My Court letter has come... :(

[BigChris]

well after nearly 3 months, the letter from the court finally came through in regards to my accident.

Now, for all you knowledgable folk out there, im wondering what sort of punishment im looking at...

Here is the letter i got.

OFFENCE

On 29.08, you balrdy blar drove k*** eyu renault clio, on the road blardy blar, without due care and attention CONTRARY TO SECTION 3 OF THE ROAD TRAFFIC ACT 1988 AND SCHEDULE 2 TO THE ROAD TRAFFIC OFFENDERS ACT 1988

STATEMENT

(now for the ashamed part..)

blardy blar with due care and attention you in that YOU WERE DRIVING AT EXCESSIVE SPEED (being 50 in a 30 btw) ALONG BLAR BLAR ROAD AT BLAR BLAR TOWARDS THE TOWN CENTRE

YOU LOST CONTROL ON THE LEFT HAND BEND AND YOUR VEHICLE SPUN IN THE ROAD. IT COLLIDED WITH THE CENTRAL KERB BEFORE CORSSING INTO THE WRONG CARRAIGEWAY OF THE DUAL CARRAGEWAY COLLIDING WITH A TOYOTA CELICA BEING DRIVEN IN THE OPPOSITE DIRECTION.

COST APPLICATION

If you are convicted, the court will be asked to order you to pay costs, if you plead guilty in writing etc etc....

what do you guys think, apart from the feeling of "what an arsehole"




[Edited by BigChris on 23 November 2004 at 6:47pm]

[Edited by BigChris on 23 November 2004 at 6:51pm]

[Edited by BigChris on 23 November 2004 at 6:56pm]

 

[renaultsport83]

driving without due care and attention they take very seriously i think.

 

[Smokey]

Mate, gutted for ya.

Id say your gonna keep your license if that helps? Hefty fine maybe and a few (6 max) points.

Want me to come down and come to court with you?

 

[Smokey]

Oh and i have a wicked brief if you want his number

He drinks sh*t loads of JD, verging on alcoholism but he has got me off sooooooooooooooo much. I have been using him for at least 10yrs lol. He used to represent me during my youth shall we say, so we get on well.

[Edited by Smokey on 23 November 2004 at 6:50pm]

 

[TheCake]

Quote: Originally posted by Smokey on 23 November 2004

Oh and i have some well used briefs if you want to borrow them

 

[BigChris]

if i had to be honest with you guys im sh*tting bricks, i have a clean licence (12 points left)

 

[Smokey]

you will be fine mate, dont panic



Oi Simon, you had them last




[Edited by Smokey on 23 November 2004 at 6:54pm]

 

[TheCake]

I really feel for you Chris - jokes aside.

But tbh mate, your clean license, your unblemished time driving will all go in your favour and hopefully with a good solicitor you will be ok.

You have my thoughts.

 

[Da]

think the excessive speed could be a problem...wot speed were you doing in wot limit mate?

 

[Andyvalver]

Thats a sh*tter mate. Dunno what to say. If that celica wasnt comin the other way then everythin would be fine.

 

[BigChris]

50 in a 30.

 

[Smokey]

get your arse over to http://pepipoo.com/http://pepipoo.com/ mate, lots of good advice. Its mainly for speeding but theres a decent guy Mika whos a motoring brief

 

[Martin]

Due care and attention isnt that bad its Dangerous Driving that is the real bad un I know! lol

 

[BigChris]

ive learnt my lesson through my pocket, thats the thing, and all this money is happening just before christmas...

all because of one stupid mistake.

 

[BigChris]

just found this...





CD30
Driving without due care and attention or without reasonable consideration for other road users..........
3-9 points

Maximum Sentence:
This offence may be dealt with only in the Magistrates Court. The maximum penalty is a fine of £2500. The Court can, if it thinks fit, disqualify you from driving for any period and order that you sit a driving test before getting your licence back. The Court will endorse your licence with between 3 and 9 penalty points, unless there are special reasons not to do so. Special reasons are tightly defined and are unlikely to be applicable in most cases.

[Edited by BigChris on 23 November 2004 at 8:01pm]

 

[Tez.]

i have a

CD10 - 3 points

and SP30 - 6 points



and that is why i have a 1.2 16v and not a cup

i fuked my chances up a long time ago

my advice is learn from it ............

 

[Nickyboy]

All the best mate. Just remember to show the Magistrates that you are truly sorry for what has happened as well - they would take things like that into account when sentencing and could make a diference to what you get. Hope it goes as well as it can.

