assistance did help him to avoid a ban, or at least minimise it but (bearing in mind that none of his offences were serious) I think the case his representative made was very much to do with the impact it would have on his business and earnings were he to lose his licence. In the context of a driving offence, I'm not sure that "good character" should have a bearing on the sentence, but previous driving offences might, depending on how bad they are. I do know someone else who was clocked at over 100 on a motorway, and I think she ended up with 6 points and a stiff fine; I think she said she cried in court, and what stuck in my mind was that she told me the whole process takes months and months - she had the NIP in the middle of winter and stood in court on a sweltering hot day in the summer. It makes no sense to me that there seems to be a "throw the book at them" policy for exceeding 100 mph, bearing in mind that unless there's heavy traffic or bad weather, such a speed is not in itself dangerous, and the 70 mph limit was set when cars had crossply tyres and drum brakes on the front wheels. Speaking of fines, these days the financial status of the convicted person does seem to have a lot to do with how they are set, so if Mrs Hinge has a large income, it could be nasty.
No idea how accurate this is, but thought I'd send it to you for another opinion! https://www.speedingfinesuk.co.uk/free_legal_advice/speeding_fine_calculator.htm Hopefully Mrs Hinge will get a lucky break, afterall she has had her work cut out putting up with you. LOL!
Depends in which county you are inconvenienced. I had 2 in the same year but with different counties. I’m wondering now it’s moved online that there is a database which will now stop that loophole though.
She will lucky just to get 3 points I think. A friend of mine has just been done for 74mph in a 60mph limit and got 6 points and £100 (near Manchester airport apparently). I hope she swerves 6 points and a big fine
He/she will already have all that information. This is because we are all-seeing, so we know everything. You fundamentally misunderstand the role of a barrister because that's actually the opposite of what should happen. If they know the defendant personally and slip into the role of giving testimony based on their own personal knowledge, then they have become a witness in the case rather than an advocate, are "professionally embarrassed" and have to withdraw. What will happen is this (more or less). In advance of the hearing the barrister will hold a conference (meeting) with Mrs Hinge to take instructions on the circumstances of the offence and her personal circumstances and also advise on what further evidence should be obtained such as character references, statements from anyone who might be able to speak to her usual standard of driving or gather any certificates etc. The barrister will then use that information to make a plea in mitigation argument at the hearing. Frequently, especially in legal aid Mags Court cases when instructed by a solicitor, you don't get the papers until the night before the hearing, often without proper instructions or a "proof of evidence" (the client's written and signed version of events) and you end up only having that conference at court before the hearing starts...providing the defendant turns up on time. If the defendant has gone "no comment" at the police station* (which I know you used to love, lol) and hasn't engaged with the sol or vice versa, then you are often completely in the dark until you speak to them. I have done hundreds of hearings including trials, where that has happened. I doubt that will happen in this sort of case though, because if Mrs Hinge is summoned to appear then she will instruct counsel in plenty of time for them to take proper instructions and whatnot. * Don't worry @Mary Hinge - she won't be arrested and interviewed or asked to attend a voluntary interview. The cases I was referring to were the knockabout criminal work of common assaults, minor public order act offences, thefts, criminal damage etc
It was! A couple of mph more and it could have got painful.... But I have no right to bollock anyone for speeding. Ever
Nor I, I always follow the "Live in a glass house & stones" maxim when it comes to my somewhat chequered history in this regard.
