Caught Speeding Advice Needed

Caught Speeding Advice Needed

Author
Discussion

Rusty569

Original Poster:

206 posts

108 months

Monday 4th May 2015
quotequote all
Firstly hi, I'm a long time lingerer but first time poster.

Right lets get straight into it.
Tonight I was pulled over on a dual carriageway A road by a marked police car in a hidden layby.
He clocked my speed at 97mph in a 70mph zone.
I have been told to expect a court summons within the next few months but I do not have to attend if I intend to please guilty (which I do) and can respond via post?

Now I know nobody on here can give me legal advice or determine the outcome but has anybody been in a similar position, what was the penalty?
Situation:
9pm at night
Very low traffic
Dry
Lit

The other issue troubling me is the new drivers limit of 6 points in the first 2 years, I have only been driving for a year and a half but had a full bike license for 3 years before that, the police officer informed me that they are considered different and if I got 6 points I would probably loose my license. I didn't agree with this but didn't argue at the time, ive since been on the internet and found this https://www.gov.uk/penalty-points-endorsements/new... which says:
'There isn’t another 2 year period if you pass a test for another category of vehicle, eg to drive a heavy goods vehicle.'

Can anybody please shed some light on this issue, explain how the court process works or in any other way give me some information.

Thanks in advance.

Rusty569

Original Poster:

206 posts

108 months

Monday 4th May 2015
quotequote all
I was caught with a radar gun

Rusty569

Original Poster:

206 posts

108 months

Monday 4th May 2015
quotequote all
Trying not to worry about it isn't really an option unfortunately.
I know its my own fault and I am responsible for my actions, but I HATE the uncertainty that I could be looking at loosing my license (If I get 6 points and the office was right regarding the new driver period)

Rusty569

Original Poster:

206 posts

108 months

Monday 4th May 2015
quotequote all
Your damn right the uncertainty is the worst part.
In regards to attending court I am very nervous about that and do not think I will be able to get my point across correctly.
I am thinking of pleading guilty via post with a letter explaining how I deeply regret my actions along with some other info from other peoples examples

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
Yeah I'm REALLY not looking forward to my next few insurance renewals!
IF I get to keep my license that is...

Sorry I didn't realize there was a dedicated section for speeding etc. When I say I have been a long term lingerer its only even been in the General Gassing section.

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
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

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
A lot of legal advice websites say they recommend pleading guilty by post if the letter is well prepared (obviously trying to sell their services of preparing the letter) as it saves the court a lot of time

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

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?

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
I think even if I were to get 6 points it won't result in me having to take a retest, I have held a bike license since 10/11

Rusty569

Original Poster:

206 posts

108 months

Tuesday 5th May 2015
quotequote all
I see a problem here.
Due to the unique nature of UK bike licenses I think I could be in trouble.

History - I passed A 33bhp Restricted test on 10/11 (Category A2)
- This then automatically unrestricted itself 2 years later 10/13 (Category A)
- Passed driving test 03/14 (Category B)

Based on this my pink plastic license has 10/13 and 03/14 on it.
I need to phone the DVLA for clarification to the 'new driver' 6 point probation period.

My paper counterpart does list my A2 classification as a superseded entitlement (or something along those lines) with the correct date of 10/11 and I have the test pass certificate to prove I have held a valid Full UK Licence since that date (The 33bhp restriction used to implemented for under 21's for 2 year and automatically expire meaning I did pass a 'Full UK Motorbike Test' however it has now been replaced with a new more complicated system)

Starting to panic at the thought of actually loosing my license now rather than a brief ban or points.

Rusty569

Original Poster:

206 posts

108 months

Wednesday 6th May 2015
quotequote all
Been on the phone with the DVLA, new drivers act is in force from when I first passed any full UK driving test i.e. 03/11 when I passed my A2 test so I currently have zero points on my license and I would need to get 12 in order to get a totting up ban.
Obviously the court could still decide something out of the ordinary but as far as I am concerned the possibility of having my driving license revoked and having to resit my tests is very very low so I can try to relax a little and now deal with whatever penalty the court see fit to impose.

I checked my online drivers record (The DVLA has a new system where you can do that) and it says my license is valid from 03/14 however the lady on the phone informed me thats just the last time they physically issued me with a photo and paper counterpart license and has nothing to do with the new drivers act.

Rusty569

Original Poster:

206 posts

108 months

Wednesday 6th May 2015
quotequote all
Been on the phone with the DVLA, new drivers act is in force from when I first passed any full UK driving test i.e. 03/11 when I passed my A2 test so I currently have zero points on my license and I would need to get 12 in order to get a totting up ban.
Obviously the court could still decide something out of the ordinary but as far as I am concerned the possibility of having my driving license revoked and having to resit my tests is very very low so I can try to relax a little and now deal with whatever penalty the court see fit to impose.

I checked my online drivers record (The DVLA has a new system where you can do that) and it says my license is valid from 03/14 however the lady on the phone informed me thats just the last time they physically issued me with a photo and paper counterpart license and has nothing to do with the new drivers act.

Rusty569

Original Poster:

206 posts

108 months

Wednesday 6th May 2015
quotequote all
Patch888 said:
I understand that the law is the law but after explaining your actions in court that's really harsh.
I agree the law is the law and the same speed limits apply to us all regardless of circumstances, however if your circumstances are not mitigating I don't know what it.
Personally in that situation I would give little regard to the posted speed limit and drive as fast as I thought were safe for the conditions without posing a danger to myself or others around me. No point dieing yourself trying to visit a dieing relative.

It just shows though what happens in court seems to have no logic or paturn it depends more on if the magistrate got his leg over that morning that it does on your mitigating circumstances in my opinion.

Rusty569

Original Poster:

206 posts

108 months

Sunday 14th June 2015
quotequote all
Just an update:

In court tomorrow morning so will let you lot know the outcome.

Rusty569

Original Poster:

206 posts

108 months

Friday 19th June 2015
quotequote all
Sorry guys I had work commitments and forgot about this.
5 points
£180 fine
All in total costs £390.

Promptly paid via the online system, informed insurers and now I can move on (Keeping well below the speed limit honest)