 

[Tez.]

o btw any CD will be on yer licence 4 5 years minum

 

[BigChris]

t3zj, what did you get cd10 (careless driving) for? - also im assuming i will only get one penalty as in a CD10, and not a CD10 AND a SP30???

 

[Nick Read]

Well Ive got an appearance next week for allegedly doing 101.8mph on a dual carriageway. Ive got 3 points for TS10 already (driving through a red light), which should expire this coming July.

It looks to me like even if I was convicted of 101.8mph, the usual punishment would be 6 points and a fine. However, some other people quote it as an instant ban for over 100mph? opinions? I thought you had to hit 12 points to get a ban for speeding.

 

[BigChris]

nick, over 100 mph ive heard is an instant ban. Smokey is the man to ask??

 

[Smokey]

Its not gonna be as bad as you think mate, honest.

i got caught driving while disqualified was 17 and had a 125cc which i got banned for 6 months for totting up, and hadnt even started to learn to drive, no tax/mot/insurance and the car stank of weed and i got 9 points and 150hrs community service. It Was about my 20th driving conviction mind you. like i said i had a good brief, was so lucky to not get another ban, cause before it got to court i had got my license back from the previous ban by about a week before i was up infront of his magistrate again!

Id like to stress that i know my actions were not big and certainly not clever, i have paid for it by not being able to get insurance. Hence why i have only been driving 2yrs. I had a 125cc bike untill i was 22. Sayin that it could do 117mph and kept up with most 500cc

 

[Smokey]

Its not an automatic ban nick.

If caught doing 96+mph is automatic court. How are you pleading? How did you get caught? Front or Rear if scamera? lots of factors mate. I totally ignored my NIP for 108MPH and i have not (touch wood) heard anything from them and it has been 3 months since i should of handed it back.

PM me the details if you want nick and i will pull up what i can mate.

Chris - There is no way they can hold the speeding against you. Im 99.9% sure as they dont have no evidence. You can go back on what you have said as you was traumatised.

 

[Chad]

How do they know you were doing 50 or are they just guessing??

 

[BigChris]

it was obvious i was speeding, cos of accident, and the police knew this, but there was no proof as such, other than skid marks, which they threatened to measure, so they asked me how fast i was going and i said around 50mph, and this is what they wrote on the statement.

The excess speed can be clarified by other witnesses etc etc, so i will be done for speeding - just there is no exact about if you like, only a nice round "50" which came from my mouth.

 

[cliopower]

Another 10mph and you could have been banned! You can argue that it was 50mph indicated speed on the speedo which is probably out by 3mph but I dont think it will effect the end result. Because you have been done for due care and attension, then you are obviously going to get a lower penalty. These days youll probably get 6 points and a fine and some sort of educational b****cks, like retaking your theory or test.

 

[BigChris]

points and fine i can handle,

but, not doing my test again, GRRR or a ban for that matter.

 

[Chad]

Quote: Originally posted by BigChris on 23 November 2004


it was obvious i was speeding, cos of accident, and the police knew this, but there was no proof as such, other than skid marks, which they threatened to measure, so they asked me how fast i was going and i said around 50mph, and this is what they wrote on the statement.

The excess speed can be clarified by other witnesses etc etc, so i will be done for speeding - just there is no exact about if you like, only a nice round "50" which came from my mouth.





You shouldnt have said anything about your speed dude, they could have tried to work out your speed if there were skid marks but its not all that accurate.

Sorry to say but you may have dropped yourself in it a bit. Doubt youll get a ban though.

PS, Nick over a ton is NOT an instant ban.

 

[BigBoreBri]

Your lucky there only trying to do you for a CD10, thats nowt!!

Try doing the same thing in a B-Road, middle of no-where, losing it and hitting no one apart from writing your own car off.... and ending up with a DD40, banned for 18months, 240hours CS and £700 costs...

Yup, the judge loved me loads! lol

 

[Tez.]

nah the sp 30 was a diffrent ocation big chris

so you will be looking at just the cd

 

[Nick Read]

Smokey PM on the way mate. Glad to hear its not instant ban time. Im pretty sure I could argue against a ban anyway because of my job, but its easier not to have to have the hassle of it in the first place.

 

[boyced]

Quote: I totally ignored my NIP for 108MPH and i have not (touch wood) heard anything from them

Is that normal then, If you ignore it? I guess they only send it via unrecorded post.

 

[boyced]

?

 

[blink172]

If they didnt know the exact figure, you can just say the officer "guessed" it. Say you were shaken and upset after the accident and wasnt sure of the exact speed so guessed in under pressure from the copper

Might make them think about banning you

 

[jonnyboy]

I think we need to club together to buy you a paddle m8, get you out of sh*t creek.