Son facing ban for speed ticket Anyone Help?

[summerbreeze]

My son has just informed me he is in court on 28th over a speeding ticket.

 

52 mph in a 30mph zone.

 

At the time he was doing some work for a car dealer and the vehicle that got the ticket was used by others but it belongs to my son.

On the photo he has shown me there is a large barcode across it and it is impossible to see who is driving.

 

He says he doesnt recall whether he was driving or not.

 

He has 6 points already.

 

He has been in touch with a solicitor who says he can get the hearing adjourned and get him off via extreme hardship.

 

The sol wants approx £1200 + VAT which is an impossibility.

 

I have told my son what a fool he is and if it was him that was driving then hes a double fool.

 

However he has a baby 7 months old and has a rocky relationship with his girlfriend ...he is currently sleeping on our sofa

 

If he loses his licence he wont be able to earn any money and is scared the GF will not let him see his baby.

 

I cant help him financially but is there anything anyone can suggest to help him.?

 

Please dont moralise ..I have already made it clear how stupid he is .. but hes my son and I want to help.

[lamma]

Plead not gulty, this will allow release of the evidence including a proper photo. If the photo shows it was him he can change his plea before the court date. if it shows someone else he has a defense against the speeding. But what happened with the NIP ? who named him ? did he name himself ? is there ANY chance he could get done for a S.172 ? what does the summons say exactly ?

[summerbreeze]

Plead not gulty, this will allow release of the evidence including a proper photo. If the photo shows it was him he can change his plea before the court date. if it shows someone else he has a defense against the speeding. But what happened with the NIP ? who named him ? did he name himself ? is there ANY chance he could get done for a S.172 ? what does the summons say exactly ?

 

He named himself.

 

Sorry I dont know what a S172 is ?

 

the summons says exceeded 30mph [ camera ] speed detected 52 mph

 

contrary to S84 RTRA 84 Sch 2 RTOA 88 & Local Order

 

They sent the photo and a Witness Statement from a Viewing Officer

[summerbreeze]

Ah I googled S172 ...failure to give Driver details ..No he wont be getting charged with that

[lamma]

Its a coin toss then. If we was driving its bad news. Solicitor can't 'get him off due' to extreme hardship but this arguments may lead to no ban being imposed. But it is extreme hardship to others that counts, not hardship to the driver. He may be able to argue for a short ban rather than the points. have a look at http://www.sentencing-guidelines.gov.uk/docs/magistrates_court_sentencing_guidelines_update.pdf

[summerbreeze]

He's been told the minimum ban he would get is 6 months ...is this correct?

 

Might he get a fine instead? and would he get time to pay it ?

[summerbreeze]

Its a coin toss then. If we was driving its bad news. Solicitor can't 'get him off due' to extreme hardship but this arguments may lead to no ban being imposed. But it is extreme hardship to others that counts, not hardship to the driver. He may be able to argue for a short ban rather than the points. have a look at http://www.sentencing-guidelines.gov.uk/docs/magistrates_court_sentencing_guidelines_update.pdf

 

The hardship would be that he would be unable to work and help to support his daughter . The mum does not work.

 

How can I help him?

 

Can I prepare a statement to give to the Magistrates asking them to consider hardship?

[fletchy83]

summerbreeze:

 

Based on the assumption that your son was driving, I think the best way you can support him is to plead guilty and accept the ban. Driving at 52mph in a 30mph is simply dangerous and irresponsible - why should you assist him in escaping punishment? We don't need to go down the "what if's" route, but a ban is nothing compared to other consequences of speeding.

 

If your son is not guilty, which appears not to be the case (saying "I don't know if I was driving" is virtually an admission of guilt), the above advice regarding the photographic evidence is sound - you should flip a coin.

 

The hardship route is unlikely to lead to any successful outcome, in my opinion. Also, the fact that his relationship with the girlfriend is strained bears no relevance to the court proceedings - on that note, however, other routes can be taken should she decide to deny him access to the child.

[summerbreeze]

As I have said above I do not condone him or anyone stupidly driving above the speed limit.

 

I am not trying to help him escape punishments . I am trying to help him be able to continue to work which he will not be able to if he cant drive.

 

A fine will be very difficult also but is preferable to a ban

[itstheone]

I wasn't too impressed with fletchys post either!

 

You dont need a faceless holier than thou person preaching to you:eek:

 

You've asked for advice not a telling off.

 

If the only photo has a barcode across it and you cant tell whos driving i would ask for another one so you can see the driver.

 

Just because your son drives the car the majority of the time, doesn't mean its him this time. I'd do that and take it from there.

[fletchy83]

Well, sorry if I caused offence but I don't think speeding drivers should escape punishment - even if that means they can no longer work. I don't think the families and friends of the 3,500 or so people killed on British roads each year would want it any other way, either.

 

Having said that, I can offer you some further advice. It is up to the prosecution to prove that your son was driving but it is quite likely that, if no evidence to the contrary is provided, the police and courts will pursue either the registered keeper or the person who usually drives the vehicle at the time. If your son pleads not guilty and the evidence is unclear, he could still be prosecuted - in which case I believe he would be liable to pay a fine of between £1,000 and £2,500.

 

Best advice would be to speak to a specialist solicitor.

[summerbreeze]

If you had read my original post you would see that he has spoken to a solicitor who wants to charge £1200 + VAT

 

I have not taken offence ..I knew that if I asked for help I would get some adverse comments . I expected it.

[itstheone]

But they never killed anyone and didnt have an accident.

 

This isnt a moral judgement forum, theres been posts like this before.

 

I'm not gonna post in this thread anymore 'cos i dont wanna hijack it.

 

over and out:|

[fletchy83]

summerbreeze:

 

I did read your original comment. As your primary aim is to ensure that your son is not given a driving ban of any description, the fine or fee options are your only routes. My previous comment was intended to help you realise that pleading not guilty can come at a price if your son is prosecuted.

 

itstheone:

 

The original poster asked how best she could help her son and, in my opinion, I provided a reasonable answer.

[summerbreeze]

Fletchy I take your point.

 

If anyone else can offer me some more advice as to whether I could write something for my son to hand to the magistrates or even if I should go to speak for him I would be grateful

[fletchy83]

summerbreeze:

 

Sorry to muscle in again, but it would be a positive step to plead your son's case to the magistrate in writing. It won't help sway a guilty or not guilty decision but it may influence the outcome of a particular case in terms of a ban or fine. I wouldn't take anything for granted, though.

[summerbreeze]

Ok

I will try to construct a letter and whilst not seeking to trivialise the offence I will ask for clemency regarding both ban and fine.

 

Does anyone else have any comments or advice? All comments are appreciated

[letshelp]

Summerbreeze,

 

Have you posted this problem on Pepipoo, they are a motoring case website. They have a lot of experts on that site who may be able to help you some more. Just Google pepipoo or fightback forums.

regards

[summerbreeze]

Summerbreeze,

 

Have you posted this problem on Pepipoo, they are a motoring case website. They have a lot of experts on that site who may be able to help you some more. Just Google pepipoo or fightback forums.

regards

 

Thank you for that .... will do so