107 in a 70

[jimberland]

Before any of you get on your soap boxes, I know its not big or clever to speed and I'm not looking to make excuses or complain, it's a fair cop.
I just want to know if I should prepare myself to receive a driving ban for getting clocked doing 107 in a 70?
Is it an instant ban or is there a chance of 6 points and a big fine?
If ban, any ideas how long?
I already have 6 points, if that makes any difference.

Any legal types out there who might be able to make suggestions as to how i might avoid a ban. (Other than the obvious, drive a bit slower)
E.g I run my own company and need the use of a car to run my business??

Thanks,
Jim

[T_Pot]

at a rough guess id say ban is likely sorry

[Hooli]

its ban territory.
www.peepio.com or whatever its called (lost the link, others will know soon) is the best place for advice - but it'll roughly be wear a suit, comb your hair, say your very very sorry, bend over & open your wallet if your lucky.

[SplatSpeed]

definate ban territory unless you have a really good reason

saying your wife left you for a policeman and and you were trying to get away from them because you were worried they were bringing her back

temporary mechanical failure of a diesel engine that causes run away is the best bet

[streaky]

www.pepipoo.com  - Streaky

[Hooli]

streaky said:

www.pepipoo.com  - Streaky

bookmarked again, damned if i know where i put it last time.

[Andrea Charity]

With a speed over 100 you're looking at a likely ban but it's a matter for the bench to decide on. If you plead guilty and want to avoid a ban you will have to put forward exceptional hardship. For this to succeed it must be exceptional though, not just inconvenient. It's no good saying I'll lose my job and my house, that isn't classed as exceptional. The hardship must be caused to others, children, employees, elderly relatives eg. The Clerk will ask for your plea, you'll give it, the prosecution open the facts and ask for costs and then you will get your say. If you mention that you'll lose your job eg the Clerk will usually ask you to go on oath if the bench are considering disq. If you have more than 6 pp's already this is the route you may also have to take to try and avoid a totting disq as you're likely to get another 6 points here.

Hope this helps.

[wonkysid]

not always i had 5 points and 400 squid fine with costs doing 101 on the m4 south wales, i just pleaded undue hardship but i had no points at the time

[Jasandjules]

My neighbour got 6 points and I think £7-800 for 110 or so on the A12. He needed his car for work.

[bluepolarbear]

Jasandjules said:

My neighbour got 6 points and I think £7-800 for 110 or so on the A12. He needed his car for work.

In the doo doo I am afraid. 100 is a significant point and generally the tipping point between fines and ban. 107 is significant in excess of this. The process is subjective but I would say 60 to 70% likelyhood of a ban - 2 to 4 wks probably 4wks possibly longer due to the existing 6pts.

The other problem you have is if they don't ban you, you will certainly have 5 or 6 pts - probably 6 pts added. With the six you already have that would place you on 11 or 12. Hit 12 and it is an automatic ban - 6 months if it is your first totting up ban, 12 and 24 months on subsquent occasions.

[Mojocvh]

Andrea Charity said:

With a speed over 100 you're looking at a likely ban but it's a matter for the bench to decide on. If you plead guilty and want to avoid a ban you will have to put forward exceptional hardship.

For this to succeed it must be exceptional though, not just inconvenient. It's no good saying I'll lose my job and my house, that isn't classed as exceptional. .

And thus shows the complete and utter failure of road policing policy today FFS!!

[BOF]

Any help?

Offence Fine Costs Penalty Points
up to 15mph over the posted limit £44 £30 3
16mph to 25mph over the posted limit £45-£100 £30 4
26mph to 35mph over the posted limit £45-£200 £30 5-6
36mph or more over the posted limit £67-£300 £30 Ban 1 month to 12 months

The current guidelines from the Association of Chief Police officers (ACPO) are:

Limit Fixed Penalty Summons
20 mph 25 mph 35 mph
30 mph 35 mph 50 mph
40 mph 46 mph 66 mph
50 mph 57 mph 76 mph
60 mph 68 mph 86 mph
70 mph 79 mph 96 mph

BOF

[RtdRacer]

Andrea Charity said:

With a speed over 100 you're looking at a likely ban but it's a matter for the bench to decide on. If you plead guilty and want to avoid a ban you will have to put forward exceptional hardship. For this to succeed it must be exceptional though, not just inconvenient. It's no good saying I'll lose my job and my house, that isn't classed as exceptional. The hardship must be caused to others, children, employees, elderly relatives eg.

