Caught Speeding Advice Needed

Caught Speeding Advice Needed

Author
Discussion

IATM

3,801 posts

148 months

Tuesday 5th May 2015
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gtidreamer said:
I'd suggest attending court, pleading guilty and saying that you are very, very sorry. If genuinely sorry and able to show it you may not be given the maximum points/fine that the court can give.
Exactly this. Turn up. Basically beg for your life and say your sorry and in retrospect regardless of the conditions being favourable it was a silly speed to be going at. You won't be doing it ever again and as the reality of the situation has hit you and you'd be handicapped for work without this privilege of having a license.

Obviously be well dressed and speak well.

You'll be ok. I was in similar situation. I got told all sorts of stories. I'll be banned. Get the chair. Have my balls stun gunned.

I got points and I fine but I done worse than you! lesson learned from my younger days.
Also try not to get too bogged down with the harsher comments on here. All these powerful directos all have 911s, amgs, m5 etc but don't go a tick over 70mph.....

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
Thanks, points and a fine I can deal with (although my insurance if a different story) but a ban would prove to be an absolute nightmare.
I genuinely feel my case will be better represented in a letter than a court appearance based on how nervous I would be.
I'm under the impression (based on googling) if they intent to ban you they do not give you the option to plead guilty by post, the officer who pulled me over said anything 30 over the limit is usually an automatic ban

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
A lot of legal advice websites say they recommend pleading guilty by post if the letter is well prepared (obviously trying to sell their services of preparing the letter) as it saves the court a lot of time

craig_m67

949 posts

189 months

Tuesday 5th May 2015
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You may wish to work on your apology defence. To me (from your posts) it seems you are only sorry about the potential loss of license, then fine and points. Can you explain why you were speeding ??

Good luck.


Edited by craig_m67 on Tuesday 5th May 03:45

Jonsv8

7,232 posts

125 months

Tuesday 5th May 2015
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https://www.sentencingcouncil.org.uk/wp-content/up...

Page 131

4-6 points or a short ban (not both) although 6 points would revoke your licence which is in their gift if they choose.

I think you're better off attending and being very apologetic because it matters that much to you.

Your motorbike may be an argument to stop the 24 month rule but you're best off avoiding the question all together if you can

Edited by Jonsv8 on Tuesday 5th May 07:02

Joey Ramone

2,151 posts

126 months

Tuesday 5th May 2015
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I was in the same position as you insofar that I went from a full motorcycle license (held for 10 yrs) to a car license (18 months ago) and was naturally concerned that I would have to go through the whole 2 yr new driver/6 points malarky again. As far as I could tell, because my car entitlement was simply an additional category added to my 10 yr old 'driving' license, the probationary period did not apply.

anonymous-user

55 months

Tuesday 5th May 2015
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anarki said:
If it's any conciliation, my workmate got caught doing 102 in a 70. No previous points or convictions in 8 years.

He went to court, represented himself, admitted guilt and was extremely apologetic. Hated every single second of it and described it as absolutely nerve wrecking.

He ended up with a 30 day ban, court fees and I think 6 points on his license. (May of been 3) As you'd imagine he was happy with that outcome.

You maybe ok and end up with a similar punishment. Good luck
I didn't think you could get points AND a ban?

200Plus Club

10,773 posts

279 months

Tuesday 5th May 2015
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Last year i was summoned for 86 in a 50. When i got to court i pointed out respectfully that the photograph showed 83mph and not 86. Apologised dlfor speeding and plead guilty to 83. 6 points huge bking and was told lucky not to be banned. I presented 2 character references and a letter from my employer stating i do on call at times when public transport is not an option. Suit/apoligise/polite/acknowledge your error and hope they take into account your submission and early guilty plea if you do make one

SS2.

14,465 posts

239 months

Tuesday 5th May 2015
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Rusty569 said:
The other issue troubling me is the new drivers limit of 6 points in the first 2 years, I have only been driving for a year and a half but had a full bike license for 3 years before that, the police officer informed me that they are considered different and if I got 6 points I would probably loose my license. I didn't agree with this but didn't argue at the time, ive since been on the internet and found this https://www.gov.uk/penalty-points-endorsements/new... which says:
'There isn’t another 2 year period if you pass a test for another category of vehicle, eg to drive a heavy goods vehicle.'

