Caught Speeding Advice Needed

Caught Speeding Advice Needed

Author
Discussion

DonkeyApple

55,400 posts

170 months

Tuesday 5th May 2015
quotequote all
Rusty569 said:
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
Many years ago I wrote a very polite letter to the courts re a driving offense and got absolutely reamed a new one. Barely a week later I read a news article where someone had done the same as me but actually run down two people and received a lesser sentence. It's sat with me ever since a belief that if I'd turned up and apologised in person my life would have been easier.

DonkeyApple

55,400 posts

170 months

Tuesday 5th May 2015
quotequote all
Rusty569 said:
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
Many years ago I wrote a very polite letter to the courts re a driving offense and got absolutely reamed a new one. Barely a week later I read a news article where someone had done the same as me but actually run down two people and received a lesser sentence. It's sat with me ever since a belief that if I'd turned up and apologised in person my life would have been easier.

GetCarter

29,398 posts

280 months

Tuesday 5th May 2015
quotequote all
datum77 said:
Question: Why was it necessary to do 97 MPH anywhere?. Perhaps you were looking for somewhere to have an accident ?.
Honestly, I give up. There are still people that believe this?

ETA... and by the way, there is no such thing as an accident.

Edited by GetCarter on Tuesday 5th May 17:39

shalmaneser

5,936 posts

196 months

Tuesday 5th May 2015
quotequote all
xRIEx said:
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?
Quite.

exitwound

1,090 posts

181 months

Tuesday 5th May 2015
quotequote all
We've all been there..

Cruise control and Roadpilot on my phone helps me keep under the radar these days.. I have three recent points that were my very first offence in 47years of driving from age 14 if you don't count parking on a pelican crossing which cost me an endorsement and £10 fine back in '78.

Take your medicine...

CorvetteConvert

7,897 posts

215 months

Tuesday 5th May 2015
quotequote all
datum77 said:
Question: Why was it necessary to do 97 MPH anywhere?. Perhaps you were looking for somewhere to have an accident ?.
How many people on PistonHeads has never been above 70 mph on the road, ever? Even for a few seconds when overtaking?
None, i would guess.
On many roads 97 mph is perfectly safe, safer than 50 is in some 60s and 30 is past a school.

Ruffy94

229 posts

137 months

Tuesday 5th May 2015
quotequote all
Last year I got caught doing 54 in a 30 zone (coming into a village and didn't slow down) sent a polite letter but also turned up to back it up, I was 20 at the time. Received 6 points and a £150 fine.

Somebody there the same day the same age and the exact same offence (nice coincidence) turned up and tried to justify why they had done it, they received 6 points a 2 month ban and a £300 fine.

Basically turn up, be polite and don't bother trying to be cocky or try to justify what you have done. At the end of the day they're sick of hearing it and you're always going to be in the wrong anyway.

Roman Moroni

987 posts

124 months

Tuesday 5th May 2015
quotequote all
OP, I was in exactly the same postion as you was back in 2002. 97mph on the M6, clocked by a guy stood on a bridge over the motorway, whilst on my way up to the Lake District for a few days. Didn't know anything about it until I got home to find the NIP already on the door mat.

Bottom line is I received a summons through the post. It stated I could plead guilty by post. At the time (and I believe it's still the case) a Bench won't disqualify you unless you're present in Court. In light of this I wrote a well constructed letter to the Court pleading guilty and apologising for wasting its time and accepting the punishment it was going to set out.

Bottom line is I received 4 points, £250 fine and learnt a valuable lesson (i.e always look at bridges/gantries above motorways if you're exceeding the speed limit smile )

xRIEx

8,180 posts

149 months

Tuesday 5th May 2015
quotequote all
Roman Moroni said:
At the time (and I believe it's still the case) a Bench won't disqualify you unless you're present in Court.
AQG suggests you can be disqualified in absence.

ETA:
http://www.pepipoo.com/Disqualification.htm
pepipoo said:
Disqualification in the offender's absence
A court is able to disqualify an offender in absence provided that he or she has been given adequate notice of the hearing and that disqualification is to be considered.

It is recommended, however, that the court should avoid exercising this power wherever possible unless it is sure that the offender is aware of the hearing and the likely imposition of disqualification. This is because an offender who is disqualified in absence commits an offence by driving from the time the order is made, even if he or she has not yet received notification of it, and, as a result of the disqualification, is likely to be uninsured in relation to any injury or damage caused.

Roman Moroni

987 posts

124 months

Tuesday 5th May 2015
quotequote all
xRIEx said:
Roman Moroni said:
At the time (and I believe it's still the case) a Bench won't disqualify you unless you're present in Court.
AQG suggests you can be disqualified in absence.

ETA:
http://www.pepipoo.com/Disqualification.htm
pepipoo said:
Disqualification in the offender's absence
A court is able to disqualify an offender in absence provided that he or she has been given adequate notice of the hearing and that disqualification is to be considered.

