Wife has been done for 50 in a 30....

[Chr1sch]

Hi all,

Wife was done back in June for 50 in a 30 (in her defence, she has an i3 which rockets from 30-50, and she was done coming out of the 30 zone into a 60), anyway she was caught, end of.

Last week she received the paperwork, court or plead guilty, we've taken the latter, but with the explanation that she works full time, kids to take to school, she has to do it all as i'm at work in London a lot etc etc. (All true)

Has anyone had any experience of the likelihood of the penalty? I've really no idea what to expect having never been caught and fined myself (some irony in that tbh)

I've had a go at calculating myself, but they have asked for all sorts of financial info/salary etc of her and me(!?), would welcome opinions....

[davek_964]

Exactly the same speed & limit, so the answers should be here :

https://www.pistonheads.com/gassing/topic.asp?h=0&...

(And the person on that thread hasn't had the paperwork yet, so can't comment on what happened in that case)

[G13NVL]

Are fines not based on a % of your income now? Rather than the old £100 3 points.

[WJNB]

Easily done of course.
Can't see that the accelerative ability of her car (whatever the badge) whilst nice to boast about would be any defence.
Transporting children AND speeding may not be seen as responsible nor would any reference to children be relevant nor would the fact that she is having to do all this whilst husband is working.

[Chr1sch]

WJNB said:

Easily done of course.
Can't see that the accelerative ability of her car (whatever the badge) whilst nice to boast about would be any defence.
Transporting children AND speeding may not be seen as responsible nor would any reference to children be relevant nor would the fact that she is having to do all this whilst husband is working.

Thank you for the wonderfully unhelpful response....

1) I wasnt boasting about the car, simply implying as you say, easily done, she's isnt a serial speeder flying past a primary school
2) At no point did i say the kids were in the car, they weren't
3) My reference to schooling and my work patterns were simply given as context to the situation when pleading for leniency from the disciplinary board/whomever applies the fine/ban etc.

I was simply looking for anecdotal examples or insights into what we may well be in for in terms of fine/punishment.

[Flibble]

50 is just on the cusp of band B, so expect a weeks wages and 4-6 points (I'd bet on 5 or 6 personally).

[graylag]

G13NVL said:

Are fines not based on a % of your income now? Rather than the old £100 3 points.

No

[agtlaw]

Flibble said:

50 is just on the cusp of band B, so expect a weeks wages and 4-6 points (I'd bet on 5 or 6 personally).

If court proceedings are commenced then Band B pertains to the type of fine. It isn't a descriptor for the middle sentencing category. The maximum fine is £1000, rather than a week's (net) wage.

Fixed penalties are not income tested. The clue is in the name. A fixed penalty for speeding is fixed at £100. However, where the speed limit is 30 mph then a Conditional Offer of Fixed Penalty is not usually issued where the speed alleged is 50 mph or above. In which case, expect a Single Justice Procedure Notice or Postal Requisition. It's often more sensible to deal with the first court hearing by post / online.

ETA: 50/30 is too fast for a course.

Edited by agtlaw on Thursday 13th December 17:10

[Graveworm]

agtlaw said:

If court proceedings are commenced then Band B pertains to the type of fine. It isn't a descriptor for the middle sentencing category. The maximum fine is £1000, rather than a week's (net) wage.

Sorry to be a pain and I have tried searching, do you have source as to any rationale parliament may have had for a fixed cap for fines based on weekly wage? It seems grossly unfair to me and I say this as someone who might lose out if caught up in it all. TIA

Edited by Graveworm on Thursday 13th December 17:48

[agtlaw]

Parliament has not set a limit on fines wrt income. You may be confusing legislation with sentencing guidelines.

Maximum fines are set out here:

https://www.legislation.gov.uk/ukpga/1982/48/part/...

Speeding on a motorway is a level 4 offence; level 3 in any other case.

See page 423 et seq for the Sentencing Council's 'Approach to the assessment of fines.'

https://www.sentencingcouncil.org.uk/wp-content/up...

Internet commentators often fail to understand the meaning of Starting Point.

[Graveworm]

agtlaw said:

Parliament has not set a limit on fines wrt income. You may be confusing legislation with sentencing guidelines.

Maximum fines are set out here:

https://www.legislation.gov.uk/ukpga/1982/48/part/...

Speeding on a motorway is a level 4 offence; level 3 in any other case.

See page 423 et seq for the Sentencing Council's 'Approach to the assessment of fines.'

https://www.sentencingcouncil.org.uk/wp-content/up...

Internet commentators often fail to understand the meaning of Starting Point.

Thanks makes sense, just still smacks of unfairness in terms of punishment and deterrent.

[watchnut]

Hi OP,

if the offence happened in June, when did she get the notice of intended prosecution? (NOP)

that normally has to be received within 2 weeks.

Did they not give you the chance to plead guilty, pay the fine, take the points then?

Or have you opted to contest, to go to court hence delay?

If only recently received the NOP then as far as I understand they have not complied with the NOP guidelines and you may have case dismissed (but I may be wrong)

The fact she was doing 50 in a 30 is neither here or there, she was speeding . It is likely she often speeding, but this time got caught, maybe take it on the chin, and keep below the limits so will not have to worry about being "caught". None of us like to be caught, but we can hardly complain when we are. This is not a dig at your wife, but just be grateful it was not you....you would never here the end of it!!

let us know what the result is

good luck to her, one can never second guess a magistrates court

[Pothole]

Graveworm said:

Thanks makes sense, just still smacks of unfairness in terms of punishment and deterrent.

Dry your eyes and slow down.

[eldar]

Pothole said:

Dry your eyes and slow down.

Living proof PH is rapidly becoming the home of the terminally dull and tedious.

[Graveworm]

Pothole said:

Dry your eyes and slow down.

Did you miss the part where I said I win out on the current scheme. Like most on PH I wouldn't stop to pick up 2.5K if I dropped it.

[supercommuter]

eldar said:

Pothole said:

Dry your eyes and slow down.

Living proof PH is rapidly becoming the home of the terminally dull and tedious.

Quite....I am assuming it is a post to provoke a reaction. Just ignore him.

[Pothole]

eldar said:

Living proof PH is rapidly becoming the home of the terminally dull and tedious.

Oh, FGS, do you really agree with the constant whining about how "unfair" the punishments are for speeding? I'm sick of it. It's not like there isn't HUGE publicity every time anything changes and nobody who spends any time on here can possibly think it's got any less likely they'll be caught speeding than it has been for the last decade. It's about time some of these muppets just took their lumps instead of crying that it's "so unfair" like Kevin and Perry!

[Graveworm]

Pothole said:

Oh, FGS, do you really agree with the constant whining about how "unfair" the punishments are for speeding? I'm sick of it. It's not like there isn't HUGE publicity every time anything changes and nobody who spends any time on here can possibly think it's got any less likely they'll be caught speeding than it has been for the last decade. It's about time some of these muppets just took their lumps instead of crying that it's "so unfair" like Kevin and Perry!

I didn't say the penalties are unfair as in too high. I was saying the opposite. In the same way bus lanes have pretty much become for buses, taxis, cycles and the well off.

[anonymous-user]

Nobody has dragged out the old "if the speedo was reading 50 she was probably doing at least 55" yet? What's going on PH? That's almost double the speed limit, where are all the usual righteous anger posters??

I'm disappointed with this thread.

[Pothole]

Graveworm said:

I was saying the opposite. In the same way bus lanes have pretty much become for buses, taxis, cycles and the well off.

Huh?