ive recently just passed my driving test that the Army has paid for, now im up in court to be banned from driving because of speeding at speeds in excess of 100mph. Because ive only been driving for 6 months or so ths meansi will get a automatic ban, i was going to take a solicitor to court with me to try reduce the ban lenght from a year+ to 6 months or less, i know they cost a fair wack but im willing to pay it, however ive been told, by my full screws and SNCO, just to go with the officer representing. I am wondering if anyone can help shine any light as weather to save my money and just take the officer and see if what he has to say will reduce it or take the solicitor with me too.
Driving ban!
- Thread starter Callummcilroy1
- Start date
dingerr
LE
There’s little a solicitor can do. It’s a strict liability offence, meaning that you don’t have a defence. You either did it or didn’t and as the Police caught you bang to rights, you clearly did it.
Have received a summons to appear in court? If so
The representing officer won’t do much, they give a brief rundown of your conduct, your pay and possibly any responsibilities you have that may be effected by a driving ban.
If you feel you need any legal advice ask for the court duty solicitor. It won’t cost you anything.
If you haven’t received anything yet then just wait out. You might get the offer as a speed awareness course. It would be unusual for speeds over 100mph, which normal attract a ban, which requires a court appearance, but these are unusual times and the courts are under pressure due to a huge backlog, so you never know.
Don’t forget to write a letter of contrition to your OC apologising for embarrassing your capbadge and causing him extra work.
Have received a summons to appear in court? If so
The representing officer won’t do much, they give a brief rundown of your conduct, your pay and possibly any responsibilities you have that may be effected by a driving ban.
If you feel you need any legal advice ask for the court duty solicitor. It won’t cost you anything.
If you haven’t received anything yet then just wait out. You might get the offer as a speed awareness course. It would be unusual for speeds over 100mph, which normal attract a ban, which requires a court appearance, but these are unusual times and the courts are under pressure due to a huge backlog, so you never know.
Don’t forget to write a letter of contrition to your OC apologising for embarrassing your capbadge and causing him extra work.
stacker1
LE
I was an assisting officer to a new soldier who was looking at a possible 6 points (and ban) for leaving the scene of an accident (it was a minor shunt). My advice was get a decent lawyer, which he did and she persuaded the court that 5 points and a fine was adequate on a guilty plea.
In your case though, Id say you are fucked, 100 Mph is not the same as a minor shunt.
Although in this case the magistrate did ask me some questions, he didnt have to and an assisting officer normally has very little influence (or knowledge) with the court. A trained solicitor will and might curb the punishment (although you'll still highly likely get a ban)
dingerr
LE
What role/trade are you?
GingerNavs
Clanker
There's a difference between a disqualification and, in this case, revocation of your license as a new driver. You would have to re-take your test.
Robs dad
LE
'In excess of 100mph'….. oh dear, that is going to be a lengthy ban... especially if you're a recently qualified driver with little experience and don't have Lewis or Hamilton as middle names between the Callum and McIlroy... Assuming you have no mitigation excuse, like you were racing off in a blind panic to see a parent on their death bed, house was on fire, you were chasing kidnappers who had grabbed your child from the side of the road, or it was mechanical fault as the accelerator had stuck and you tried everything to slow down M'lud then you're f*cked.
Hope that you'll learn from this going forward as it should be seen as a privilege to share the road with people like me......
...but some people just take the piss and drive like idiots
….and some get smeared down the road in a bloody mess of minced meat. At least that didn't happen
Hope that you'll learn from this going forward as it should be seen as a privilege to share the road with people like me......