It is recommended, however, that the court should avoid exercising this power wherever possible unless it is sure that the offender is aware of the hearing and the likely imposition of disqualification. This is because an offender who is disqualified in absence commits an offence by driving from the time the order is made, even if he or she has not yet received notification of it, and, as a result of the disqualification, is likely to be uninsured in relation to any injury or damage caused.

Thanks for that. This was the rationale I was given at the time. I was led to believe that quite a few people challenged and succesfully won a charge of 'driving whilst disqualified' as they claimed they were not present when the original offence went to Court. To avoid this I've been told a Court will issue a certificate to a convicted driver who's been disqualified to avoid this defence. I don't know if this is still the case or not

Patch888

701 posts

129 months

Tuesday 5th May 2015
quotequote all
GetCarter said:
datum77 said:
Question: Why was it necessary to do 97 MPH anywhere?. Perhaps you were looking for somewhere to have an accident ?.
Honestly, I give up. There are still people that believe this?

ETA... and by the way, there is no such thing as an accident.

Edited by GetCarter on Tuesday 5th May 17:39
Excellent! smile

Questions, not question, questions.

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
Sorry all I've been working.

As usual PH has split into two groups:
Group 1 - The limit is outdated due to all of the reasons routinely stated
Group 2 - Speeding of any sort is dangerous and totally unacceptable regardless of circumstances

I do not wish to have a discussion here as to whether my speed was acceptable or safe etc. as ultimately it will turn into a slanging match between the two groups.

I also do not wish to go into the whole new inexperienced driver thing as we would all like to think ourselves more competent than the average driver, any mention of my advanced motorcycle tuition will no doubt be shot down by saying I have only had a license for 16 months.

The long and short of it is that the speed limit applies to us all, I made a conscious decision to break the law and am now dealing with the consequences.

Is 97mph justifiable? Absolutely not.
Is it as safe as 70mph with the same driver and circumstances? Absolutely not.

I am merely trying to find out the possible outcome of the situation to prepare myself.

Based on the links provided and my own research I have came up with the worst case scenarios:
7-28 Days Ban or 3-6 points
Fine

The fine in both cases will consist of 75% - 125% of one weeks net pay plus various court costs (the main one in effect from the end of April) of around £280

Pwig

11,956 posts

271 months

Tuesday 5th May 2015
quotequote all
99mph on the M56.

4 Points and £200 fine.

Pwig

11,956 posts

271 months

Tuesday 5th May 2015
quotequote all
Oh and best bit of advice I ever read was go to court a few weeks before and just sit in for an hour or so. You will get used to the court system and not appear like a rabbit stuck in the headlights when you eventually have your case.

knockturnal

72 posts

149 months

Tuesday 5th May 2015
quotequote all
Davel said:
Doesn't a ban stop him riding too?

Oh and good luck OP - and slow down!
Woooosh

Sealine South

533 posts

140 months

Tuesday 5th May 2015
quotequote all
I was done in 2010 for 99.65 average on the m20 at 4 am. Hands up, admitted it on the spot. Was very humble and polite. Got £60 fine and 3 points on the spot, no court etc.

Proper policing.

You may be lucky as I was.

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
A ban will stop me driving or riding as you have one license with multiple classes on it.

Apologies I've just discovered the quote button as on my screen its VERY faint, plus there's too many responses to reply to individually.

I will make sure I keep an eye on this post and inform anybody interested of the result of my case (although I'm under the impression this won't be resolved for many months)

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
Sealine South said:
I was done in 2010 for 99.65 average on the m20 at 4 am. Hands up, admitted it on the spot. Was very humble and polite. Got £60 fine and 3 points on the spot, no court etc.

Proper policing.

You may be lucky as I was.
Nope, unfortunately he said his hands are tied as I clocked over 96mph on his gun and thats the cut off point for a fixed penalty in a 70mph zone

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
Pwig said:
Oh and best bit of advice I ever read was go to court a few weeks before and just sit in for an hour or so. You will get used to the court system and not appear like a rabbit stuck in the headlights when you eventually have your case.
I didn't realise you could do this? That is genuinely really good advice and even though the court is 35 miles away I will try and attend, maybe it will put my mind at ease about going to court in person.
Will the court have specific days for traffic offences, surely I can't just walk into a courtroom to sit at the back and listen?

14-7

6,233 posts

192 months

Tuesday 5th May 2015
quotequote all
Ruffy94 said:
Last year I got caught doing 54 in a 30 zone (coming into a village and didn't slow down) sent a polite letter but also turned up to back it up, I was 20 at the time. Received 6 points and a £150 fine.

Somebody there the same day the same age and the exact same offence (nice coincidence) turned up and tried to justify why they had done it, they received 6 points a 2 month ban and a £300 fine.

Basically turn up, be polite and don't bother trying to be cocky or try to justify what you have done. At the end of the day they're sick of hearing it and you're always going to be in the wrong anyway.
Don't talk ste. You can't get a ban and points. It's one or the other.

Makes a great story don't he pub though.