Discussion
I've been caught doing 74 in a 40 by a mobile camera. The circumstances of the incident were a clear dual carriageway; police officers professional throughout.
Looking at the Magistrates' Court Sentencing Guidelines, the guidance is disqualification for 7 - 56 days OR 6 points. 6 points would be bad enough but loss of licence would kill me - I drive for work and do 20k-25k per year.
What are my options? Letter from work?
The policeman seemed to think it would be 3 points and that licence loss is only for twice the limit, but that doesn't align to the guidelines.
My background - licence clean as a whistle until November last year when I got an SP30 / 3 points for 38 (I think) in a 30. Driving for 17 years and I've certainly racked up a few miles with no issues at all.
Any help much appreciated...
Looking at the Magistrates' Court Sentencing Guidelines, the guidance is disqualification for 7 - 56 days OR 6 points. 6 points would be bad enough but loss of licence would kill me - I drive for work and do 20k-25k per year.
What are my options? Letter from work?
The policeman seemed to think it would be 3 points and that licence loss is only for twice the limit, but that doesn't align to the guidelines.
My background - licence clean as a whistle until November last year when I got an SP30 / 3 points for 38 (I think) in a 30. Driving for 17 years and I've certainly racked up a few miles with no issues at all.
Any help much appreciated...
I'm afraid you're probably not going to like the outcome, especially as it's a 40... I got done for 108 on a motorway back in '06 and paid someone to drive me around for the 3 months I was banned for (was worth more to keep the well-paid job..).
Letter from work will carry little weight unfortunately. The only time exceptional hardship will factor is if the hardship is to someone other than you, eg. a relative who relies on you for transport regularly or where your inability to drive might mean the failure of a business and redundancies for staff etc.
The magistrates' view us likely to be that you knew you need your licence for work yet you still were nearly double the limit.
Your only hope at this stage is to admit it early, grovel and hope the court is lenient that day...
The policeman was wrong, I'm afraid you're most likely looking at a 3 month ban.
Letter from work will carry little weight unfortunately. The only time exceptional hardship will factor is if the hardship is to someone other than you, eg. a relative who relies on you for transport regularly or where your inability to drive might mean the failure of a business and redundancies for staff etc.
The magistrates' view us likely to be that you knew you need your licence for work yet you still were nearly double the limit.
Your only hope at this stage is to admit it early, grovel and hope the court is lenient that day...
The policeman was wrong, I'm afraid you're most likely looking at a 3 month ban.
Edited by Funk on Sunday 29th March 16:19
Funk said:
I'm afraid you're probably not going to like the outcome, especially as it's a 40... I got done for 108 on a motorway back in '06 and paid someone to drive me around for the 3 months I was banned for (was worth more to keep the well-paid job..).
Letter from work will carry little weight unfortunately. The only time exceptional hardship will factor is if the hardship is to someone other than you, eg. a relative who relies on you for transport regularly or where your inability to drive might mean the failure of a business and redundancies for staff etc.
The magistrates' view us likely to be that you knew you need your licence for work yet you still were nearly double the limit.
Your only hope at this stage is to admit it early, grovel and hope the court is lenient that day...
The policeman was wrong, I'm afraid you're most likely looking at a 3 month ban.
This post is ludicrous. Ignore it. I may post something sensible later. In the meantime, let's hope for some intelligent posts. Letter from work will carry little weight unfortunately. The only time exceptional hardship will factor is if the hardship is to someone other than you, eg. a relative who relies on you for transport regularly or where your inability to drive might mean the failure of a business and redundancies for staff etc.
The magistrates' view us likely to be that you knew you need your licence for work yet you still were nearly double the limit.
Your only hope at this stage is to admit it early, grovel and hope the court is lenient that day...
The policeman was wrong, I'm afraid you're most likely looking at a 3 month ban.
Edited by Funk on Sunday 29th March 16:19
Certainly worth taking some proper (paid for) professional advice at those levels, especially considering you were caught recently as well which will not go in your favour.
I was recently prosecuted for 66 on a 40 limit B road and came away with 6 points, £270 fine plus costs etc. I chose not to go to court but wrote a very grovelling letter with some advice and consider the outcome as good as I could have hoped for.
Best of luck to you !
RC
I was recently prosecuted for 66 on a 40 limit B road and came away with 6 points, £270 fine plus costs etc. I chose not to go to court but wrote a very grovelling letter with some advice and consider the outcome as good as I could have hoped for.
Best of luck to you !
RC
Correct. Ban OR points.
Both will incur a hefty fine, however. Plus victim surcharge, don't forget this, now!
Write a succinct and humble letter of apology stating your reasons for pleading to keep your licence, state you have taken measures to mitigate a ban if so imposed (I took leave from work) and perhaps show that you have changed your super sports machine for a Nissan Micra/Austin A35. Include details about the mitigating factors which include lack of alcohol, good conditions/dry/lack of traffic (these are listed somewhere on the .gov website, read them!)
