scoobymark Posted June 1, 2006 Posted June 1, 2006 My bro is in court in 2 weeks for an intermediate diet as he got done doing 67 in a 30 zone by cops at side of road. Now before you all think he was going by a school at 3pm, he was 100 yards from entering a country road and the main built up area was 2 miles behind him and it was 8pm. There was only a few detatched houses for at least the last half mile of the 30 limit. His lawyer has not been alot of help and has told him to plead guilty to dangerous driving which will give him a 1 year ban and a re-sit of his test.[] I told him to get another lawyer, plead not guilty to danderous driving, hopefully careless would be the charge and then it will go to the court date in july. But his lawyer again said that will make matters worst if the final court date finds him guilty of dangerous driving and he could get a longer ban.[:'(] Any advise??
ozzy Posted June 1, 2006 Posted June 1, 2006 Depends on the area. Some courts just look at the black/white facts (more than double the speed limit in your bros case) and throw the book at him. If he goes to court, then perhaps he can sway the judges decision based on the circumstances and although the speed was excessive, it wasn't dangerous. He may still get a ban and a fine, but will end up with additional court fees. Get a 2nd opinion from another (decent) lawyer with experience. If they still say the same thing, then he may have to take it like a man I'm afraid
ScoobyAndy Posted June 1, 2006 Posted June 1, 2006 Plead guilty and take what he gets. He did the crime so should do the time. Regardless of it being 3pm or 8pm he was still in the 30 limit!!! Next time he'll be more careful. We all make mistakes at some point... but 37mph is a BIG mistake and theres no excuse for it!
sti pretender Posted June 1, 2006 Posted June 1, 2006 The level of sentence he will receive really depends on the sheriff that is hearing the case some take a hard line other are known to be very soft. Any lawyer worth his salt should be able to tell your brother what he should do once he finds out who is hearing the case. If he pleads not guilty and the charge is not reduced it quite often results in a heavier sentence being handed out at the trial date. Only know this cause the wife works for Sheriff Courts.
scoobymark Posted June 1, 2006 Author Posted June 1, 2006 Plead guilty and take what he gets. He did the crime so should do the time. Regardless of it being 3pm or 8pm he was still in the 30 limit!!! Next time he'll be more careful. We all make mistakes at some point... but 37mph is a BIG mistake and theres no excuse for it! 37!!! it was actually 67. Anyway we all know there is no excuss for it but that is why we run about in scoobies. On the same stretch of road i have been known to reach 1@@mph as i join the country road, But always make sure i am well away from the built up area and it is at night. We all speed even the judge!
sharon_mccall Posted June 1, 2006 Posted June 1, 2006 I got caught doing the exact same in 1990. I pleaded guilty by letter and i luckily i got 3 points and a £60 fine. It's a shame that he was caught, as we ALL do it at one tme or another. [6] My ex was caught doing over 100 on the motorway and his Sheriff was a right cow. He lost his license, had to resit his test and i think it was a £400 fine. So i don't think your brother should be holding out much hope for getting off with his little offence[] It is pants and i feel sorry for your brother. Tell him Good Luck and i hope he gets off lightly.[Y]
st3ph3n Posted June 1, 2006 Posted June 1, 2006 Admit the speeding, but never to dangerous driving. Very hard to be convicted for DD.
scoobymark Posted June 1, 2006 Author Posted June 1, 2006 I got caught doing the exact same in 1990. I pleaded guilty by letter and i luckily i got 3 points and a £60 fine.It's a shame that he was caught, as we ALL do it at one tme or another. [6] My ex was caught doing over 100 on the motorway and his Sheriff was a right cow. He lost his license, had to resit his test and i think it was a £400 fine. So i don't think your brother should be holding out much hope for getting off with his little offence[] It is pants and i feel sorry for your brother. Tell him Good Luck and i hope he gets off lightly.[Y] Cheers i think he will just have to pray for a decent sheriff and give it big appologies. On another subject, when my car got services a few weeks ago at your place, the guys looked at my rear shocks as they were creaking somewhat awfull. when i collected the car later on sat afternoon there was a note on the invoice you guys keep saying what they done and i think it said they would be replacing them and they would call me when the parts arrived. Could you check this out and let me know as they are still creaking and banging! Thanks again.
scott_coull Posted June 1, 2006 Posted June 1, 2006 Due to the speed being double the legal speed limit and in a 30 zone then this is what constitutes the dangerous driving charge, and as has been said before 1 years ban and a fine and a resit. Very unlikely that he will get it reduced even if he pleads guilty, maybe fine will be less but sentence is minimum 1 year. Been there done it, won't be doing it again! Letter from work never worked either, judge was a right harsh pr%ck. Good luck. Coulster
z1000 Posted June 1, 2006 Posted June 1, 2006 Got done for 47 in a 30 on my bike and ended up with 6 points instead of 3 by trying to be clever and get off with it so just be honest and live with the punishment.
