110 mph on motorway

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Discussion

agtlaw

6,712 posts

206 months

Monday 11th July 2016
quotequote all
Durzel said:
techmoan said:
Mitigating circs would be that I am a carer for my Grandad and need to visit every day after work as he suffers from parkinsons and early dementia. There is no public transport available. Also my employer is a new start up business, We have 1 MD and 1 sales guy. I am the only technical employee. If I was banned the business would not be able to function and out clients would also struggle to function without my support. Again no public transport available.
Not trolling but I wonder how much the Mags sympathise with this sort of exceptional hardship tactic. I mean - none of the above weighed heavily on your mind when you did over a ton, and most people are aware that getting caught at three figures a ban is a very real possibility.

It seems incongruous to claim that the world would end if you got banned, when it obviously wasn't a factor you really honestly cared about before being caught? agtlaw - any thoughts?

(Again not judging you specifically OP)
There will always be a bit of 'Well, you should have thought about that before you did X.' The Magistrates' Association guidance says this:

"If a motorist continues to offend after becoming aware of the risk to his licence of further penalty points, the court will be far less inclined to find exceptional hardship where he is the only person to suffer as a result of a ban."

cmaguire

3,589 posts

109 months

Monday 11th July 2016
quotequote all
agtlaw said:
There will always be a bit of 'Well, you should have thought about that before you did X.' The Magistrates' Association guidance says this:

"If a motorist continues to offend after becoming aware of the risk to his licence of further penalty points, the court will be far less inclined to find exceptional hardship where he is the only person to suffer as a result of a ban."
Which says they cut way more slack to someone who can demonstrate that others will suffer as a result of them being punished.
Ultimately it is discrimination, something we are supposed to avoid.

Burwood

18,709 posts

246 months

Tuesday 12th July 2016
quotequote all
It's the opposite of discrimination matie. It's consideration of the facts and impact on others. To discriminate would be to ignore any mitigation or impact and just hand out the punishment.

CoolHands

18,638 posts

195 months

Tuesday 12th July 2016
quotequote all
I don't see why fines should vary. Why should the ordinary people who are working, and let's be honest most people haven't got money to burn, be fined up to 800 quid for gods sake? As usual easy pickings. Meanwhile uninsured unlicensed scumbag tealeaf gets 80 quid fine. IMO fines should be fixed, relating to speed, end of story.

surveyor_101

5,069 posts

179 months

Tuesday 12th July 2016
quotequote all
CoolHands said:
I don't see why fines should vary. Why should the ordinary people who are working, and let's be honest most people haven't got money to burn, be fined up to 800 quid for gods sake? As usual easy pickings. Meanwhile uninsured unlicensed scumbag tealeaf gets 80 quid fine. IMO fines should be fixed, relating to speed, end of story.
Seems high and my first fine was high, but on the flip side were is the deterrent?

If an career speeder/dangerous driver kept getting £60-150 fines and carried on, killing your loved one, would be well that's ok I mean to fine someone £800 is crazy.

SS2.

14,462 posts

238 months

Tuesday 12th July 2016
quotequote all
CoolHands said:
I don't see why fines should vary. Why should the ordinary people who are working, and let's be honest most people haven't got money to burn, be fined up to 800 quid for gods sake? As usual easy pickings. Meanwhile uninsured unlicensed scumbag tealeaf gets 80 quid fine. IMO fines should be fixed, relating to speed, end of story.
They're means tested and are [supposed to be] calculated using a multiplier of an offender's weekly income - the more serious the offence, the higher the multiplier and the higher the income, the higher the fine will be.


Edited by SS2. on Tuesday 12th July 09:06

surveyor_101

5,069 posts

179 months

Tuesday 12th July 2016
quotequote all
cmaguire said:
Which says they cut way more slack to someone who can demonstrate that others will suffer as a result of them being punished.
Ultimately it is discrimination, something we are supposed to avoid.
Why should inncocent family members (inc children)suffer because their loved one did something foolish. It's a social responsibility not to remove someone licence without considering fact like, wife and kids lose home and become incumbent on the state for hand outs.

Would rather lynch the driver (probably a silly question in this site as the answer is yes) and then pay out lots in social welfare to the family. It's not a get out jail free card it's a final chance.


ruggedscotty

5,626 posts

209 months

Tuesday 12th July 2016
quotequote all
Why should innocent suffer....

There are laws - you break them then you expect to have to deal with the fall out - if you cant deal with it then dont beak the law. simple.

We all have speedometers we all know the speed limit. If we all went about foot to the floor......

come on chaps....play nice.



austinsmirk

5,597 posts

123 months

Tuesday 12th July 2016
quotequote all
techmoan said:
Mitigating circs would be that I am a carer for my Grandad and need to visit every day after work as he suffers from parkinsons and early dementia. There is no public transport available. Also my employer is a new start up business, We have 1 MD and 1 sales guy. I am the only technical employee. If I was banned the business would not be able to function and out clients would also struggle to function without my support. Again no public transport available.

To put mitigating circs forward you need to demonstrate how you not being able to drive will affect other people. Mags don't care how it affects yourself.
Problem with the family argument is, he can employ care staff to fulfil the same function. Is there really no other family, his own children, not just grandchildren ?

As for work, do you have a job description that shows you are an essential car user who must have a car for work ? Can you supply your last 6 months of car mileage claims to show vehicle useage at work ? Do you have business user on your car insurance.