This is incorrect. The hardship can be to you or to others. And losing your house is the classic 'exceptional hardship' circumstance. Losing your job isn't, assuming you can get another one.

In any case, the exceptional hardship clause is really only for totting - a ban for excessive speed is entirely discretionary. Look contrite, wear a suit and say that you're sorry, and please could you have points because you can't afford to lose your licence for 56 days or whatever, and throw yourself on our mercy.

Which bench are you in front of?

[SS2.]

BOF said:

Offence Fine Costs Penalty Points
up to 15mph over the posted limit £44 £30 3
16mph to 25mph over the posted limit £45-£100 £30 4
26mph to 35mph over the posted limit £45-£200 £30 5-6
36mph or more over the posted limit £67-£300 £30 Ban 1 month to 12 months

Those fine and costs amounts are well out of date..

[Chris_H]

As a point of reference, I was caught at 112mph on the M23 a couple of years ago and received a £300 fine and a 28 day ban. I used Robert Dobson who's a specialist road traffic lawyer. I'm not sure this really went in my favor though.

[BOF]

SS2. said:

BOF said:

Offence Fine Costs Penalty Points
up to 15mph over the posted limit £44 £30 3
16mph to 25mph over the posted limit £45-£100 £30 4
26mph to 35mph over the posted limit £45-£200 £30 5-6
36mph or more over the posted limit £67-£300 £30 Ban 1 month to 12 months

Those fine and costs amounts are well out of date..

SS2,

Thanks...can you point me towards the current regulations?

BOF

[SS2.]

BOF said:

Thanks...can you point me towards the current regulations?BOF

There are no fixed regulations, as such - but there are Magistrates' Sentencing Guidelines which should be read in conjunction with a defendant's ability to pay, whether an early guilty plea was entered etc etc..

Have a read of Pages 75 (Speeding) and 85 (Fines) and you'll see what I mean..

Prosecution costs will also be variable but start from around £40.

[Road Pest]

Fine up to 2500 if on motorway and either 6 points or up to 54 day ban (or somewhere around there). You can mitigate the fine on financial situation and mitigate ban or points, but the end decision is with the three people in front of you. Recent case was 50 day ban and £500 fine for 110 on motorway, "victim" pushed for ban over points.

[Andrea Charity]

I'm from Derby prosecuting in our central road traffic court in Ilkeston. If you turn up as someone living on their own saying I'll lose my job (which is not necessarily enough for an exceptional hardship) and as a consequence I'll lose my house then the bench might be persuaded. Someone living with dependents may have a stronger argument as the dependents are affected by the decision. If you want to argue it successfully the best thing is to have something in writing from your employer saying they will not be able to employ you should you lose your licence. Many people simply haven't discussed it with their employer first so when this is put to them in cross examination they have to admit they don't know. If it's your licence at stake and it really is that important prepare yourself for the hearing properly. It's a matter for the bench to decide based soley on the individual situation in each case. Sometimes I have seen a short ban imposed instead of penalty points for these sorts of speeds. This avoids totting bans if you're looking at 6 pp's and you have 6 or more already.
It's like any other application to the court, the applicant will have to persuade the bench that the hardship is exceptional. Just bring everything with you that will assist in your application, if you aren't sure yourself then the court may not be either.
This is my experience of how bench's tend to look on these types of cases.

[dvs_dave]

Have a read of this thread. this

I was caught doing 115 in a 70 and ended up with a month ban, 250 quid fine and no points. I represented myself in court following the excellent advice given in the thread.

I'm currently midway through my ban