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108mph on motorway help

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Old 19 December 2001, 01:30 PM
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BeanS14
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It's been over two months since I was caught.

Has anyone got details of a good solictor who specialises in speeding cases in the Southeast?
Old 19 December 2001, 01:36 PM
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mattski2
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sorry to hear that...

best thing to do imho is get a solicitor (Andreas Serghis leaps to mind) and prepare for battle.

I got done for doing 90 in a 60 in september and got 5 points and a £230 fine. The coppers tried to do me for 90 in a 50 but they obviously where tw@ts because the limit was 60mph.

How did you get caught? what time? what traffic conditions? what was the weather like? it all comes into it!

get your suite ready and get a letter saying you'll loose your job blah blah, oh and get ready for humble grovel mode!

good luck...
M
Old 19 December 2001, 09:10 PM
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BeanS14
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It was on a Motorway so I was 38mph over the speed limit. I got caught by a copper parked off the hard shoulder with a Radar gun. It was midday 12.30, traffic was very light and it was a clear, dry day. The copper followed me off the motorway, stopped and read me my rights, gave me a NIP and a producer. So, they've got four months to send me a summons.

I've already got the letter from my employers sorted, I have no means of getting to work other than by car. My only option would be to move near week while I'm on a potential ban.

Could you tell me more about this person "Andreas Serghis" please. Does he specialise in traffic offences?
Old 19 December 2001, 11:37 PM
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Dave25
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Andreas has done work for members of the Porsche Owners Club, and was recommended to me by another satisfied customer....

Andreas is based in Brighton, but I was caught in similar circumstances at 102, and Andreas managed to get me 6 points on a day in court when *everybody* else doing over 90 was banned.

Andreas's company is 01273 773577. Not cheap but I am happy that he represented me.

Dave.
Old 20 December 2001, 07:44 AM
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Dave P
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Personally always try to do no more than 90 on a motorway for exactly this reason, but you have to pay attention, the other day coming home from Lakeside glanced down and said oh ****, my wife asked me what was wrong, I said "105" and slowed down to 85 - 90 and kept a close eye for the rest of the journey.

Dave
Old 20 December 2001, 08:57 AM
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Larry_L
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I agree, try to keep below 90 unless everyone else is over it, then just sit in the middle of em and enjoy......
Old 20 December 2001, 09:09 AM
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mattski2
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and go and get a Radar/Laser detector, the BEL Euro550 is the dogs danglies
Old 20 December 2001, 10:18 AM
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RESSE
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My father is a magistrate and I unfortunately (due to irresponsibly exceeding the speed limit was caught by a video car).

1. Do not use a solicitor - represent yourself at court and the MOST important thing to do is to APLOGISE for the offence, magistrates look kindly on individuals who do this.

2. You will have to fill in an income/expenditure form to show how much "surplus" income you have each month - magistrates do not impose large fines anyway (Crown Court does).

3. If you do not require the car for life and death (e.g. doctor/driving instructor etc) take the ban.

e.g. 110.15 mph on the M5 in December 1997 resulted in a £180 fine and a 28 day ban - the ban commenced immediately so don't be daft and drive away from the court.

4. Magistrates have heard all the excuses, so don't be a smart **** it does not work.

5. I know it sound silly, but weara suit/shirt and tie (jackets are required in court).

6. Clerk to the Magistrates will address you, but the magistrates will agree to what the fine should be.
Old 20 December 2001, 10:20 AM
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PS - I didn't get any points on my licence even though I was banned for 28 days.

PPS Best of luck
Old 20 December 2001, 11:08 AM
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Markus
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do you have to retake your test if you're banned??
Old 20 December 2001, 11:36 AM
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IanF
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I 100% agree with EB. I was caught at 111mph on a motorway.

Went to court with no solicitor, said I was sorry, explained that whilst car was important for job, I wouldn't lose my job if I got a ban.

Got 14 days and £300 fine.

Regards
IanF

Old 20 December 2001, 03:07 PM
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Dave25
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There are 3 main things you can get:

Ban ( Up to 56 days )
Fine
Points On License

The magistrate can only give you 2 out of these 3 options. A ban resets you to 0 points anyway. However, I understand that insurance companies look more dimly on a ban than points. Points always come off after 4 years anyway, and only count for 'totting up' for 3.

For me, it was worth getting a solictor as I needed my car badly. Remember that accumulating 12 points gets you an automatic 6 month ban ( then you *really* need a solicitor to get you off ) which may be worse than 14-28 days you would get.