As for no public transport- sorry mate, but unless you live somewhere very remote, I just don't believe you. It might be awkward to use, but as for non- existent ?


it all gets difficult to stack up under questioning. yr probably best doing as others say: turn up, string a sentence together and don't wear a tracksuit.

you'll be a blessed relief compared to the normal louts in court.

Soov535

35,829 posts

271 months

Tuesday 12th July 2016
quotequote all
La Liga said:
I never understand why people don't keep it below the FPN threshold (is it >97 MPH these days?). It's still pretty quick.
Very much this.

I like to make progress as much as anyone, but I don't ever go anywhere near three figures on the speedo, so 90 tops in reality. Have a speed warning set at 95 which I hardly ever hear.

The worst that can happen is an FPN and I can live with the first one.


As soon as I get one the speed warning is coming down to 75.




surveyor_101

5,069 posts

179 months

Tuesday 12th July 2016
quotequote all
ruggedscotty said:
Why should innocent suffer....

There are laws - you break them then you expect to have to deal with the fall out - if you cant deal with it then dont beak the law. simple.

We all have speedometers we all know the speed limit. If we all went about foot to the floor......

come on chaps....play nice.
Because any dependants have little or no influence on the actions of the driver/primary bread winner.

techmoan

Original Poster:

123 posts

103 months

Tuesday 12th July 2016
quotequote all
austinsmirk said:
As for work, do you have a job description that shows you are an essential car user who must have a car for work ? Can you supply your last 6 months of car mileage claims to show vehicle useage at work ? Do you have business user on your car insurance.

As for no public transport- sorry mate, but unless you live somewhere very remote, I just don't believe you. It might be awkward to use, but as for non- existent ?
Yes I do about 600 miles a month for business and have all claims. I have business insurance too. I work in the middle of the New Forest. Public transport isn't available.

Terminator X

15,082 posts

204 months

Tuesday 12th July 2016
quotequote all
Durzel said:
techmoan said:
Mitigating circs would be that I am a carer for my Grandad and need to visit every day after work as he suffers from parkinsons and early dementia. There is no public transport available. Also my employer is a new start up business, We have 1 MD and 1 sales guy. I am the only technical employee. If I was banned the business would not be able to function and out clients would also struggle to function without my support. Again no public transport available.
Not trolling but I wonder how much the Mags sympathise with this sort of exceptional hardship tactic. I mean - none of the above weighed heavily on your mind when you did over a ton, and most people are aware that getting caught at three figures a ban is a very real possibility.

It seems incongruous to claim that the world would end if you got banned, when it obviously wasn't a factor you really honestly cared about before being caught? agtlaw - any thoughts?

(Again not judging you specifically OP)

Edited by Durzel on Monday 11th July 20:22
In my experience the Mags kick the crap out of speeders, I have no idea how anyone manages to "get off" when stood in front of them. Ferocious Rottweiler's afaik.

TX.

surveyor_101

5,069 posts

179 months

Tuesday 12th July 2016
quotequote all
Terminator X said:
In my experience the Mags kick the crap out of speeders, I have no idea how anyone manages to "get off" when stood in front of them. Ferocious Rottweiler's afaik.

TX.
Agreed, if you serial offender of non road traffic act stuff you can get conditional wrist slaps, till the cows come home!

First speeding offence you get fine and points/ban which effect your insurance for 5 years!



Other halfs late. grandfather was a JP and I always got the impression I would of been better of mugging old ladies and leaving them in the gutter battered and bruised, than getting an appearance for totting up points, all those years ago.

Seemed to have it in for normal law abiding person, motorist, like a licence holder had a higher moral standard, than a common criminal.



Edited by surveyor_101 on Tuesday 12th July 15:50

ruggedscotty

5,626 posts

209 months

Tuesday 12th July 2016
quotequote all
Exactly - we know how hard they jump on speeders - its in the papers its everywhere - the cameras the scamera vans et al.

I like driving fast but I know that the odds are against me so I dont. Its not worth it. Once you are caught they really like to go to town.

1. if you are in a fast car then you will have disposable - they smell the money

2. where does the money go ?

3. insurance love it as they can get more out you....!

4. the average low life mugger druggie has not a lot of cash to extract.

5. jail the druggie costs them money. so wrist slap etc...

Fermit The Krog and Sarah Sexy

12,958 posts

100 months

Tuesday 12th July 2016
quotequote all
14 years ago I got caught at 108 on the A46 (dual) Outcome was a 5 week ban and £250 fine.

Bonefish Blues

26,745 posts

223 months

Tuesday 12th July 2016
quotequote all
La Liga said:
I never understand why people don't keep it below the FPN threshold (is it >97 MPH these days?). It's still pretty quick.
I always did, for reasons because thread. You're right, one can still make perfectly adequate progress at an indicated 100, actual 95.

cmaguire

3,589 posts

109 months

Tuesday 12th July 2016
quotequote all
Burwood said:
It's the opposite of discrimination matie. It's consideration of the facts and impact on others. To discriminate would be to ignore any mitigation or impact and just hand out the punishment.
Depends who we are refering to. It is discriminating against those who either don't or can't offer up some possible cock-and-bull story about how the local orphanage will have to close down if they lose their licence.

spookly

4,019 posts

95 months

Tuesday 12th July 2016
quotequote all
This thread is almost convincing me to slow down a bit.... almost.


bad company

18,582 posts

266 months

Tuesday 12th July 2016
quotequote all
spookly said:
This thread is almost convincing me to slow down a bit.... almost.
Nooooooooooo, don't do it.