110 mph on motorway

[techmoan]

Was a tad silly over the weekend and got caught at 110 on the M27 in the 4 lane section at Rownhams at 23:45. Plod were parked up on the ramp on the side of the motorway with a laser out the window. Impossible to see them until last min.

Not after lectures etc as I know I was wrong and fully hold my hands up.

Just wondering what I am likely to be facing? I understand a band B fine and 6 points or a ban between 7 and 54 days.

Do insurance companies penalize you more for 6 points or having a ban? Trying to work out what might be a better option for me.

[techmoan]

snorky782 said:

You don't get to choose your punishment

Didn't say I did get to choose. Trying to work out what would be a better options. I have quite good mitigating circs I could put forward that would probably avoid a ban but wondering if a week or so ban might be better. No points hanging over your head but not sure if insurance companies penalize more for 6 points or a ban.

[techmoan]

snorky782 said:

What was wrong with me saying that? The OP reads like he wants to pick his punishment and his second one still seems to read the same way

Instead of berating me for passing what was a valid comment, why don't you all post some advice yourselves?

I can in a way choose my punishment

1) Plead guilty and receive points or a ban (Mags decision)
2) Plead guilty with mitigating circumstances - More likely to receive points although still could receive a ban.

Have anyone had a similar conviction and able to post what their sentence was?

[techmoan]

desolate said:

I got a 3 month ban for 118 in Scotland on a clear motorway a few years ago.

Luckily for me the guidelines for 110 in the UK is 6 points or a ban between 7 and 56 days. The guidelines only go up to 110mph so just made it.

[techmoan]

agtlaw said:

Note the word guideline. 56 days isn't a maximum.

True but for a first time offender pleading guilty, open street lit motorway and no other traffic I really don't think they will issue 54 days plus.

[techmoan]

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.

[techmoan]

agtlaw said:

You're confusing mitigating circumstances with mitigation.

Mitigating circumstances applies to offenders liable for a penalty point / totting up disqualification.

The last paragraph is completely wrong in any event.

Ok can you offer advice on best way to proceed? Do I put those points as mitigation when at court? Any tips on what circumstances mags are likely to take into account?

[techmoan]

No not the guy from Youtube. I keep getting asked that and had to google him. Just a coincidence with same username

[techmoan]

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.

[techmoan]

Do the punishments vary between motorway and non motorway?

I would imagine 110 on a dual carriageway would be more dangerous than a motorway?

[techmoan]

vonhosen said:

Not really because the offence of speeding says nothing about danger being caused at the time, there doesn't have to be any danger on any road at the time. The punishment is for transgression, not danger.

If there is danger, on whatever road, other legislation comes into play.

Actually the following is considered before sentencing...

Factors indicating higher culpability :
Poor road or weather conditions
LGV, HGV, PSV etc.
Towing caravan/trailer
Carrying passengers or heavy load
Driving for hire or reward
Evidence of unacceptable standard of driving over and above speed

Factors indicating greater degree of harm:
Location e.g. near school
High level of traffic or pedestrians in the vicinity

[techmoan]

6 points + £330 fine

Call that a win in my books. Represented myself and provided a letter from my employer stating how the business rely's on me to drive.