Take your choices, depending on circumstance.
Old 20 December 2001, 03:13 PM
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Richard Askew
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If you get banned - for how long does it affect your insurance?
ie points stay on for 4 yrs ...would they ask if u've been banned in the last 5 yrs etc?
Old 20 December 2001, 03:42 PM
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seejay555
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Richard,
The simple answer is for as long as an Insurer wants it to!!
When you take out your insurance, you are asked to declare any convitions etc. usually within the last 4 years. That is not always consistent - I renewed in November and at least 2 of the companies only wanted detail of convictions within the last 3 years, and I did make sure. They can then assess you as a risk. In my experience speeding convictions are of much less interest to insurers than claims/accidents, no fault or otherwise. Convictions are valid for totting up for 3 years from date of offence, not conviction, but if an insurer wants to ask you to declare "older" convictions he is entitled to.
Bans are really no different because when you are asked by insurers about the effect of any speeding conviction the ban will have arisen as a result of either (1) an offence on its own which was serious enough to warrant a ban or (2) totting up.
Magistrates look at the offence first and decide on the punishment. If an offence warrants a ban on its own, or if you get points which take you into ban territory (12 or more) that's when you/your solicitor step in and plead not to be banned. The reasons you give for not being banned cannot be used again within a period of 3 years i.e if you escape a ban once and then become liable to be banned again within 3 years you have to think of another excuse (whoops, reason).
Hope that helps.
(PS I speak from personal experience )
Old 20 December 2001, 03:52 PM
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Nick L
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Having worked in an insurance company I can confirm that they definately ask for details of any accidents / claims or convictions over the past 5 years (usually 5 anyway, 10 for DD) which includes bans. When you get a quote, a ban will usually do you more harm than the points. But as someone says above, the increased premium might be better than having another bag of points on your licence for 4 years. Oh, and some companies won't quote if you've been banned - although you probably won't be phoning them if you've got a Scooby anyway.
Old 20 December 2001, 04:00 PM
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seejay555
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Nick,
The ones I spoke to didn't. As a rule it's 4 years and sometimes 3. It has to be said that, whether you were asked or not, you should be declaring a ban for speeding or DD just so they can't come back on you later.
Old 20 December 2001, 08:05 PM
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BeanS14
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I've spoken to a few people about the incident, some have said get a Solicitor, some said don't bother.

I'm confident enough to appear in court and plead my case and have a fairly smart appearance, I do however have a slight attitude problem when speaking to people of authority. I think it's best that I get representation.

I can plead being out of work for 6 months, rushing to get to work because I was a day late (caught in floods the previous day), will have a letter from work saying how invaluable I am, have no way at all of getting to work other than by car. Hopefully some of this might make a tiny bearing on the case?

My car insurance isn't due until October, so I'll have to wait and see if I can afford the premium

Thanks everyone for the advice
Old 20 December 2001, 11:17 PM
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drumsterphil
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Just out of interest - when i got banned (twice the speed limit and then some) my motorbike insurance, for that is what I was on when I committed the act, stayed the same and my car insurance doubled.

Don't use a solictor, just take it on the chin is my personal opinion.

Old 22 December 2001, 07:31 PM
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Maz-old
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Having read your post I agree completely with Etheridge-Bird. Do NOT get a solicitor. It'll be a waste of money and you'll actually get a worse sentence anyway.

Represent yourself, apologise, stress how embarassed you are at being in front of the Magistrates, accept responsibility for what you've done and do not try to justify or excuse it. Do NOT say everyone else was doing that speed, just say you know you've done wrong and tell them you'll accept whatever punishment they feel is appropriate.

Good luck.
Old 22 December 2001, 07:48 PM
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MATTeL
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When I was up for 114.3 I rook a magistrates advice and had a solicitor with me, just as well I could hardly talk when I went in the court room.

I had a clean licence, letter saying I could lose my job, was dressed in a suit and pleaded guilty.

The stipendiary (travelling judge) with two magistrates listened to the case. The magistrates where only there to watch.

After 30 minutes... 28 day ban, 0 points, 250 fine and 50 courts costs and a solicitor bill for 300 (which got argued down - VAT is not added onto toll bridges or car park tickets).

I have no idea what would have been the outcome of the case if I had tried to defend myself (probably an embarressing display of unmanly tears).

A ban of 28 certainly doesn't mean you have to retake the driving test again. The lack of points was also a plus, 28 days was a pain but I found that using the bus and train to get everywhere made me far more aware of speed after I got the licence back.

After two years I slip now and again, but certainly not as bad as I used to.
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