...but some people just take the piss and drive like idiots….and some get smeared down the road in a bloody mess of minced meat. At least that didn't happen
Driving less that 6 months and caught speeding at 100 mph - now trying to reduce the length of any ban
So the Army has taught you to drive, which you are not able to do - waste of Army resources
You deserve to be banned for 5 years until you grow up
If I was your OC I would claw back the cost of teaching you to drive
Archie
So the Army has taught you to drive, which you are not able to do - waste of Army resources
You deserve to be banned for 5 years until you grow up
If I was your OC I would claw back the cost of teaching you to drive
Archie
stacker1
LE
If you are sitting on an enormous pile of cash, this bloke will probably get you off the charges
www.nickfreemansolicitors.co.uk
Freeman & Co. Solicitors | The Home Of Mr Loophole, Nick Freeman
Nick Freeman's firm of solicitors, specialising in drink driving, drug driving, speeding and all aspects of motoring law and criminal defence.
www.nickfreemansolicitors.co.uk
dingerr
LE
If you are sitting on an enormous pile of cash, this bloke will probably get you off the charges
Freeman & Co. Solicitors | The Home Of Mr Loophole, Nick Freeman
Nick Freeman's firm of solicitors, specialising in drink driving, drug driving, speeding and all aspects of motoring law and criminal defence.
I think it costs in the region of £20k for him to represent you and get you off with a loophole.
I don't think he does forces discount, but no harm in asking.
I think you are in the mitigation game rather than the pleading innocence game, as you sound bang to rights. Might get you down from a ban to just points and a fine if you are willing to stand in court looking all sorry, with an Assiting Officer telling the court how vital it is to the Army that you don't lose your licence.
Then again, the Judge might play you with a straight bat.
Either way, make sure you stay on the good side of your Chain of Command, as they are here to help you, both in court and in helping your career recover if it gets affected.
What I would advise against is getting all punchy and claiming that you've been wronged and you'll bang Service Complaints in left right and centre if your career gets affected. You are bang to rights and will only piss those off who can help you.
In summary - eat the humble pie, be all apologetic and you might get a lesser punishment. And for the love of god, don't do it again.
Then again, the Judge might play you with a straight bat.
Either way, make sure you stay on the good side of your Chain of Command, as they are here to help you, both in court and in helping your career recover if it gets affected.
What I would advise against is getting all punchy and claiming that you've been wronged and you'll bang Service Complaints in left right and centre if your career gets affected. You are bang to rights and will only piss those off who can help you.
In summary - eat the humble pie, be all apologetic and you might get a lesser punishment. And for the love of god, don't do it again.
As a young OCdt, I was caught fair and square by Surrey’s Finest doing c120 mph on the M25 trying to get back before curfew. For extra kudos, I had an averagely attractive female OCdt with me and of course, as a result of being stopped, I did miss curfew and was duly punished with endless Show Parades, showing self not being late.
I assumed I was going to be totally screwed by the law and duly started to put away a hefty whack of my pay, towards the enormous fine I was going to get.
However, I did not account for the incredible oratory skills of my Assisting Officer that day from the Academy, who was one of the Pl Commanders, who in retrospect probably preferred a trip to court over Drill.
As I stood nervously in front of the beak, I duly pled guilty, expressed severe remorse for wasting police and court time and braced myself for the inevitable punishment.
The Judge - a rather elderly, wise gentleman (aren’t they all?) - asked that before he pronounced sentence, he noted I had an Assisting Officer and would he like to say a few words? Luckily, he would.
“OCdt Partridge, your Honour, had already recieved a severe military punishment for being late back on duty, and I would respectfully ask the Court to take this into account.”
“I see...” said the Judge. “And, could you kindly explain the impact of OCdt Partridge losing his licence?”
“Of course, your Honour. The impact on the Nation itself would be most severe! Why, without a valid driving licence, OCdt Partridge would be unable to command military vehicles, leaving them without leadership and direction. Ultimately, vital supplies may not be able to to be delivered in military situations such as delivering front line ammunition, or delivering aid to starving African children!”
“I see...” considered the Judge. “And how long has Partridge left to study at RMAS before he has to undertake these vital National duties?”
“Three weeks, your Honour.”
“Noted. Partridge, you are banned from driving for two weeks and fined £200 and never let me see you again.”
Result.
TL
R - Get a shit hot Assisting Officer.
I assumed I was going to be totally screwed by the law and duly started to put away a hefty whack of my pay, towards the enormous fine I was going to get.
However, I did not account for the incredible oratory skills of my Assisting Officer that day from the Academy, who was one of the Pl Commanders, who in retrospect probably preferred a trip to court over Drill.
