Can I plead not guilty?

Anything goes, and mine's a Guinness.
Gedge
Posts: 1576
Joined: Wed Jan 23, 2013 9:19 pm
Been thanked: 1 time

Re: Re: Can I plead not guilty?

Post by Gedge »

-Ralph- wrote:My advice is take the COFP

Going to court instead of a COFP is only worth it if you think you are not guilty.

If you are guilty with mitigating circumstances, the best the court can do is reduce the punishment to the same as the fixed penalty, so that's only worth it if you got a summons instead of a COFP, therefore you're expecting a bigger punishment.
If he is already on 9 points ( I presume the earlier mention of this was him??) then the conditional offer will be withdrawn as he will face a totting up ban..
SteveW
Posts: 3918
Joined: Wed Dec 07, 2011 2:13 pm
Has thanked: 265 times
Been thanked: 264 times

Re: Re: Can I plead not guilty?

Post by SteveW »

Only six points currently Gedge.
The first Three I really could have avoided. The second three speed camera 40 in a 30. Fair enough.
First Three:-
Wales, unmarked police car parked in a side road, dude had a hand held camera.
Zap! Fat lad doing 50 in a 40 (200 yards before it changed to 50)
I noticed the car, poised as if to exit a side road as I said unmarked, I made eye contact with driver, ok he's waiting for me to pass.
I Continued on, then the Dick head pulled out on me! Then puts his blues on.
The ABS on my GSA was chattering!
He was nice as pie, I thought he was going to let me get on my way. But he booked me.
I should have gone right at the prick from the start.....threatening him with reporting him for dangerous driving, may be we'd have done a deal whereby he used his discretion?
picos mestizo
Posts: 4240
Joined: Wed Mar 14, 2012 10:55 pm

Re: Re: Can I plead not guilty?

Post by picos mestizo »

Don't even think about fighting it unless you have a barrister to represent you.
With genuine mitigating circumstances you are better writing an explanation to the chief constable.
If it goes to court a magistrate will only be interested in wether you were breaking the LAW. They will not even take into consideration the police discresions of 10% etc.
& you'll get costs of 600 pounds per day for their barristers attendance.
Been there seen it done it & believe me it hardens your attitude to any kind of assistance they might request in the future like putting them out when they are on fire. :whistle: The bitterness lingers for a very long time. :angry:
Lightness is everything.

Lightness with Grunt is a Scratcher!

An Adventure is not a tank transfer.
MarkN
Posts: 1603
Joined: Wed Sep 21, 2011 9:40 pm

Re: Can I plead not guilty?

Post by MarkN »

It's always hard to admit you're at fault and sadly, if you're the one riding/driving the vehicle, you have no one else to blame but number one.

In the long run, take the points, pay the fine and save your money that you want to spend on a solicitor etc and spend it on getting some further training like the RoSPA or IAM course.
-Ralph-
Posts: 6803
Joined: Tue Aug 02, 2011 7:16 pm

Re: Re: Can I plead not guilty?

Post by -Ralph- »

Gedge wrote:
-Ralph- wrote:My advice is take the COFP

Going to court instead of a COFP is only worth it if you think you are not guilty.

If you are guilty with mitigating circumstances, the best the court can do is reduce the punishment to the same as the fixed penalty, so that's only worth it if you got a summons instead of a COFP, therefore you're expecting a bigger punishment.
If he is already on 9 points ( I presume the earlier mention of this was him??) then the conditional offer will be withdrawn as he will face a totting up ban..
Yes, if thats the case. There was another thead recently though where a guy had been caught by a gasto and that was taking him onto 9 points. My reply was he missed his appointment at specsavers. Not sure if this is the same person though.

SteveW, do you have 9 points already?
"Luke, you're going to find that many of the truths we cling to depend greatly on our own point of view" - Obi-Wan Kenobi
-Ralph-
Posts: 6803
Joined: Tue Aug 02, 2011 7:16 pm

Re: Can I plead not guilty?

Post by -Ralph- »

MarkN wrote:and spend it on getting some further training like the RoSPA or IAM course.
I didn't want to say it, because it makes those who have had further training sound like holier than thou preachers, but after advanced training you will always spot the cameras and 99.9% of the time unlike someone on the other thread, you will always know what the speed limit is. It fundamentally changes the way you take in your forward observations.
"Luke, you're going to find that many of the truths we cling to depend greatly on our own point of view" - Obi-Wan Kenobi
Mike54
Posts: 5141
Joined: Thu Jan 05, 2012 7:11 pm
Has thanked: 18 times
Been thanked: 95 times

Re: Can I plead not guilty?

Post by Mike54 »

-Ralph- wrote:
MarkN wrote:and spend it on getting some further training like the RoSPA or IAM course.
I didn't want to say it, because it makes those who have had further training sound like holier than thou preachers, but after advanced training you will always spot the cameras and 99.9% of the time unlike someone on the other thread, you will always know what the speed limit is. It fundamentally changes the way you take in your forward observations.
Not much help against radar guns though is it.
Richard Simpson
Posts: 3402
Joined: Thu Apr 21, 2011 1:30 pm
Been thanked: 1 time

Re: Can I plead not guilty?

Post by Richard Simpson »

In answerto your original question...you can, but I wouldn't bother if they are going to give you an FPN.

Even if you take a barrister to magistrates court and win, you will still have to pay your costs.

It's not fair, but life isn't, I'm afraid.
rodyorkabr
Posts: 671
Joined: Fri Jul 01, 2011 9:13 pm
Location: York
Has thanked: 18 times
Been thanked: 11 times

Re: Can I plead not guilty?

Post by rodyorkabr »

You are aware you have 2 options; defence or acceptance of the charge:
I might consider:
1.Plead guilty by post
2.Include mitigating circumstances
3.Don't take too seriously advice on legal matters from bike forums ;)
Redmurty
Posts: 11717
Joined: Thu Oct 28, 2010 6:44 pm
Has thanked: 337 times
Been thanked: 153 times

Re: Can I plead not guilty?

Post by Redmurty »

rodyorkabr wrote:You are aware you have 2 options; defence or acceptance of the charge:
I might consider:
1.Plead guilty by post
2.Include mitigating circumstances
3.Don't take too seriously advice on legal matters from bike forums ;)
I would say don't take it seriously at all.... :whistle:

cheers Spud ;)
Life... it's not a dress rehearsal



You don't waste time... you waste yourself
Post Reply

Return to “THE PUB”