Speeding fine through court and ILR

Hey all,
Need ur experiences/inputs, would be great if anyone in similar situation has recently got ILR and experts to chip in.
Now I know that speeding in general if its fixed penalty, then ur not required to even mention it in the form. But my case is, unluckily, I was doing 57 in a 30 zone late at night(around 10:30-11) on a clear long stretch of road(I know not an excuse, but long story). And got caught an officer with his mobile speed gun. Me all apologetic and sorry, but 6months on, got a court letter for pleading guilty or attend court.
So sent in early guilty by post and, got a fine of £510 and 6 points, which was paid the day I got their fine letter. And that is September last year.
Now my ILR is due in March and I've been reading others posts and some say, that no they won't ILR if convicted by court. And one chap(case on here) went for peo in solihull and they sent him home without even taking his fees, and at the end he mentions that he was involved in an accident where is hit a motorbike rider and didn't respond to court so court convicted him and sent him fine and points.
But then there's another case on here, who sailed through ILR at peo, with same situation as me(speeding and fined by court). And he did mention his conviction in personal history section.

This one got sent home
http://www.immigrationboards.com/indefi ... 23734.html

And this one got ILR easily
http://www.immigrationboards.com/indefi ... 21320.html

Not a single reply??

I'm sure there r quite a few out there who are/were in similar situation and got ILR

I have been researching this as have gone through a very similar situation myself. But I am finding as you found, that some people have got it, while some have been rejected.

It makes me think that the caseworker does have some level of discretion on this. The circumstances surrounding that event may give some leeway to some, while some being clearly at 'fault' will unfortunately not.
When is your ILR due?

Thats nearly twice the speed limit, pretty serious offence...

I am usually of the opinion that a traffic conviction would be a bar for a prescribed period under the suitability requirements (general grounds for refusal). However, based on success stories, it seems to be that as traffic convictions are not usually documented on the PNC they do not constitute a refusal.

Sorry, stopped looking at the forum as there were no replies..

Sheffield_Marketeer wrote:I have been researching this as have gone through a very similar situation myself. But I am finding as you found, that some people have got it, while some have been rejected.

It makes me think that the caseworker does have some level of discretion on this. The circumstances surrounding that event may give some leeway to some, while some being clearly at 'fault' will unfortunately not.
When is your ILR due?

Yes, you're quite right, but if u dig down a little deeper, the cases that I've seen with success in ILR were purely speed related, mostly just SP30. And the ones that I've seen refusal for are something to do with careless driving CU codes i think.
My ILR's due next month, going for PEO.

Also read somewhere, that 2-3 out of 10 people are caught speeding in the UK, sometimes just a smidgen over and sometimes a lot, and that shouldn't make them a person of bad character/criminal. Which is what they look for when they grant u visa.
Like me for instance, I've never oversped in my life, always been a safe driver. Started driving pretty early(since 1998), never caused an accident.
And me being only asian/foreigner in the neighborhood, I'm quite liked there. U come around where I live and ask anyone.
Whenever I've done speeding(abroad), I've always looked out what the enviroment is first i.e, state of road, width, time of the day, traffic etc, and then i decide how much the car and i can safely handle.
Now when i was caught for the first time, had some work done on the engine, heard rattle so looked for very quite road and very quite hour(late night) and u could easily see almost a mile down. hence i decided to check whether rattle persists at higher rpm and boom got caught.

hsyasin wrote:Also read somewhere, that 2-3 out of 10 people are caught speeding in the UK, sometimes just a smidgen over and sometimes a lot, and that shouldn't make them a person of bad character/criminal. Which is what they look for when they grant u visa.
Like me for instance, I've never oversped in my life, always been a safe driver. Started driving pretty early(since 1998), never caused an accident.
And me being only asian/foreigner in the neighborhood, I'm quite liked there. U come around where I live and ask anyone.
Whenever I've done speeding(abroad), I've always looked out what the enviroment is first i.e, state of road, width, time of the day, traffic etc, and then i decide how much the car and i can safely handle.
Now when i was caught for the first time, had some work done on the engine, heard rattle so looked for very quite road and very quite hour(late night) and u could easily see almost a mile down. hence i decided to check whether rattle persists at higher rpm and boom got caught.

Nearly 60 mph in a 30 zone is reckless, no two ways about it.

well yes, if u r in a well built residential area, but if ur on a long stretch of clear road in an industrial area late at night, then I dont think its reckless.. don't u think.

in fact the officer told me that he was quite delighted with our conversation, but he had to send the ticket to traffic office coz of the speed. And he did say that he'll write a note about our nice conversation. Probably that's why i didn't get any reckless or careless driving code.. or i dont know

i just want my ILR, and keep contributing to the society and local community...
I try to do/help as much as i can even going out of my way for people around me, be it neighbors or colleagues

hsyasin wrote:well yes, if u r in a well built residential area, but if ur on a long stretch of clear road in an industrial area late at night, then I dont think its reckless.. don't u think.

in fact the officer told me that he was quite delighted with our conversation, but he had to send the ticket to traffic office coz of the speed. And he did say that he'll write a note about our nice conversation. Probably that's why i didn't get any reckless or careless driving code.. or i dont know

Unfortunately HO caseworkers are not necessarily cut from same cloth - and they do apply the law.

hsyasin wrote:well yes, if u r in a well built residential area, but if ur on a long stretch of clear road in an industrial area late at night, then I dont think its reckless.. don't u think.

The same logic got Dostoyevskiy's eponymous anti-hero Rodya Roskolnikov into serious bother, he seemed to think the law didn't apply to him either. The law is the law, and applies to all at all times.

dont get me wrong, I'm not denying that I didn't do any wrong or I should be allowed to overspeed based on certain circumstances.. What I did was wrong and won't be doing that ever again..
but was just trying to give myself some hope(maybe false) that case worker may overlook this and look at my character in general.

hsyasin wrote:dont get me wrong, I'm not denying that I didn't do any wrong or I should be allowed to overspeed based on certain circumstances.. What I did was wrong and won't be doing that ever again..
but was just trying to give myself some hope(maybe false) that case worker may overlook this and look at my character in general.

Ok mate, I do see your point a bit anyway, I was watching Police Interceptors on telly at weekend and they were chasing this Ford Focus doing 110mph on the M6 near Carlisle, and the Traffic Cop was saying 'Only a trained Police Driver can drive safely at these speeds....'

Wait a minute, I thought, only 3 days before watching this I was driving at nearly 150mph on the Autobahn in Germany totally safely and I was nowhere near the fastest. So who's right? Who knows....

I think this topic is now wondering, so it'll be locked.