Caught speeding
Author
Discussion

Catchme

Original Poster:

169 posts

235 months

Saturday 15th July 2023
quotequote all
A friend's daughter has just been caught speeding, twice, in 2 hours.

Details - both offences took place on the same stretch of Average Speed Check road with a 50mph speed limit. First time 57 mph, second time 81mph as per the NIPs.

Other pertinent info - the young lady has less than 2 years on her Full Licence.

We are looking at around 9 points, based on the totting up process - I understand that the 2-year rule for new drivers means an automatic cancellation of their licence and reapplication for a Provisional licence in order to retake the Theory/Practical tests.

Who should we be talking to regarding this. Is legal representation the way to go, or a website outlining the steps/punishments, etc? - I've not had any tickets in 40-odd years of driving so don't really have a clue regarding advice/support for this kind of thing.

Thanks in advance.


E63eeeeee...

5,766 posts

71 months

Saturday 15th July 2023
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81 in a 50 average speed area? Wow. That's kind of impressive, in a really stupid way.

paradigital

1,075 posts

174 months

Saturday 15th July 2023
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Catchme said:
Who should we be talking to regarding this.
As it’s a friend’s daughter, no-one?

Unless of course it’s a “friend’s daughter”, in which case give the driver a stern talking to and let the process run its course as it sounds well deserved?

Mammasaid

5,245 posts

119 months

Saturday 15th July 2023
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The 1st one will probably get a SAC offer, however the 2nd is too fast for that and a FPN of 3pts and £100.

I'd be contacting a good motoring lawyer, like Agtlaw - https://www.counsel.direct/

Grumps.

16,836 posts

58 months

Saturday 15th July 2023
quotequote all
Catchme said:
A friend's daughter has just been caught speeding, twice, in 2 hours.

Details - both offences took place on the same stretch of Average Speed Check road with a 50mph speed limit. First time 57 mph, second time 81mph as per the NIPs.

Other pertinent info - the young lady has less than 2 years on her Full Licence.

We are looking at around 9 points, based on the totting up process - I understand that the 2-year rule for new drivers means an automatic cancellation of their licence and reapplication for a Provisional licence in order to retake the Theory/Practical tests.

Who should we be talking to regarding this. Is legal representation the way to go, or a website outlining the steps/punishments, etc? - I've not had any tickets in 40-odd years of driving so don't really have a clue regarding advice/support for this kind of thing.

Thanks in advance.
The daughter.

Lets hope she does have her licence cancelled.

Rushjob

2,268 posts

280 months

Saturday 15th July 2023
quotequote all
Catchme said:
A friend's daughter has just been caught speeding, twice, in 2 hours.

Details - both offences took place on the same stretch of Average Speed Check road with a 50mph speed limit. First time 57 mph, second time 81mph as per the NIPs.

Other pertinent info - the young lady has less than 2 years on her Full Licence.

We are looking at around 9 points, based on the totting up process - I understand that the 2-year rule for new drivers means an automatic cancellation of their licence and reapplication for a Provisional licence in order to retake the Theory/Practical tests.

Who should we be talking to regarding this. Is legal representation the way to go, or a website outlining the steps/punishments, etc? - I've not had any tickets in 40-odd years of driving so don't really have a clue regarding advice/support for this kind of thing.

Thanks in advance.
She will be losing her full licence under the rules contained in the New Drivers Act when she receives 6 or more points for the two offences.

She will probably receive a fixed penalty for the first offence ( 3 points ) but the second one will be a court hearing - 4-6 points, a band C fine and there's a discretionary disqualification of 7-56 days that the court may decide to impose

I'd suggest that the driver contact someone like agtlaw who may be able to mitigate the damage but I think that she's going to be taking her test again.

LosingGrip

8,628 posts

181 months

Saturday 15th July 2023
quotequote all
Catchme said:
A friend's daughter has just been caught speeding, twice, in 2 hours.

Details - both offences took place on the same stretch of Average Speed Check road with a 50mph speed limit. First time 57 mph, second time 81mph as per the NIPs.

