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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Do I have any rights to attend court following a speeding

Resolved Question:

Do I have any rights to attend court following a speeding offence of 81 in a motorway 50 mph limit? I requested a change of date for the initial hearing date due to a holiday and was advised that the hearing would be adjourned and an alternative date issued. On return from holiday I received a letter advising me that the hearing had taken place and I was being endorsed with points and fine
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did you get notified in writing that it would be adjourned please?
Alex

Customer: replied 1 year ago.
No, it was via telephone after I sent an email requesting the change. I was told I would be sent a letter on the initial hearing date
Expert:  Ash replied 1 year ago.

What sentence did you get? Did you plan to contest the matter or to attend for sentence?

Customer: replied 1 year ago.
6 points and £1600 fine. I pleaded guilty by post but requested a hearing
Expert:  Ash replied 1 year ago.

Yes I understand, but why did you want/need to attend? Did you provide details of your finances?

Customer: replied 1 year ago.
I was made redundant on the day of the offence, so intended to plead leniency
Customer: replied 1 year ago.
I completed the means form
Expert:  Ash replied 1 year ago.

Ok. Well you can appeal sentence and it will be heard at the Crown Court.

But if you appeal you can get a worse sentence than you currently have.

The sentence guidelines say the range for this type of offence is 6 points OR disqualify for 7-56 days and a fine.

I have to say I would be weary about an appeal, as 6 points is ok. You could have been disqualified and if you appeal the Judge may disqualify you instead.

You cant just appeal the fine, sadly you have to appeal the whole sentence.

But the fact you were made redundant is not a defence, it is mitigation and would make no difference to the points.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I just wondered if because I was told one thing and then not given the opportunity, it could be contrived as dishonest
Customer: replied 1 year ago.
an infringement of my rights, and void the whole thing
Expert:  Ash replied 1 year ago.

No it wouldnt. You can appeal, so you have not lost any rights.

You pleaded guilty, so stand convicted, its only the sentence I assume you disagree with.

Does that clarify?
Alex

Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Great thanks
Expert:  Ash replied 1 year ago.

But as I have said, if you appeal a sentence can go up and well as stay the same or down
Good luck. Alex