fisherman wrote:
Mad Moggie wrote:
Sentence is unduly severe though for 42 mph in a 30 mph.
Unless you have a lot more case specific information than is posted here this is no more than a wild guess.
We know of rather a lot of folk who received FIXED PENALTY for this speed - up to 45 mph on a Gatso. They obviously did not qualify for the Speed Course

.. but even so.. they still had the standard fine. Why this seem OTT result for this person.
Perhaps he had the defiance to complain - but ist not clear whether BiB stop or ping from his post anyway. Perhaps if a BiB .. then some other factor in the driving.. which may be related to the Lyme Disease. (Ist a nasty little one. My firm ist more dealing with virus und cancers. Our competition based in the USA may have an effective weapon to bash this bacteria into complete surrender soon though. But this does not help Lymer immediately though

Und remember .. hurdle through US licence does not mean "cleared for UK und Europe" either.
Quote:
What is, or is not, appropriate as a sentence for any speeding case that reaches court depends on a lot more than the numbers.
As a matter of fact the guideline sentence for a simple (ie no aggravating or mitigating circumstances) 42 in a 30 limit is 4/5 points OR a ban of up to 42 days.
It wouldn't take much in the way of aggravating features to push 5 points up to 6.
As I mention above
My English may not be as good as Mad Doc's .. but I think I do see thing a little better than a mere male anyway
His explanation of Lyme's ist accurate und he try to couch anything medical in passing in simple explanatory lingo .. with no jargon ... We try to help folk to understand Lymer's problem here und not judge him .. und our lurks will do just that
as you know. Besides .. if we help folk recognise a symptom to work on.. und improve their health.. all the better.
But .. I agree that we do not know what other factor prevailed if Lymer was tugged by real Plod und not Gatso if he did not get a NIP. But then as mentioned.. he could have been in throes of Lyme's at the time .. undiagnosed at that point.. but medical evidence from timing could be one angle of argument for him to look at .. assuming his appeal can be re-opened due to these extenuating circumstance for him.
But this was perhaps

not available at his first court hearing when he was awarded a severe penalty when you consider someone Mad Doc reported in Bolton press only got 3 points for a very careless driving case

Und the one who killed the vodka swigging teenager received 6 points on licence.. He did drive at an alleged 54 mph in a 30 mph zone as well. It ist when you measure these punishment side by side .. that you have to ask hard question as to what exactly consitittute justice in this country.

Mad Doc reported it on here und on PH as "Six of One/Half Dozen of the Other" when this story broke in the regional press for North West England. She was drunk. He was tooling it. He was originally charged with "death by dangerous".. but the two bottles of vodka consumed by a little girl late at night.. rather impacted on prosecution's case. As a Mama .. I do wonder about why she was out so late.. und I am appalled that someone was stupid enough to sell her this stuff as I am under impression that this ist also illegal und can be whopping fine und even jail term.

(ja.. I do know that young girls appear older than are with make-up, boobs und sassy clothes.. I jazzed myself up that way as teenager und turn

into my own mama when my own girls do this

We have the little talk about sluts und tartlets at this point

)
Ja.. I digress.. I chatter on as usual. But I try to show that perhaps this was a bit severe when you look at what get passed down for much more serious daftness on our roads .. und one has to say that if pinged normally by Gatso at such speed .. he get the Fixed Penalty which ist less in any case. (I know Liebchen.. he does not actually
say so in the OP.. but it sound like a "tug" und something else must have been reason for that severity.. und we cannot rule out Lyme's was making its presence known to him at that point.. but he ist hardly one of the "Burton" cash which can find evidence of "automatism" in any case - can we

I sympathise with the chap if really "automatism" .. but whatever the truth in that case.. he has to live with his conscience und ultimately .. "what go around come around" anyway.)
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Mad Moggie wrote:
This is where justice becomes a farce .. with decisions based subjectively on the magistrates and judges on the day.
An even wilder guess than the last one.
Sentencers listen to all the information put forward by both sides.
Then they work out the aggravating circumstances - if any.
Then they work out the mitigating circumstances - if any.
Then they take into account any features of the offender - early guilty plea, previous record (good or bad)
Then they balance all those factors to arrive at an estimation of seriousness.
If they feel a disqualification is merited the offender is asked if he would like to make an exceptional hardship claim, which if successful will avoid the ban.
Then they sentence in accordance with the guidelines.
All of the above is recorded on a sentencing record form which will be available at any appeal that may be made.
OK .. ist a civil case we know .. but even so.. guy admitted he was speeding und on wrong side of road und not complying with Highway Code when he collided with a vehicle on a bend. But he denied liabilty und the plaintiff was injured. It was one word against the other as no independent witness. Judge incredibly found for the defendant .. saying the Highway Code was just a Code.
Take Dan Cadden the cyclist's period of complete "angst" as a result of an incredibly incompetent judge .. und the expense of trying PC Milton twice.. plus the blinkers on the judge in charge of the case of the Chinese Takeaway... und you have some pretty hard questions to ask of Lady Justice in the UK.
We also know of a lady who was hit up the rear end whilst at traffic lights. The person who hit her car on the far RIGHT REAR ... claims "she changed lanes" when she had been stopped at the lights.
No independent witnesses sadly. Her insurers play very fair with her. They know not possible for damage to occur if hit per his claim. They even tell her his own insurers doubt his story ... but since he claimed for injury und hire cars.. und they paid up initially believing his story.. they now want cash back.

The insurers inform her of his version .. und ask for comment. She reply. He change story to fit even. It now go to court. The lady sobbed into her drink with us at our local over weekend. She say her insurers support.. even rejected a back out appeal for 50:50 from the other chap's insurers. The solicitors they hire say she has a strong case .. but still warn her "that judges are very strange people und that it depend who they get.. (apparently elderly geezers are best und wimmin are "'opeless"

) und who ist believed on the day as well.
The firm ist local und very reputable. We hired them to fight for my rights after that little episode of mine. For them to warn of this .. tell us plenty about "so called justice" system
I do hope Lymer can get his appeal back up und running. In meantime .. point stay on licence for 4 years. Declareable for 5 years. He ist already 18 months into recovery.. so perhaps two years since conviction. I reckon he may have another year or so to go before fully normal. Shop around for best quote under circumstances und do seek out und take advantage of any free advice clinics for this case.
Hope it work out well for you.