50 in a 30; what now?

Author
Discussion

Gooly

Original Poster:

965 posts

149 months

Monday 10th March 2014
quotequote all
Hi guys,

Was caught doing 50 in a 30. Was stupid, I know, please no comments on the excess speed; as a note, it wasnt in a residential area, it was on a dry dual carraigeway with good visibility that had recently been reduced to a 30mph. Anyway, was flashed by a gatso and have been informed that an NIP has been delivered to my parents house regarding this.

Is 50 in a 30 3pts and a £100 fine? Or is it dealt by the courts with 4-6 points/a ban? I've been told by some that the threshold is 49mph, but others have said it is 51mph. I don't have the letter atm, I live at uni away from my parent's place. Can anyone give a simple clear answer if this is dealt with by FPN or by courts?

If by courts, what is the process? Can I plead guilty by post? If I am banned do I need to retake my driving test?

Raize

1,476 posts

180 months

Monday 10th March 2014
quotequote all
Gooly said:
If I am banned do I need to retake my driving test?
Only if you passed under 730 days ago.

Mermaid

21,492 posts

172 months

Monday 10th March 2014
quotequote all

Gooly

Original Poster:

965 posts

149 months

Monday 10th March 2014
quotequote all
Have held my license over 2 years so that is some relief at least, thank you for your reply.

Nigel Worc's

8,121 posts

189 months

Monday 10th March 2014
quotequote all
Gooly said:
Have held my license over 2 years so that is some relief at least, thank you for your reply.
Have a quick peak at it and you'll see the word licence.

Good luck with the ticket, we've all done it, we just get away with it most of the time.

SS2.

14,465 posts

239 months

Monday 10th March 2014
quotequote all
Gooly said:
Can anyone give a simple clear answer if this is dealt with by FPN or by courts?
49mph is the normal threshold for a FPN in a 30mph limit.

Gooly said:
If by courts, what is the process?
You'll return the s.172 and await a response - if it's being proceeded to court, you'll receive a summons in due course.

Gooly said:
Can I plead guilty by post?
Yes, but you'll be required to attend for sentencing if the court is considering imposing a ban.

Gooly said:
If I am banned do I need to retake my driving test?
Not unless the court orders it, which is unlikely.

Gooly

Original Poster:

965 posts

149 months

Monday 10th March 2014
quotequote all
Nigel Worc's said:
Have a quick peak at it and you'll see the word licence.
You learn something every day!

SS2. said:
Gooly said:
Can anyone give a simple clear answer if this is dealt with by FPN or by courts?
49mph is the normal threshold for a FPN in a 30mph limit.

Gooly said:
If by courts, what is the process?
You'll return the s.172 and await a response - if it's being proceeded to court, you'll receive a summons in due course.

Gooly said:
Can I plead guilty by post?
Yes, but you'll be required to attend for sentencing if the court is considering imposing a ban.

Gooly said:
If I am banned do I need to retake my driving test?
Not unless the court orders it, which is unlikely.
Thank you for your reply! Very useful. Hoping I get a short ban, a quick insurance quote has showed it to be cheaper than points

agtlaw

6,712 posts

207 months

Monday 10th March 2014
quotequote all
Too fast for a speed awareness course. Too slow for a ban.

V8Ford

2,675 posts

167 months

Monday 10th March 2014
quotequote all
Nigel Worc's said:
Have a quick peak at it and you'll see the word licence.

Good luck with the ticket, we've all done it, we just get away with it most of the time.
Peek.

Those in glass houses and all that...

...Sorry biggrin

Ki3r

7,822 posts

160 months

Monday 10th March 2014
quotequote all
http://www.cps.gov.uk/legal/p_to_r/road_traffic_of...

Speed limit: 30 mph
ACPO charging threshold: 35 mph
Summons: 50 mph

I could have sworn that my ticket book says its something like 55/56 before you report someone...I guess I've misread it!

Gooly

Original Poster:

965 posts

149 months

Monday 10th March 2014
quotequote all
Am I looking at betweem 3-6 points? Or definitely 6?

SS2.

14,465 posts

239 months

Tuesday 11th March 2014
quotequote all
The sentencing guidelines suggest 4-6 points or a short ban.

An early guilty plea would reduce the fine by one third, with costs & Victim Support Surcharge to pay on top of that.

jbsportstech

5,069 posts

180 months

Tuesday 11th March 2014
quotequote all
I would expect a summons to magistrates.

Then I would say if you make a thousand apologies and seem very contrite then 6 points a £100 or so fine.

You will need to attend court as you have to and surrender your licence for whatever punishment they decide.

Best not make any excuses just say sorry.

Maybe if they are in a good mood 3 points and fine.

Edited by jbsportstech on Tuesday 11th March 08:12

R6VED

1,372 posts

141 months

Tuesday 11th March 2014
quotequote all
I got done for 48 in a 30 and was reported and had to attend court. I dressed smartly and was extremely polite (the idiot next in line was sitting waiting and his mobile phone went off!!!) I suspect he didn't fare as well as me which was 3 points and a £65 fine.

I sent my license off and it came back minus a previous 3 points that were NOT due to come off for another few years = result :-)

Good luck

SS2.

14,465 posts

239 months

Tuesday 11th March 2014
quotequote all
jbsportstech said:
You will need to attend court...
Only if the court was considering ordering a ban which, as mentioned above, is unlikely given the alleged speed.

jbsportstech

5,069 posts

180 months

Tuesday 11th March 2014
quotequote all
SS2. said:
Only if the court was considering ordering a ban which, as mentioned above, is unlikely given the alleged speed.
I would advise the op attends whatever in smart dress and looks very contrite.

If the op is loaded and has a godo solicitor or feels brave he can be a now show but in my experience magistrates like you to be there for lessor sentance.

SS2.

14,465 posts

239 months

Tuesday 11th March 2014
quotequote all
jbsportstech said:
I would advise the op attends whatever in smart dress and looks very contrite.
There's a difference between having to attend (your first post) and wanting to attend (your second post).

FWIW, I too would want to appear in person if I wanted to mitigate the sentence.

jbsportstech

5,069 posts

180 months

Tuesday 11th March 2014
quotequote all
SS2. said:
There's a difference between having to attend (your first post) and wanting to attend (your second post).

FWIW, I too would want to appear in person if I wanted to mitigate the sentence.
Based on the fact the op conveyed a keeness to reduce/mitigate his/her punishment.

I would say you HAVE to attend court to to this. I have never not been to court to answer for speeding case.

At this stage its immaterial as we dont know for sure whether the op could be considered for a ban do we?

seang83

82 posts

136 months

Tuesday 11th March 2014
quotequote all
3 pts and a £100 fine. You have to be doing 56 or more to be taken to court.

agtlaw

6,712 posts

207 months

Tuesday 11th March 2014
quotequote all
seang83 said:
3 pts and a £100 fine. You have to be doing 56 or more to be taken to court.
Completely wrong.