78 in a 50 - what to expect?

[Dawg]

Driving home just after midnight along the dual carriageway section of the A34, my mind was completely elsewhere. I have a 5 week old daughter and am self employed - I need my car for work. I understand 78 is in the bracket which could mean a ban? Bloody bloody stupid I know..

Just received the paperwork through the post to declare that I was indeed the driver. I already have 3 points from 3 1/2 years ago and just over 2 years ago I did 36 in a 30 zone and did a speed awareness course...

So what do I do? What do I expect? Is it worth getting representation? Where do I go for that?


Thanks in advance.

[krisdelta]

According to the CPS website:

Speed limit: 50 mph
ACPO charging threshold: 57 mph
Summons: 76 mph

Were you doing an indicated 78, or measured and charged with 78 ?

[Dawg]

It says that they intend to 'take proceedings against the driver for the alleged offence of 'excess speed' 78mph..

Further down it mentions failure to return the form will prevent the option of a fixed penalty, but I guess that's on every form they send out?

[Ki3r]

Fill out the paperwork saying you were the driver and send it back within the time limit (28 days?).

It will most likely be a court appearance, up to £1,000 fine (income based), 3-6 points plus costs (normally 10% of the fine plus £15). Or a driving ban (which I very much doubt for that speed).

[agtlaw]

Ki3r said:

Fill out the paperwork saying you were the driver and send it back within the time limit (28 days?).

It will most likely be a court appearance, up to £1,000 fine (income based), 3-6 points plus costs (normally 10% of the fine plus £15). Or a driving ban (which I very much doubt for that speed).

In Yorkshire courts, a 7 day ban is the starting point for 78/50. It's said to be equivalent to 103/70.
Prosecution costs are usually £85 at the first hearing.
Victim surcharge is 10% of the fine with a range of £30-£100 (for speeding non-motorway).

OP, ignore the nonsense about 10% + £15.

A lawyer will ascertain if you have a defence / special reasons case. You probably don't, but it's perhaps worth exploring. I dealt with a very similar case not long ago and after doing a little research and making two phone calls, the case was dropped. According to an idiot on the internet, that guy didn't need a lawyer. I'll let you be the judge of that.

[Pip1968]

Able to elaborate Agtlaw? What 'hyperthetical' situations mean the case is dropped?

Pip

[D1ckie]

Have laws changed?

I always thought to get banned you needed to be 30mph over the speed limit, so in this case as you are under 80mph you will get 3 points and a fine, no option for the Speed Awareness Course.

I was caught about 5 years ago doing 60 in a 30 and got 6 points and no ban, but did have to go to court

[shakermikee]

80 mph in a 50mph 4 years ago. Court appearance with 6 points and a hefty fine.

Lucky to not get a ban and they made it clear that it was only because I could demonstrate I needed use of a car for my job commuting to various sites and different locations. The magistrate had a similar job to mine previously so that helped.
They were not interested in my requirement for family reasons - kids to school, and the long list of activities they do, advising it counted for nothing.

Good luck and if it goes to court, I would recommend demonstrating you need use of your car for your job (if you do!)

[agtlaw]

There are many; of which a defective TRO would be one.

[Jimmyarm]

I got caught at that speed on that road.

6 points and about a £300 fine, was a few years ago.