Advice - 78 in 50 last night

[D4VE 3LL]

Never posted in here fortunately... however last night at 11.30pm near Colwyn Bay on the way back from North Wales to Worcestershire I got caught by a police officer with a radar gun doing 78mph in a brief 50mph. Now I know I should have paid attention to the short 50mph stretch I had entered but I just didn't clock the signs.

I've been told to expect a minimum of £100 fine and 3 points. I'm just wondering what to expect. 27 years old. Never been caught speeding, never been banned before on any level so not sure what to expect. I have a clean license if that helps.

As I said, just wondering what to expect. Apart from a roasting from some on here!

David

[KungFuPanda]

I reckon you'd be very lucky to get 3 points and a £100 fine. You should be over the moon if that's all you get.

Not sure if things have changed but I've read that anything over 76mph in a 50mph zone will result in a Court summons.

[daemon]

First offence?

You'll probably get away with crucifixion.

[Stoofa]

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

[speedking31]

See the spreadsheet in here.

[douglasb]

In a 50 a speed awareness course is only going to be offered for speeds up to 64.

Fixed penalties (£100 and 3 points) will only be offered up to 76.

Anything above that means a court appearance with the potential of 6 points or a short ban. There will be an income related fine on top.

6 points and a fine is the most likely outcome. If you are offered £100 and 3 points take it as you won't do better than that.

[D4VE 3LL]

Thanks for all the replies. So the 'Single Justice Procedure' has finally come through in the post. Yes I'm guilty, no two ways about it. However given my job working in the motor trade and needing as few points as is possible am I best to plead guilty under the Single Justice Procedure and not go to court or am I better to Plead guilty in court and try and look all sorry and apologetic?

[HantsRat]

D4VE 3LL said:

Thanks for all the replies. So the 'Single Justice Procedure' has finally come through in the post. Yes I'm guilty, no two ways about it. However given my job working in the motor trade and needing as few points as is possible am I best to plead guilty under the Single Justice Procedure and not go to court or am I better to Plead guilty in court and try and look all sorry and apologetic?

You can plead guilty by post/online if you wish but expect them to give a court date anyway as a disqualification is possible.

[agtlaw]

D4VE 3LL said:

Thanks for all the replies. So the 'Single Justice Procedure' has finally come through in the post. Yes I'm guilty, no two ways about it. However given my job working in the motor trade and needing as few points as is possible am I best to plead guilty under the Single Justice Procedure and not go to court or am I better to Plead guilty in court and try and look all sorry and apologetic?

I assume that you have 5 or fewer points and your aim is to avoid a ban.

Do not attend court unless you have to. You won't be disqualified at the Single Justice stage. If you elect a court hearing then you miss a chance to avoid a ban.

Write your mitigation statement in advance. Matters pertaining to the offence and your personal circumstances are relevant. Use the makeaplea website and cut/paste the mitigation statement to the appropriate part. If you have any references then do not use the online system but send everything by Signed For post.

The fine is based on your income. You should complete a statement of means. If you don't complete a statement of means then it will be assumed that your relevant weekly income is £440.

[D4VE 3LL]

I have 0 points, never have done and this is my first driving offence.

As my income varies month to month based on commissions, would I get away with using my basic salary to lower the financial blow or is this ill advised. By references, I assume you mean my employer?

Thanks again

[R8Steve]

I got 3 points and a £100 fine for a speed 'no less than 76mph in a 50mph'.

It was dealt with by an FPN on the spot though and didn't involve courts.

[D4VE 3LL]

P.S I'm not sure what difference it makes (if any) but the Witness Statement filled filed by the police officer is signed by the officer himself but doesn't have a signature in the "Signature witnessed by:" box?

[kiethton]

Speak to AGT law on here, he'll advise you on the best course of action from where you are and it may not be immediately obvious...and also prepare your mitigation statement.

I was caught at 105-110 last year although with expired points, he helped me massively and the cost of preparing the above was insignificant in the grand scheme of things.

I elected to make a significant pension contribution and max out other pre-tax deductions for a month or 2, note they ask for net earnings not gross!, and as a result was able to legitimately declare 1/3 of my actual income resulting in a fine of only £300, 6 points was a fair result too given the speed.

When caught best to try and mitigate the outcome!

[Monkeylegend]

kiethton said:

Speak to AGT law on here, he'll advise you on the best course of action from where you are and it may not be immediately obvious...and also prepare your mitigation statement.

!

If only he would post advice on this thread, that would be a great help to the OP

[agtlaw]

D4VE 3LL said:

P.S I'm not sure what difference it makes (if any) but the Witness Statement filled filed by the police officer is signed by the officer himself but doesn't have a signature in the "Signature witnessed by:" box?

Irrelevant. See Criminal Procedure Rules 2015 (as amended), Part 16.

Edited by agtlaw on Friday 23 June 12:55

[kiethton]

Monkeylegend said:

If only he would post advice on this thread, that would be a great help to the OP

Dammit, I knew skim-reading had it's disadvantages! - just do as he's said

[Monkeylegend]

kiethton said:

Monkeylegend said:

If only he would post advice on this thread, that would be a great help to the OP

Dammit, I knew skim-reading had it's disadvantages! - just do as he's said

We all do it

[HustleRussell]

D4VE 3LL said:

I've been told to expect a minimum of £100 fine and 3 points. I'm just wondering what to expect. 27 years old. Never been caught speeding, never been banned before on any level so not sure what to expect. I have a clean license if that helps.

As I said, just wondering what to expect.

I suppose you'd like to know what to expect

[agtlaw]

Chas Town said:

Speeding is treated worse than homicide in North Wales.The beak will look at you like you are st on his shoe .

You're apparently unfamiliar with Single Justice Procedure cases.

[NoIP]

D4VE 3LL said:

Never posted in here fortunately... however last night at 11.30pm near Colwyn Bay on the way back from North Wales to Worcestershire I got caught by a police officer with a radar gun doing 78mph in a brief 50mph.

You have my sympathies! I used to travel along the A55 very regularly, westbound to Conwy from Manchester through the late mornings and back home late at night or early hours and at that time of the night the road was pretty much empty. I never paid any attention to the 50 limit through the tunnels either and there's a strong chance I may have been doing similar speeds to yourself . 50 limit is far too slow along there even through the daytime. It's a well sighted road and 70 would be perfectly fine. There are 2 'on' slip ramps which are a bit short but nothing that you don't see elsewhere on the motorway network/trunk roads. In all the years I've travelled that road I've only seen the police once, and that was them sat on the bridge at the McDonalds at the Lloc/Caerwys junction with their speed gun out.