Other pertinent info - the young lady has less than 2 years on her Full Licence.

We are looking at around 9 points, based on the totting up process - I understand that the 2-year rule for new drivers means an automatic cancellation of their licence and reapplication for a Provisional licence in order to retake the Theory/Practical tests.

Who should we be talking to regarding this. Is legal representation the way to go, or a website outlining the steps/punishments, etc? - I've not had any tickets in 40-odd years of driving so don't really have a clue regarding advice/support for this kind of thing.

Thanks in advance.
The first offence is likely to be a awareness course (assuming she hasn't done one before and it wasn't in Scotland?).

Second one is likely to be a ban of between seven and 56 days or six points. Plus a fine based on income.

A ban would mean she doesn't go back to her provisional status and have to do both theory and practical again as she wouldn't get any points. But I'd imagine her insurance would be through the roof.

Six points means back to provisional. Could get her licence back quickly but depends how long it takes to get a slot (and maybe a few lessons).

https://www.sentencingcouncil.org.uk/offences/magi...

Catchme

Original Poster:

169 posts

235 months

Saturday 15th July 2023
quotequote all
Thanks for all the replies - I agree - not a good look for a 20 year-old.....

I'll let the offender know....

Gary C

14,636 posts

201 months

Saturday 15th July 2023
quotequote all
Rushjob said:
She will be losing her full licence under the rules contained in the New Drivers Act when she receives 6 or more points for the two offences.

She will probably receive a fixed penalty for the first offence ( 3 points ) but the second one will be a court hearing - 4-6 points, a band C fine and there's a discretionary disqualification of 7-56 days that the court may decide to impose

I'd suggest that the driver contact someone like agtlaw who may be able to mitigate the damage but I think that she's going to be taking her test again.
Why not a SAC for the first offence, there is no rule that says she can't I believe ?

Second one could bite though.

Rushjob

2,268 posts

280 months

Saturday 15th July 2023
quotequote all
Gary C said:
Rushjob said:
She will be losing her full licence under the rules contained in the New Drivers Act when she receives 6 or more points for the two offences.

She will probably receive a fixed penalty for the first offence ( 3 points ) but the second one will be a court hearing - 4-6 points, a band C fine and there's a discretionary disqualification of 7-56 days that the court may decide to impose

I'd suggest that the driver contact someone like agtlaw who may be able to mitigate the damage but I think that she's going to be taking her test again.
Why not a SAC for the first offence, there is no rule that says she can't I believe ?

Second one could bite though.
True, if it were two offences 2 weeks apart, then she has a chance of the offer of a SAC. The problem is that before the offer goes out, the office will research her driver record and find two offences on the same day, with the second one being a straight to Court offence so, she has a chance, but it's a very slim one.
The whole ethos of the SAC is a drive towards a reduction in reoffending, however this driver has reoffended before being offered a course!


Gary C

14,636 posts

201 months

Saturday 15th July 2023
quotequote all
Rushjob said:
True, if it were two offences 2 weeks apart, then she has a chance of the offer of a SAC. The problem is that before the offer goes out, the office will research her driver record and find two offences on the same day, with the second one being a straight to Court offence so, she has a chance, but it's a very slim one.
The whole ethos of the SAC is a drive towards a reduction in reoffending, however this driver has reoffended before being offered a course!
return the first one ASAP, and hold the second one as long as allowed ?

Wonder if that would make any difference.

Pica-Pica

15,959 posts

106 months

Saturday 15th July 2023
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I can’t add much more than already written except, surely all new drivers know this 6 point risk, don’t they?
If she were my daughter/son, I would make sure she did extra lessons on passing her test, about ‘how to avoid getting 6 points’. (Whether they would listen, or take up the course is another matter).