Can anybody please shed some light on this issue..
Either the officer's comments were misinterpreted, or he was just plain wrong - the 2 year probationary period commences when you first pass a test, be it car or motorcycle. The clock is not restarted when another test is passed, even if it is for another class of vehicle.

Regarding the court process, fines, etc - this is a good place to start.

ZX10R NIN

27,639 posts

126 months

Tuesday 5th May 2015
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budfox said:
You've been driving for 18 months and you've been done for 97mph. In my opinion, which probably won't be the opinion of many others on here, is that you deserve a ban of at least six months, preferably a year.
Did you read the part where he's had a motorbike license for 3 Years before that?

DJP

1,198 posts

180 months

Tuesday 5th May 2015
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garyhun said:
I didn't think you could get points AND a ban?
You can't generally. It's either/or.

mwstewart

7,618 posts

189 months

Tuesday 5th May 2015
quotequote all
In my early 20's I was stopped on the M62 doing 101. At the time the Police seemed more concerned that I was doing that speed in a small car (Fiesta) rather than the speed itself, which was quite refreshing, but I digress: I represented myself in court and put a defence together to explain what a mistake it was - which it was, genuinely - and what I would do going forward to ensure I improved.

Court itself was an unpleasant experience because of some of the detritus I had to share a waiting room with but the actual hearing is no worse than making a presentation at Uni or work. I received five points and no fine as at the time I was at Uni and couldn't afford it. No ban.

I recommend going to court to represent yourself. It’ll also have the effect of making you think in the future if you feel like taking the risk again.

bigkeeko

1,370 posts

144 months

Tuesday 5th May 2015
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The only advice I can give is to go to court. Pleading guilty but not appearing will more than likely result in being hit with the ban hammer. Turning up and toeing the line and the chances are you`ll be looked on more favourably.

agtlaw

6,712 posts

207 months

Tuesday 5th May 2015
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If there isn't a fixed penalty available then 97/70 is most likely 5 points. Band B fine is the starting point before discount. Not much point attending in person. Identify offence and offender mitigation and put it in writing.

Agree with SS2 about the inapplicability of the New Drivers Act. Thanks for the link!

zed4

7,248 posts

223 months

Tuesday 5th May 2015
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One thing is for sure, it will takes AGES! I got caught by a radar gun on a dual carriageway back in November. I eventually got my conviction in April! So plenty of time to save up for the fine!

xRIEx

8,180 posts

149 months

Tuesday 5th May 2015
quotequote all
gtidreamer said:
I'd suggest attending court, pleading guilty and saying that you are very, very sorry. If genuinely sorry and able to show it you may not be given the maximum points/fine that the court can give.
I agree with this.

I was caught speeding in very similar circumstances to you. I went to court (scared stless that I'd lose my licence), grovelled, got 5 points and a fine and costs.

The copper who pulled me asked me what the stopping distance was from 100mph; needless to say I didn't know. I worked it out from the Highway Code stopping distances* and recited that at the "do you have anything to say?" part. It painted a picture that I'd given serious thought to what I'd done.



 *it doesn't state it, you've just got to follow the pattern; it doesn't matter if they're correct 50 years after they were first published, it's what the guideline the authorities follow.

Edited by xRIEx on Tuesday 5th May 14:43

GetCarter

29,398 posts

280 months

Tuesday 5th May 2015
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I got caught 100 in a 70 in 2005 (no other traffic - dry - sunny) ...got 6 points and fairly large fine.

It was borderline ban so paid a brief £250 to represent me in court.

datum77

470 posts

122 months

Tuesday 5th May 2015
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Question: Why was it necessary to do 97 MPH anywhere?. Perhaps you were looking for somewhere to have an accident ?.

xRIEx

8,180 posts

149 months

Tuesday 5th May 2015
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datum77 said:
Question: Why was it necessary to do 97 MPH anywhere?. Perhaps you were looking for somewhere to have an accident ?.
I assume by casting the first stone, thou art without sin?

Davel

8,982 posts

259 months

Tuesday 5th May 2015
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Al U said:
At least you have a bike license to get about if you can't drive for a while.
Doesn't a ban stop him riding too?

Oh and good luck OP - and slow down!