philip_wilson Posted June 1, 2006 Posted June 1, 2006 About 8-9 years ago I got done doing 65 in a 30 zone goingin to Ellon and got 5 points and a £400 fine only got charged with speeding mindyou. The first judge I was in front of was going to ban me but I forgot to takemy licence with me and the case got put back and the second judge I got was alot more laid back. So I think it’s a case if the judge got laid the nightbefore you get loads of points and big fines and if not bye bye licence. Hope your brother has lady luck on his side on courtday.
tom_paxton Posted June 2, 2006 Posted June 2, 2006 It's a shame that he was caught, as we ALL do it at one tme or another. [6] [Y] Er, no we don't! 67 in a 30 is ridiculous.
sharon_mccall Posted June 2, 2006 Posted June 2, 2006 Er, no we don't! 67 in a 30 is ridiculous. You have never ever broken the speed limit then? I find that incredible[^o)]....... But gold star for you mate.[*]
sheep Posted June 2, 2006 Posted June 2, 2006 There is a slight difference in being over the speed limit and doing 67 in a 30 . Yes all of us speed but there is a time and a place. I think you brothers best hope would be to admit to the speeding charge and try and get the dangerous driving charge dropped.
sharon_mccall Posted June 2, 2006 Posted June 2, 2006 There is a slight difference in being over the speed limit and doing 67 in a 30 Actually i disagree. ANYTHING over 30 in a 30 is speeding. Over 40 in a 40 etc etc. So are you saying "well it's ok to do 34, 38 or 45..." It's all relative at the end of the day. Over the limit is over the limit. No one should be doing it,.........but as i said earlier i am pretty sure we all do. It's not like he was driving past the school giving it welly. A harsh lesson, but it happens to most of us at some time. edited to say: scoobymark I touch goats bud.
sheep Posted June 2, 2006 Posted June 2, 2006 Sharon i was not tryimg to start an arguement with my coments but there is a massive difference between at 34 mph and nearly 70 as somebody who has two kids driving at that speed is not in a thirty zone is not on.
sharon_mccall Posted June 2, 2006 Posted June 2, 2006 I have a child myself and i absolutely agree with you. But as explained earlier it was on a secluded bit of road. I am not starting an argument but you cannot say it's ok to go over the limit a wee bit. Anyhoo, it's a reminder to us all to watch our speed. []
AVI_8 Posted June 2, 2006 Posted June 2, 2006 Try this website www.pepipoo.com If the police didn't follow guidelines to the letter it may be possible to get off on a legal technicality, e.g. was it a gatso or a speed gun, if it was a speed gun his lawer should request in court to see the calibration certificate (i think they need to be calibrated daily), if they cant produce this then that would be grounds for the case to be thrown out, unless he admitted it at the time. He'll need a lawer specialising in motoring convictions though, and they wont come cheap.
philip_wilson Posted June 2, 2006 Posted June 2, 2006 Anyhoo, it's a reminder to us all to watch our speed. [] yes or your car will look like this
scoobymark Posted June 2, 2006 Author Posted June 2, 2006 Sharon i was not tryimg to start an arguement with my coments but there is a massive difference between at 34 mph and nearly 70 as somebody who has two kids driving at that speed is not in a thirty zone is not on. Yes we all agree that doing that speed in a thirty is not on. Though you must admit that in alot of cases once you are well past the actual built up area, the 30 limit seems to be set further and further away in alot of smallish towns or villages, in some cases well over 1 mile from the outskirts of the housing area. There is no difference in the road 100 yards before the country road to 100 yards on the country road. Well apart from the limit sign! Anyway what is your kids gona be doing on the outskirts of a town at almost 9 o'clock mid October[] Would'nt that be irresponsible[] Cheers for pm sharon, will phone garage tomorrow.
sheep Posted June 2, 2006 Posted June 2, 2006 Scooby mark you must not have seen the kids in kincardine[]
scoobymark Posted June 2, 2006 Author Posted June 2, 2006 Scooby mark you must not have seen the kids in kincardine[] Yes i have seen them when i was passing through doing 30mph[] Could' nt go any slower or they would have car jacked me[]
scoobymark Posted June 2, 2006 Author Posted June 2, 2006 Hope your brother gets off.[] Cheers m8[Y] Not as much as i hope as i will have to do my taxi service and at 15mpg that will be costly[]
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