As I stood nervously in front of the beak, I duly pled guilty, expressed severe remorse for wasting police and court time and braced myself for the inevitable punishment.
The Judge - a rather elderly, wise gentleman (aren’t they all?) - asked that before he pronounced sentence, he noted I had an Assisting Officer and would he like to say a few words? Luckily, he would.
“OCdt Partridge, your Honour, had already recieved a severe military punishment for being late back on duty, and I would respectfully ask the Court to take this into account.”
“I see...” said the Judge. “And, could you kindly explain the impact of OCdt Partridge losing his licence?”
“Of course, your Honour. The impact on the Nation itself would be most severe! Why, without a valid driving licence, OCdt Partridge would be unable to command military vehicles, leaving them without leadership and direction. Ultimately, vital supplies may not be able to to be delivered in military situations such as delivering front line ammunition, or delivering aid to starving African children!”
“I see...” considered the Judge. “And how long has Partridge left to study at RMAS before he has to undertake these vital National duties?”
“Three weeks, your Honour.”
“Noted. Partridge, you are banned from driving for two weeks and fined £200 and never let me see you again.”
Result.
TL
R - Get a shit hot Assisting Officer.
dingerr
LE
As a young OCdt, I was caught fair and square by Surrey’s Finest doing c120 mph on the M25 trying to get back before curfew. For extra kudos, I had an averagely attractive female OCdt with me and of course, as a result of being stopped, I did miss curfew and was duly punished with endless Show Parades, showing self not being late.
I assumed I was going to be totally screwed by the law and duly started to put away a hefty whack of my pay, towards the enormous fine I was going to get.
However, I did not account for the incredible oratory skills of my Assisting Officer that day from the Academy, who was one of the Pl Commanders, who in retrospect probably preferred a trip to court over Drill.
As I stood nervously in front of the beak, I duly pled guilty, expressed severe remorse for wasting police and court time and braced myself for the inevitable punishment.
The Judge - a rather elderly, wise gentleman (aren’t they all?) - asked that before he pronounced sentence, he noted I had an Assisting Officer and would he like to say a few words? Luckily, he would.
“OCdt Partridge, your Honour, had already recieved a severe military punishment for being late back on duty, and I would respectfully ask the Court to take this into account.”
“I see...” said the Judge. “And, could you kindly explain the impact of OCdt Partridge losing his licence?”
“Of course, your Honour. The impact on the Nation itself would be most severe! Why, without a valid driving licence, OCdt Partridge would be unable to command military vehicles, leaving them without leadership and direction. Ultimately, vital supplies may not be able to to be delivered in military situations such as delivering front line ammunition, or delivering aid to starving African children!”
“I see...” considered the Judge. “And how long has Partridge left to study at RMAS before he has to undertake these vital National duties?”
“Three weeks, your Honour.”
“Noted. Partridge, you are banned from driving for two weeks and fined £200 and never let me see you again.”
Result.
TL
This is why I believe I would enjoy being a magistrate, dealing with bluffing gits.
Outstanding blag mind.
stacker1
LE
As a young OCdt, I was caught fair and square by Surrey’s Finest doing c120 mph on the M25 trying to get back before curfew. For extra kudos, I had an averagely attractive female OCdt with me and of course, as a result of being stopped, I did miss curfew and was duly punished with endless Show Parades, showing self not being late.
I assumed I was going to be totally screwed by the law and duly started to put away a hefty whack of my pay, towards the enormous fine I was going to get.
However, I did not account for the incredible oratory skills of my Assisting Officer that day from the Academy, who was one of the Pl Commanders, who in retrospect probably preferred a trip to court over Drill.
As I stood nervously in front of the beak, I duly pled guilty, expressed severe remorse for wasting police and court time and braced myself for the inevitable punishment.
The Judge - a rather elderly, wise gentleman (aren’t they all?) - asked that before he pronounced sentence, he noted I had an Assisting Officer and would he like to say a few words? Luckily, he would.
“OCdt Partridge, your Honour, had already recieved a severe military punishment for being late back on duty, and I would respectfully ask the Court to take this into account.”
