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 Magistrates Sentencing Guidelines for Motoring Offences 
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 Post subject: Magistrates Sentencing Guidelines for Motoring Offences
PostPosted: Wed Jun 22, 2005 3:32 pm 
RT GOD

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Thought this reference might be of some use to people

PLEASE though, if you get a fixed penalty offer and you know you're "bang to rights", accept it ;)

If anybody can't make sense of any of this info, PM or MSN me and I can explain further.

Where a fine code is mentioned:-

A = 50% one weeks income

B = 100% one weeks income

C = 150% one weeks income

Also, please be aware that once the case comes to court there is a stautory discount on sentence for early guilty plea.

OK - here's what the Magistrates use to assist them to decide a sentence:-

Careless Driving

Dangerous Driving

Failing to Stop or Report

No Insurance

Refuse Evidential Specimen

Speeding

Excess Alcohol


A little additional information:-

12 points on a licence leads to a mandatory "totting" disqualification of between 6 months and 2 years. but your points go to zero.

You CANNOT receive points AND a disqualification for the same offence.

6 points on the licence of a newly qualified driver (less than 2 years after passing driving test), leads to revocation of the licence and you have to start again from square one.

There is NO 2 week or 3 week time limit for the service of either a fixed penalty notice or Notice of Intended Prosecution if you are stopped by a Police officer and spoken to.

If you were detected by a speed camera, the Notice of Intended Prosecution must be served within 14 days of the event under normal circumstances. HOWEVER, that does not mean thet you have to receive it within that time. If the authority issuning the NIP posted it so thast it would be assumed to have arrived in time by ordinary mail, it will be considered as served.

Further, the onus is on the defendant to prove that it was served out of time. BEWARE, this is a very dangerous game to play.

Failure to complete or sign appropriate forms does NOT mean you will "get away with it", all it does is to render you liable to a charge of wasting Police time.

Hope this info will be useful (but never needed) ;)

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Last edited by Raistlin on Wed Jun 22, 2005 3:35 pm, edited 1 time in total.

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