74 in a 40...

[Funk]

LoonR1 said:

agtlaw said:

This post is ludicrous. Ignore it. I may post something sensible later. In the meantime, let's hope for some intelligent posts.

I noticed you're getting blunter in your replies too. I wonder if anyone will take issue. Either way, you're right, but sadly there's little chance of anything sensible being posted.

Edited by LoonR1 on Sunday 29th March 23:01

I was going to reply to AGT but thought better of it. My reply was based on what happened to me at a very similar margin over the posted limit and with a solicitor in tow to represent me in court too.

I appreciate that agt does this for a living and I didn't state anything as fact, only what happened to me. It's great that people give their time on this site to help (although I'm sure their advice also gets them plenty of business) but if you ps off as many people as you 'help' then you're doing it wrong.

I don't insult people who try to help others on IT-based threads, I just try to help the person who posted.

I know who I won't be calling for any motoring-related legal issues though, I don't have time for rude people.

Edited by Funk on Monday 30th March 10:21

[Jonsv8]

Funk said:

My reply was based on what happened to me at a very similar margin over the posted limit and with a solicitor in tow to represent me in court too.

The first part of you post does indeed do that:

Funk said:

I'm afraid you're probably not going to like the outcome, especially as it's a 40... I got done for 108 on a motorway back in '06 and paid someone to drive me around for the 3 months I was banned for (was worth more to keep the well-paid job..).

The rest of your post doesn't though, or at best applies to how the world was 9 years ago:

Funk said:

Letter from work will carry little weight unfortunately. The only time exceptional hardship will factor is if the hardship is to someone other than you, eg. a relative who relies on you for transport regularly or where your inability to drive might mean the failure of a business and redundancies for staff etc.

The magistrates' view us likely to be that you knew you need your licence for work yet you still were nearly double the limit.

Your only hope at this stage is to admit it early, grovel and hope the court is lenient that day...

The policeman was wrong, I'm afraid you're most likely looking at a 3 month ban.

If anyone started saying that a problem with a laptop was a twisted IDE cable because they had that problem 9 years ago on their desktop, you'd probably tut.

That said, there's something in the air at the moment as a lot of people seem a bit short tempered, me included.

[HenryJM]

SS2. said:

HenryJM said:

Tommie38 said:

Looking at the Magistrates' Court Sentencing Guidelines, the guidance is disqualification for 7 - 56 days OR 6 points.

It's likely to be AND, not OR.

No it isn't.

Sorry, you are right, obviously.

[budfox]

I think that driving at 74 in a 40 limit deserves a ban. That's not perhaps a popular opinion on here.

[Dave Hedgehog]

budfox said:

I think that driving at 74 in a 40 limit deserves a ban. That's not perhaps a popular opinion on here.

there are some very daft 40mph zones, not all very clearly marked

i got done on a duel carriage way that went from NSL to 40 with a partially obscured and very small sign

subject to conditions driving on that stretch of road at 70 would have been no more dangerous than driving on any multi lane road

[LoonR1]

The ring road in my home town has been reduced from NSL single and dual carriageway to 30, 40 and 50 over the past two decades.

I still drive it how it used to be, as there is no genuine reason for it to be reduced, apart from one of the 30 limits that I adhere to (no more than 10mph over the limit is what I consider to be adherence).

[LordGrover]

agtlaw said:

I've posted the guideline charts so often that I've turned them into a 'blog' post with a bit of an explanation of the fine and costs. http://www.counsel.direct/news/2015/3/25/speeding-...

Thank you.

[Jonsv8]

You could just consult where its all cut and past from which includes additional reading and even more context

ACPO guidelines

http://www.acpo.police.uk/documents/uniformed/2013...

And sentencing guidelines

http://www.sentencingcouncil.org.uk/wp-content/upl...

[walm]

Dave Hedgehog said:

i got done on a duel carriage way that went from NSL to 40 with a partially obscured and very small sign

I thought they always had to be two big lollipops at any change of limit. It's just the repeaters that are small singles.
Are you sure the sign you saw wasn't the repeater?

[rohrl]

For what it's worth I was done at 67mph in a 40 a couple of years ago. I had one previous SP30 on my licence at the time and I got 5 points and a £400 fine. I plead guilty by post.