“I see...” said the Judge. “And, could you kindly explain the impact of OCdt Partridge losing his licence?”
“Of course, your Honour. The impact on the Nation itself would be most severe! Why, without a valid driving licence, OCdt Partridge would be unable to command military vehicles, leaving them without leadership and direction. Ultimately, vital supplies may not be able to to be delivered in military situations such as delivering front line ammunition, or delivering aid to starving African children!”
“I see...” considered the Judge. “And how long has Partridge left to study at RMAS before he has to undertake these vital National duties?”
“Three weeks, your Honour.”
“Noted. Partridge, you are banned from driving for two weeks and fined £200 and never let me see you again.”
Result.
TL
Although that was the same (Genuine) excuse my soldier had, its not like that in most cases anymore, assisting officers are in suits (so arent really noticeable) and most magistrates dont care anyway, they just sit quietly at the back most of the time.
Get a shit hot solicitor is the advice
Aye, it can often go a bit wrong. I am told a friend of mine (a Troop Leader in the Cavalry at the time) stood up in Court to say a few similar words in defence of a young soldier also up for speeding. The Judge beckoned him to stand up.
“Ah, I see Trooper X has brought his an AO with him to say a few words. I would be keen to hear this as my son is also in a Cavalry Regiment, so I will take great interest in this.”
My friend quickly decided that discretion would be the better part of valour and stuck strictly to the facts.
Fair one. These days a solicitor is a very wise move.
MrMemory
LE
You might also consider adopting a nom de plume for this site as the name you are using gives up your social media accounts, location and occupation very quickly.
Truxx
LE
A long time ago now, but one of my soldiers (on a vehicle trials team as it happens) picked up a court appearance for some 3 digit speeding.As a young OCdt, I was caught fair and square by Surrey’s Finest doing c120 mph on the M25 trying to get back before curfew. For extra kudos, I had an averagely attractive female OCdt with me and of course, as a result of being stopped, I did miss curfew and was duly punished with endless Show Parades, showing self not being late.
I assumed I was going to be totally screwed by the law and duly started to put away a hefty whack of my pay, towards the enormous fine I was going to get.
However, I did not account for the incredible oratory skills of my Assisting Officer that day from the Academy, who was one of the Pl Commanders, who in retrospect probably preferred a trip to court over Drill.
As I stood nervously in front of the beak, I duly pled guilty, expressed severe remorse for wasting police and court time and braced myself for the inevitable punishment.
The Judge - a rather elderly, wise gentleman (aren’t they all?) - asked that before he pronounced sentence, he noted I had an Assisting Officer and would he like to say a few words? Luckily, he would.
“OCdt Partridge, your Honour, had already recieved a severe military punishment for being late back on duty, and I would respectfully ask the Court to take this into account.”
“I see...” said the Judge. “And, could you kindly explain the impact of OCdt Partridge losing his licence?”
“Of course, your Honour. The impact on the Nation itself would be most severe! Why, without a valid driving licence, OCdt Partridge would be unable to command military vehicles, leaving them without leadership and direction. Ultimately, vital supplies may not be able to to be delivered in military situations such as delivering front line ammunition, or delivering aid to starving African children!”
“I see...” considered the Judge. “And how long has Partridge left to study at RMAS before he has to undertake these vital National duties?”
“Three weeks, your Honour.”
“Noted. Partridge, you are banned from driving for two weeks and fined £200 and never let me see you again.”
Result.
TL
He took a WO Master Driver with him to court, who explained that driving was part of the individuals trade and loosing it was a significant hit, over and above anything the Beak might like to hand down.
The beak asked if it were possible for him to have a military license not not a civvie one. No was the reply. Are you sure? asked the beak and adjourned the hearing until a definitive answer was forthcoming.
Exceptionally the ALA authorised it, and he ended up with a military FMT3, and retention of trade pay, but a £200 fine and 3 year civvie ban.
So the advice about having an assisting officer prepared to big you up is an important consideration.
as an aside -bearing in mind the wording of the plea of mitigation - which one of you was the truckie?
devexwarrior
LE
The OP's Chain if Command will also have the option of AGAI 67 Administrative Action.