Short Grain

3,419 posts

242 months

Saturday 15th July 2023
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Any particular reason for doing 81 through 50 average speed cameras? Not here to preach, I'm sure her parents have already done that blabla

LosingGrip

8,628 posts

181 months

Saturday 15th July 2023
quotequote all
Rushjob said:
True, if it were two offences 2 weeks apart, then she has a chance of the offer of a SAC. The problem is that before the offer goes out, the office will research her driver record and find two offences on the same day, with the second one being a straight to Court offence so, she has a chance, but it's a very slim one.
The whole ethos of the SAC is a drive towards a reduction in reoffending, however this driver has reoffended before being offered a course!
So based on your logic a course would be beneficial...

OP the above isn't true. As long as they haven't done one in the previous three years (excluding forces that don't do the national course) and within the speed threshold she'll be offered the course for the lower speed.

It doesn't matter if she has 11 points already, zero points, her licence for a day or or provisional licence. She could have done a course every three years and still be offered one.

I've stuck people on who have got caught twice in a week. I've even stopped someone the next day for speeding after I caught them and offered them a course (which they did still).

johnboy1975

8,500 posts

130 months

Saturday 15th July 2023
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Isn't the OP asking if there needs to be sufficient time between offences in order to reflect on driving standards etc?

Am sure I've heard of 1 fine written off if it's two from the same camera in the space of half an hour? Or did I just make that up?

The 81 is definitely a problem though so it's probably a forlorn hope

NRG1976

2,255 posts

32 months

Saturday 15th July 2023
quotequote all
Catchme said:
A friend's daughter has just been caught speeding, twice, in 2 hours.

Details - both offences took place on the same stretch of Average Speed Check road with a 50mph speed limit. First time 57 mph, second time 81mph as per the NIPs.

Other pertinent info - the young lady has less than 2 years on her Full Licence.

We are looking at around 9 points, based on the totting up process - I understand that the 2-year rule for new drivers means an automatic cancellation of their licence and reapplication for a Provisional licence in order to retake the Theory/Practical tests.

Who should we be talking to regarding this. Is legal representation the way to go, or a website outlining the steps/punishments, etc? - I've not had any tickets in 40-odd years of driving so don't really have a clue regarding advice/support for this kind of thing.

Thanks in advance.
Given she did 57 first time around suggest she was aware of the speed limit. Probably better off her learning a harsh lesson now, rather than an accident related one later, so hopefully a retake of a test is imposed.

RS_MAN_CHILD

586 posts

291 months

Sunday 16th July 2023
quotequote all
81 in a 50 deserves a ban sorry but there you have it! Not many would disagree with that as its excessive speed the magistrates will not take kindly to any sort of legal representation either it will only make them max the fines out!

ridds

8,366 posts

266 months

Sunday 16th July 2023
quotequote all
She could get a SAC for the first offence.

There's a very, very slim chance the Mags may give her 5 points and no ban (very unlikely though at that speed). Totally at their discretion. But that one will go to court.

She better start reading up on "Valid" hardship excuses and get good legal representation. It will be a LOT cheaper than the insurance premiums for future years if she has a ban on her record.

martinbiz

3,635 posts

167 months

Sunday 16th July 2023
quotequote all
ridds said:
She could get a SAC for the first offence.

There's a very, very slim chance the Mags may give her 5 points and no ban (very unlikely though at that speed). Totally at their discretion. But that one will go to court.

She better start reading up on "Valid" hardship excuses and get good legal representation. It will be a LOT cheaper than the insurance premiums for future years if she has a ban on her record.
Exceptional hardship can be used in mitigating against a totting up ban, not against revocation

martinbiz

3,635 posts

167 months

Sunday 16th July 2023
quotequote all
johnboy1975 said:
Isn't the OP asking if there needs to be sufficient time between offences in order to reflect on driving standards etc?

Am sure I've heard of 1 fine written off if it's two from the same camera in the space of half an hour? Or did I just make that up?

The 81 is definitely a problem though so it's probably a forlorn hope
Only if they can be convinced that it should be treated as one continuous offence, ie passing 2 cameras on the same stretch of road without deviation or stops. Passing the same camera twice by definition is unlikely to be accepted as a continuous journey and therefore a continuous offence