Court Summons - speeding, advice please

Court Summons - speeding, advice please

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Discussion

Albionant

Original Poster:

2 posts

1 month

Wednesday 10th April
quotequote all
73mph in m25, didn't see the gantry said 40mph

I already have 3 points

Any advice on what i should say in court
What my approach should be?
Is a ban likely ?

Thanks for responding

GeniusOfLove

1,385 posts

13 months

Wednesday 10th April
quotequote all
Albionant said:
73mph in m25, didn't see the gantry said 40mph

I already have 3 points

Any advice on what i should say in court
What my approach should be?
Is a ban likely ?

Thanks for responding
72mph in a 40?

I'd get real legal advice, not PH "wisdom" but yes a ban is possible.


samoht

5,735 posts

147 months

Wednesday 10th April
quotequote all
You probably want to ask in this forum:
https://www.pistonheads.com/gassing/forum.asp?h=0&...

hopefully you can get some more knowledgeable advice over in SPOL

A couple of similar cases:
https://news.sky.com/story/andy-burnham-fined-and-...

https://www.theguardian.com/politics/2023/apr/04/r...

Mammasaid

3,856 posts

98 months

kambites

67,587 posts

222 months

Wednesday 10th April
quotequote all
73 in a 40 limit certainly could carry a short (7-56 day) ban but given the circumstances, as long as you don't do anything to annoy the magistrate, I'd imagine you're more likely to get 6 points and a fine. The fines are means tested, for 73 in a 40 limit it's likely to be about 150% of your weekly income.

I doubt there's much you can do really except turn up to court and make sure you come across as extremely sorry.

Edited by kambites on Wednesday 10th April 13:44

Albionant

Original Poster:

2 posts

1 month

Wednesday 10th April
quotequote all
kambites said:
73 in a 40 limit certainly could carry a short (7-56 day) ban but given the circumstances, as long as you don't do anything to annoy the magistrate, I'd imagine you're more likely to get 6 points and a fine. The fines are means tested, for 73 in a 40 limit it's likely to be about 150% of your weekly income.

I doubt there's much you can do really except turn up to court and make sure you come across as extremely sorry.

Edited by kambites on Wednesday 10th April 13:44
Yes, that was my planned approach, thank you

RSTurboPaul

10,401 posts

259 months

Wednesday 10th April
quotequote all
It could be worth speaking to AGT Law, a forum member who also defends motoring prosecutions.

Responder.First

53 posts

4 months

Wednesday 10th April
quotequote all
Need more info to offer help have you been driving and held a full UK Licence for 2 years or more?

If you drive the M25 or any other smart motorway with any regularity I would get some form of speed camera detection package.

I run Saphe unit and Waze/Tomtom Go normally, so I get warnings all over to remind me as well.

If on a SM you need to have your wits about you as these gantries can vary massively and as you have found you doing motorway speeds in temp 40Mph.


Assuming you hold a Full UK for 2 years plus-

Your in Band 'C' Driving at 66mph and above in a 40mph zone: Disqualified for seven to 56 days or six points.

They give you 6 points your on 9 till your first 3 drop off.

In terms of cost - Band C: Ranges between 125-175% of weekly income.

That will give you an idea.

Terminator X

15,105 posts

205 months

Wednesday 10th April
quotequote all
If in court you will get slaughtered. Speeding the most heinous of crimes.

TX.

agtlaw

6,712 posts

207 months

Wednesday 10th April
quotequote all
Responder.First said:
Need more info to offer help have you been driving and held a full UK Licence for 2 years or more?

If you drive the M25 or any other smart motorway with any regularity I would get some form of speed camera detection package.

I run Saphe unit and Waze/Tomtom Go normally, so I get warnings all over to remind me as well.

If on a SM you need to have your wits about you as these gantries can vary massively and as you have found you doing motorway speeds in temp 40Mph.


Assuming you hold a Full UK for 2 years plus-

You're in Band 'C' Driving at 66mph and above in a 40mph zone: Disqualified for seven to 56 days or six points.

They give you 6 points your on 9 till your first 3 drop off.

In terms of cost - Band C: Ranges between 125-175% of weekly income.

