Caught doing 69 in a 40
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Discussion

barney2k

Original Poster:

19 posts

207 months

Saturday 25th May 2013
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First off I'd like to say I know I have been stupid, and I accept that. The only defence I have is that I was in a rush for an appointment so I wouldn't normally drive like that and the road I was on, well its seems ridiculous that its a 40. It's basically like a dual carriage way with 2 lanes on both sides (although probably not technically a dual carriage way due to no barriers in between). It was 11am and there was me and one other car on the whole stretch of road. There was a police van at the top with a camera flashing and I knew straight away I was screwed.

I have received an NIP from Northumbria Police. The letter they have sent me is from the 'Fixed Penalty Unit' and the way the letter is worded, it sounds like I could avoid court. They have at this stage simply asked for me to send off to say who the driver was at this stage. However there is no mention of any summons. Maybe I am grasping at straws. My question is this, given the time of day and the type of road, is there a chance in hell I could get the £60 3 points? Or even get a higher fine/points but avoid court? Are things like type of road factors that are taken into consideration? Can it vary from one Policing region to another? Or is it a case of, as I have read on certain sites, no matter what the area, in England they are obligated to let the courts deal with it at a certain speed? (ie at 40mph, 66mph I believe is the level I read you get summons).

Thanks for any advice in advance

eybic

9,212 posts

200 months

Saturday 25th May 2013
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Best place for this kind of query is www.pepipoo.com

N Dentressangle

3,453 posts

248 months

Saturday 25th May 2013
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About 15 years ago I got a fixed penalty, 3 points & £60 smacked bottom for 86 mph on a 60 limit, single carriageway A road, overtaking into oncoming traffic - it was a former 3 lane highway.

I think it was because I did reasonably well at the attitude test, but it goes to show what's possible, I guess... smile

R0G

5,035 posts

181 months

Saturday 25th May 2013
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I reckon 3 points and £60 will be the next communication

barney2k

Original Poster:

19 posts

207 months

Saturday 25th May 2013
quotequote all
R0G said:
I reckon 3 points and £60 will be the next communication
What makes you say that? That would be amazing as I have 3 points on my license from 36 in a 30 last year and I am wetting myself about driving for 2 years with 9 points! I would rather take a 4 week ban in that case than have 9 points with a potential 6 month ban!

From what I've read online it does seem to indicate by some that they are obligated to summon you over 66mph (at 40mph)? I hope not frown

R0G

5,035 posts

181 months

Saturday 25th May 2013
quotequote all
I reckon because its the easiest thing for them to do = issue FPN

barney2k

Original Poster:

19 posts

207 months

Saturday 25th May 2013
quotequote all
eybic said:
Best place for this kind of query is www.pepipoo.com
Thanks I've done that. Isn't great news. Sounds like I will hear however many months down the line when my court date is frown

Really not looking forward to this at all!

BertBert

21,056 posts

237 months

Saturday 25th May 2013
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It unfortunately does look like you are unlikely to get away with an FPN and 3 points.
Bert

spikeyhead

20,057 posts

223 months

Saturday 25th May 2013
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I've been caught by the police doing 69 before. ...

750turbo

6,164 posts

250 months

Saturday 25th May 2013
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spikeyhead said:
I've been caught by the police doing 69 before. ...
Wrong thread ... wink

fatboy b

9,665 posts

242 months

Saturday 25th May 2013
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barney2k said:
..........I have 3 points on my license from 36 in a 30 last year
scratchchin

ferrariF50lover

1,834 posts

252 months

Sunday 26th May 2013
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I once got the standard penalty for doing 62 in a 30 (yeah yeah, I'm thinking of the children as I type). However, mine was at about 0300, I was stopped by an actual policeman (imagine that) to whom I was particularly complimentary and he very kindly offered to treat me like a grown-up. I fear decision makers dealing with paperwork rather than a person may take a dim view of your speed and invite you to Court. That said, as has been aforementioned, the easy way out is to offer you a fixed penalty. If you do end up with a ticket, consider yourself somewhat lucky (what a sad situation that is...)

Simon.

streaky

19,311 posts

275 months

Sunday 26th May 2013
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eybic said:
Best place for this kind of query is www.pepipoo.com
No it isn't!

Streaky

agtlaw

7,345 posts

232 months

Sunday 26th May 2013
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ACPO says summons at 66 mph but it's not unheard of that a fixed penalty will be offered at a higher speed. I've had this happen on several occasions.

If it gets to court then the guideline sentence is a fine with a 7-56 day ban or 6pp.

BE57 TOY

2,628 posts

173 months

Sunday 26th May 2013
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How fast can you travel on motorway and get offered NIP? At what point does it go to court?

Johnnytheboy

24,499 posts

212 months

Sunday 26th May 2013
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Why isn't anyone flaming the OP? Is SP&L running on low tt manpower because of the bank hols?

Honestly, think of the children etc.

Anyway OP, I also suspect you'll get more than 3 pts/£60 but you may be a lucky boy - keep us posted.

smile

agtlaw

7,345 posts

232 months

Sunday 26th May 2013
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BE57 TOY said:
How fast can you travel on motorway and get offered NIP? At what point does it go to court?
You presumably mean a fixed penalty.

ACPO says fixed penalty at 79 and summons at 96 mph.

streaky

19,311 posts

275 months

Sunday 26th May 2013
quotequote all
barney2k said:
It's basically like a dual carriage way with 2 lanes on both sides (although probably not technically a dual carriage way due to no barriers in between).
We've covered the definition of a dual carriageway many times on here, but for clarification, simply put:

A "carriageway" is a section of highway comprising one or more lanes.

A dual carriageway is a road with physically separated lanes (for carrying traffic in opposing directions).

The physical separation of the carriageways that makes a highway a "dual carriageway" can be effected by just a grass strip, no 'barrier' is needed; however, a line or two of paint will not suffice to differentiate 'single' from 'dual'.

On a "single carriageway" traffic in the lanes can travel in either direction.

On a "dual carriageway" traffic generally travels in one direction only on each carriageway.

Both single and dual carriageways can have a different number of lanes in either direction.

Dual carriageways can have different speed limits on each carriageway. A single carriageway can not.

The speed limit on dual carriageways is defined by the numbers on the posts, except where the DC is within a 30mph zone and the limit is defined by a conforming system of street lighting. The upper limit is NSL, currently 70mph for cars.

As above for single carriageways, but with a current upper limit of 60mph for cars.

By definition, in the UK, motorways are not "dual carriageways", they are "special roads"; but not all "special roads" are motorways. Some signage rules for motorway speed limits differ from those for other types of roads.

The signage rules for the NSL on highways in Scotland differ from those in the rest of the UK - '60' and '70' introductions and repeaters, rather than NSL.

Streaky

eybic

9,212 posts

200 months

Sunday 26th May 2013
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streaky said:
No it isn't!

Streaky
Whoops, sorry

BE57 TOY

2,628 posts

173 months

Sunday 26th May 2013
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agtlaw said:
You presumably mean a fixed penalty.

ACPO says fixed penalty at 79 and summons at 96 mph.
Cheers.