Edited by rohrl on Monday 30th March 16:33

[ChasW]

Talking to a lawyer pal of mine the other day I told him about my daughter's boyfriend who was recently caught at 107 on a dual carriageway. The lad got 6 points and £600. The court officials couldn't believe it. He's a 21 year old student and represented himself in court. The magistrate seemed to like him and was interested in his career aspirations and consequences of losing his licence which would mean loss of his internship. As my lawyer mate said after telling him the full story - "it's all about who you get on the day".

[agtlaw]

Funk said:

I was going to reply to AGT but thought better of it. My reply was based on what happened to me at a very similar margin over the posted limit and with a solicitor in tow to represent me in court too.

I appreciate that agt does this for a living and I didn't state anything as fact, only what happened to me. It's great that people give their time on this site to help (although I'm sure their advice also gets them plenty of business) but if you ps off as many people as you 'help' then you're doing it wrong.

I don't insult people who try to help others on IT-based threads, I just try to help the person who posted.

I know who I won't be calling for any motoring-related legal issues though, I don't have time for rude people.

Edited by Funk on Monday 30th March 10:21

I suggest you get a better solicitor next time - one that won't get you a three month ban for an offence with a guideline 7-56 day ban, or 6 points. I generally don't insult people but occasionally mock stupid posts, such as yours.

[Oilchange]

If it is a guilty plea then I suspect giving reasons for it will just bore the Magistrate and likely paint an even worse picture. They won't want to hear whether your thrill was better at that speed or your exhaust sounded fab on the overrun or whatever. It's rubbish and wastes court time.
They'll want a genuine apology and contrition, not excuses.
If it's Not Guilty of course they will likely be curious...
-Get legal advice-

allergictocheese said:

I'd be looking forward to the explanation put forward by the OP to the court as to why he was doing 74mph in a 40mph section!

If it were my licence on the line and I drove for a living I'd certainly be chasing a short term disqual over a large haul of points that will sit on my licence for 3 years.

[supermono]

allergictocheese said:

I'd be looking forward to the explanation put forward by the OP to the court as to why he was doing 74mph in a 40mph section!

shame the local anticar nutjob 'green' mumsnet council aren't being called in to explain what such a low speed limit.

But you can dream.

[Tommie38]

Wow, thanks for the replies.

Yes, not my finest hour. No criminal record, never been in court. I suspect it is a common story on PH from a bunch of enthusiasts that are normally well behaved in all other respects.

I think that I will plead guilty. I apologised to the police officer and said I was sorry and he noted it in his pad so I have pretty much taken the first step. Having read the guidelines an admission of guilt might contribute to a reduction, but we shall see.

I'll wait for the letter in the post and then take legal advice. AGTLAW incoming...

Thanks again.

[Timlocalad]

Daughter was caught doing 70 in a 30 through a village (she was having a blazing row with her idiot boyfriend) at 02:30 on a Wednesday, went to Mag. court without legal representation, pleaded guilty, accepted that it was not acceptable behaviour etc, explained she needed the car to get to work at 3 different stores (Assistant Manager) and somehow managed to avoid a ban but took 6 points and a fine equivalent to half a months salary

Clearly demonstrates there are no hard and fast rules when it comes to punishment (Waterworks in court may have helped in her case)

[duckson]

93 on a 50 DC, no built up area, no turnings etc, never had any points in 25yrs of driving and got a 42 day ban.
It depends on the mag entirely on the day, i turned up in a suit (chavs were there in shell suits etc) and read out a note i'd written 'sorry, was late for work, unacceptable and never been in trouble before in 25yrs on the road'....magistrates started talking between themselves as i was reading it out which i found ignorant so stopped and stared at them until they were ready to listen. Maybe that didnt go down well but there you go.

[HertsBiker]

LudaMusser said:

You disgust me

Why?

Could have been a NSL road recently reduced to 40. Did you check the facts before going full retard?

[agtlaw]

Update: A phone call and two emails later - proceedings withdrawn.

[Andehh]

agtlaw said:

Update: A phone call and two emails later - proceedings withdrawn.

I'd take that to mean he ''got away with it''? I would love to here a few more details.