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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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I had a court regarding to my speed appeal.At the scene police

Customer Question

I had a court regarding to my speed appeal.At the scene police gave me 3 point plus a £100 fixed penalty.I appealed it .As I suffer from heart problem ,because of anxiety caused to me by more closing to the court date,I pleaded guilty and by post.
Later I received a letter from court ,giving me 6 point plus a total of £145 charges.
I would like to appeal to crown court and I got 3 papers to do appeal.
I would like to know how may I challenge it by appeal against Magistrate court decision ,regarding to my health condition.I believed that my speed was not much .
I would like to bring to your attention that more than 3 years and less than 4 years ago I had a 3 point because of passing traffic light in my counter part.
I am waiting to hear from you.
Kind regards
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
On what basis do you want to appeal?
You don't need a ground but what is the point you take issue with? Bearing in mind that you pleaded guilty?
Customer: replied 2 years ago.

First of all to challenge the 6 points,at least may reduce it to 3 points.

Meanwhile as I explained in my letter to court I accepted being guilty ,just because of avoiding my medical condition getting worse.

Regards

Expert:  Jo C. replied 2 years ago.
So it is an appeal against sentence not against conviction?
Your health condition is a non issue. I would not even raise it. They will dismiss your appeal and you will be made to pay costs.
You don't need grounds to appeal sentence to the Crown Court. It is an automatic right. What you do need to consider is costs. If you do lose then there will be an increase in costs. Therefore it is only really a good idea to appeal cases where there is a realistic chance of a variation. There may be in this case. It depends what speed they allege and what is the speed limit. There is no realistic chance of getting the fine reduced. That is actually fairly low court hearing. There was always going to be an increased financial penalty following the rejection of the fixed penalty offer.
Sorry if that is bad news but I can only give you truthful information.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

The speed limit was : 30

the alleged speed : 52

Based on your experiences, is there any chance to win the appeal against sentence in such circumstances?

It is normal that court increase the points from 3 to 6 points?

Regards

Expert:  Jo C. replied 2 years ago.
No, I'm afraid not.
The fixed penalty was an amazing offer. Probably they would have withdrawn it anyway when you tried to accept so the appeal did not real harm.
I'm afraid that in a 30 zone this was a good sentence.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks truthful

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.

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