Ask the bailiff to have it read, I consulted a solicitor to construct mine!
When the Magistrate asks if you have anything to add, be humble and state you are sorry and that it was a momentary error of judgement. Be contrite and honest. No excuses, no reasons, just 'I apologise, unreservedly' or words to that effect.
Wear a smart suit, NOTHING fashionable or flowery, plain tie etc, just to show you take the whole process seriously, turn your mobile OFF.
...they may well be lenient. No guarantees, however.
Good luck.
eta, all this if you plan on pleading guilty, of course
Both will incur a hefty fine, however. Plus victim surcharge, don't forget this, now!
Write a succinct and humble letter of apology stating your reasons for pleading to keep your licence, state you have taken measures to mitigate a ban if so imposed (I took leave from work) and perhaps show that you have changed your super sports machine for a Nissan Micra/Austin A35. Include details about the mitigating factors which include lack of alcohol, good conditions/dry/lack of traffic (these are listed somewhere on the .gov website, read them!)
Ask the bailiff to have it read, I consulted a solicitor to construct mine!
When the Magistrate asks if you have anything to add, be humble and state you are sorry and that it was a momentary error of judgement. Be contrite and honest. No excuses, no reasons, just 'I apologise, unreservedly' or words to that effect.
Wear a smart suit, NOTHING fashionable or flowery, plain tie etc, just to show you take the whole process seriously, turn your mobile OFF.
...they may well be lenient. No guarantees, however.
Good luck.
eta, all this if you plan on pleading guilty, of course
Edited by Oilchange on Sunday 29th March 22:34
agtlaw said:
This post is ludicrous. Ignore it. I may post something sensible later. In the meantime, let's hope for some intelligent posts.
I noticed you're getting blunter in your replies too. I wonder if anyone will take issue. Either way, you're right, but sadly there's little chance of anything sensible being posted. Edited by LoonR1 on Sunday 29th March 23:01
I've posted the guideline charts so often that I've turned them into a 'blog' post with a bit of an explanation of the fine and costs. http://www.counsel.direct/news/2015/3/25/speeding-...
edited.
edited.
Edited by agtlaw on Saturday 11th July 11:46
Apologies, the hefty fine remark was mine and of course AGTLaw is right it's income based, you have to fill out a form detailing your income and outgoings.
It felt hefty to me though.
All my drivel was based on the assumption you were going to plead guilty, of course.
Also, I avoided my employer for one reason or another.
Solicitor. Speak to one, I did, best course of action really.
It felt hefty to me though.
All my drivel was based on the assumption you were going to plead guilty, of course.
Also, I avoided my employer for one reason or another.
Solicitor. Speak to one, I did, best course of action really.
I'd be looking forward to the explanation put forward by the OP to the court as to why he was doing 74mph in a 40mph section!
If it were my licence on the line and I drove for a living I'd certainly be chasing a short term disqual over a large haul of points that will sit on my licence for 3 years.
If it were my licence on the line and I drove for a living I'd certainly be chasing a short term disqual over a large haul of points that will sit on my licence for 3 years.
I'm not sure how you influence the situation but I'm led to believe some people in your position would prefer a short ban and no points to say adding an additional 6 points to your existing 3. You may need to use vacation and be out of pocket to cover say a 28 day ban but 25k miles a year on 9 points is a pretty uncomfortable place to be as you're one ticket away from 12 points and the need to make a strong case to prevent a much longer ban.
You may also want to think about whats changed to have a long term unblemished record and then get done twice so quickly and a fair bit over the limit too. The last thing you need, whatever the outcome of this one, is another one.
You may also want to think about whats changed to have a long term unblemished record and then get done twice so quickly and a fair bit over the limit too. The last thing you need, whatever the outcome of this one, is another one.
I've always considered mitigation to be much more credible if it is genuine and believable. On that point OP has the daul carriageway you were caught on recently had the limit lowered. The reason I ask is that we have had at least three here lowered from NSL, which is 70, to 40 in one go, and one of them was taken all the way down to 30.
Now if you were using this road let's say every day for years and it is suddenly lowered by that much it is perfectly reasonable to argue that you are having to adopt a different driving strategy from the one you have used for years. The current trend of lowering speed limits to unreasonably slow levels doesn't just make the traffic slower, it actually creates a new set of hazards on the road. Traffic bunching, HGVs frequently in both lanes, etc.
Worth thinking about.
J
Now if you were using this road let's say every day for years and it is suddenly lowered by that much it is perfectly reasonable to argue that you are having to adopt a different driving strategy from the one you have used for years. The current trend of lowering speed limits to unreasonably slow levels doesn't just make the traffic slower, it actually creates a new set of hazards on the road. Traffic bunching, HGVs frequently in both lanes, etc.
Worth thinking about.
J
king) a plucky 19 year old could get. Kent Police seem to be more than fair when dealing with speeding in my experience. The bad news for you is it was 10 years ago. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff