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 Post subject: Appealing!
PostPosted: Sat Jan 21, 2006 05:29 
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I recently had a court case against me for a speeding fine where i was caught doing 77mph in a 50mph zone. I received 6 points and a £110 fine and consequently lost my licence as i've been driving for 1 year and 11 months, you can imagine how annoyed i am! I have appealed within 14 days and i'm waiting to hear back from the court now. I gave them my reasons why I am unhappy about their decision as the phone operator of the court told me to do but i'm not really sure what this will do to help. I now can't get to work, have a life or in general live at all. Do they take this all into account in an appeal letter or am i wasting my time just to receive a bigger fine? Also i'm going to start going through the process of getting a new provisional licence etc and retaking my tests as I need to get my licence back as quick as possible as you can tell, how long do appeals normally take to come about at the court? I didn't appear before the court last time as I decided to take the option to plead guilty by post, was this a bad idea? I've heard from alot of people and they all think my conviction is very harsh and have told me to appeal, you think it may be due to them thinking I have a "cant be arsed" attitude by not appearing? Also by reading various things on the internet it looks like you can still drive if you have appealed against the conviction as the conviction does not stand until you have been to court again is this true? The last day the DVLA said I could drive was yesterday but i'm not sure if this has changed now!
Any info you can give me i'll be glad to read. Cheers.


Here is a copy of my appeal letter...

Quote:
Dear Sir/Madam,
I am writing in conjunction with a recent phone call I made to the court referring to a case I was involved in on the 9th of January 2006 in which I received 6 points and £110 fine/costs as a conviction. The case was in accordance with a speeding offence I admit committing, but I do not agree with the charges received and I still stand by my mitigating circumstances given to the court. I have been driving for 1 year and 11 months and this conviction is my first offence. The given conviction takes away my right to drive without first retaking both of my driving tests, which will take upwards of 3 months in my local area.

The reason I am unhappy about the decision is that I will not be able to get to work without the aid of my car, which in turn will stop my income and leave me in arrears with my current outgoings. I am currently going through process of promotion and the hotel I work at rely on me heavily, if I was not able to get there many other staff will not be able to get there either which will affect the hotel. I work various hours mostly very late which would stop me from being able to get home afterwards on a bus and as it is a fair distance from my home it would cost me more than my income in taxi fairs. My current job is aiding me also to go to university next year, if I was to lose my job which would be inevitable within the next few weeks without transport would stunt the process of being accepted. I am currently doing qualifications within the hotel that are also enabling me a better chance of being accepted.

I have stated above the reasons in which I feel unhappy about the conviction given to me and I ask you to please reconsider the decision. I am willing to take an advanced driving course and a higher fine as an alternative, just as so my licence is not revoked. I am not sure if this will involve an appeal at the court, if this is so please go ahead if it is possible. If it is not possible please let me know as so I can find out what to do next. Thank you for your time.

Yours sincerely,



Edward Cooper


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 Post subject:
PostPosted: Sat Jan 21, 2006 20:08 
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Your licence only reverts to a provisional if you get 6 points, so you should be able to resit your test immediately. You are not banned from driving.

As for your appeal, I agree with you in principle, but to be honest I don't think the court will care about any the things you have said. All they care about is the number of miles per hour shown on the dial. I would expect that in all probability your sentence will be increased if you continue the appeal.


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PostPosted: Sat Jan 21, 2006 21:10 
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Tricky.

When you appeal against sentence you can apply to the megistrates to have sentence suspended pending appeal. Have you done that? And what did the magistrates say?

The best place to get advice with this is the forums at http://www.pepipoo.com

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 Post subject: Re: Appealing!
PostPosted: Mon Jan 23, 2006 10:05 
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Coop wrote:
I recently had a court case against me for a speeding fine where i was caught doing 77mph in a 50mph zone. I received 6 points and a £110 fine and consequently lost my licence as i've been driving for 1 year and 11 months,


You no doubt feel quite badly done to but it looks to me like the courts have been very lenient with you.

You could have been banned for that speed. You have not been banned, you simply have to retake your test. I am sure this will not count quite as badly against you for insurance purposes.

Resitting the test will probaby be quicker than appealing the sentence. I know someone who managed to take bot theory and practical tests within a month by continually badgering a number of test centres for cancellations.


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PostPosted: Wed Jan 25, 2006 23:11 
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I agree, 77 in a 50 is a bit stupid, there can be no complaints really. Your speedo must have been reading at about 80! Consider yourself lucky that you have not been banned from driving. I would leave it and get on with the re-test.

Good luck with the insurance as well! :shock:


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PostPosted: Mon Mar 20, 2006 11:51 
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Wouldnt it be better if the guy is banned feom driving? 27 mph over the limit would see a ban of 2-4 weeks would it not? Surely a lot easier than having to resit I assume, both written and pratical tests?

From what I've seen of the Road Traffic (New Drivers) Act 1995, once the ban they give you is completed you can drive again but still have the probationary period for points.

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