That will give you an idea.
No credit for an early guilty plea?

No prosecution costs?

No surcharge?

Probably wise to first establish whether a Summons has actually been received rather than a Single Justice Procedure Notice.



Edited by agtlaw on Wednesday 10th April 18:09

Patio

535 posts

12 months

Wednesday 10th April
quotequote all
Would time of day make any difference?

Late at night, barely any traffic?

kiethton

13,907 posts

181 months

Wednesday 10th April
quotequote all
Speak to AGT Law - wrote me a great mitigation letter.

On the fine (it'll happen) the month before make a massive pension contribution. They ask for a net income on the means form used for determining the fine. I did this and paid a fine that was ~30% of what the calculators said was likely as my net income was materially lower than normal. You'll have to pay costs and a no-victim fee.

ETA. Mine was 110 on a 70 motorway and got 6 points/£300 fine plus costs and surcharge

Edited by kiethton on Wednesday 10th April 19:46

Pablo Escobar

73 posts

36 months

Wednesday 10th April
quotequote all
M25 ?

Edited by Pablo Escobar on Thursday 11th April 16:28

Simpo Two

85,526 posts

266 months

Wednesday 10th April
quotequote all
Patio said:
Would time of day make any difference?

Late at night, barely any traffic?
Don't expect logic to factor in the outcome... The State does arithmetic, not thinking. This is a rat in a barrel, unfortunately.


kiethton said:
You'll have to pay costs and a no-victim fee.
A fee for NOT having a victim is the most stupendously nonsensical thing I've heard for a long time! It's even dafter than the boat show organisers who won't let boats moor at a quay in case spectators fall in. Frankly I'd rather fall onto a boat than into a river.

Gareth79

7,685 posts

247 months

Wednesday 10th April
quotequote all
I don't know if there's any stats, but it seems courts vastly prefer 6 points and a fine rather than a short ban these days, and that sort of makes sense, since most people could easily cope with a ban, then you get a clean licence and can carry on.

Simpo Two said:
kiethton said:
You'll have to pay costs and a no-victim fee.
A fee for NOT having a victim is the most stupendously nonsensical thing I've heard for a long time! It's even dafter than the boat show organisers who won't let boats moor at a quay in case spectators fall in. Frankly I'd rather fall onto a boat than into a river.
The money paid by road traffic offenders with victims doesn't really come close to the costs, so the rest back-fills it.

bigothunter

11,297 posts

61 months

Wednesday 10th April
quotequote all
Gareth79 said:
The money paid by road traffic offenders with victims doesn't really come close to the costs, so the rest back-fills it.
Costs of what? confused

martinbiz

3,096 posts

146 months

Thursday 11th April
quotequote all
bigothunter said:
Costs of what? confused
Do you think people employed by the courts, prosecutors etc do it for love?

bigothunter

11,297 posts

61 months

Thursday 11th April
quotequote all
martinbiz said:
bigothunter said:
Costs of what? confused
Do you think people employed by the courts, prosecutors etc do it for love?
Which highlights that invoking court procedure is ridiculous for the 'crime' of travelling at 73mph on the motorway.

I meant the cost penalty of this criminal offence. Who is the victim? Who has suffered loss?


Mammasaid

3,856 posts

98 months

Thursday 11th April
quotequote all
bigothunter said:
Which highlights that invoking court procedure is ridiculous for the 'crime' of travelling at 73mph in a 40mph limit (EFA).

I meant the cost penalty of this criminal offence. Who is the victim? Who has suffered loss?
Victim surcharge doesn't go directly to a 'victim', it's used fund victim services by anyone convicted of a crime, and yes speeding is a crime.

https://www.magistrates-association.org.uk/blog/al...

Pica-Pica

13,826 posts

85 months

Thursday 11th April
quotequote all
bigothunter said:
martinbiz said:
bigothunter said:
Costs of what? confused
Do you think people employed by the courts, prosecutors etc do it for love?
Which highlights that invoking court procedure is ridiculous for the 'crime' of travelling at 73mph on the motorway.

I meant the cost penalty of this criminal offence. Who is the victim? Who has suffered loss?
Why the quote marks around the word crime? The offence is defined by statute.