43 in a 30 - Court summons , predicted penalty ?

[Stoatman]

Hey all,

A good friend of mine has just received a court summons in the post because of allegedly getting caught going 43 in a 30. Bit naughty but she is very upset and needs her car for a long commute to work etc. I guess the fact that she needs to go to court is worse than just getting a 60 quid fine and 3 points or a speed course.

Any ideas what the punishment would be. She has a clean driving license if that makes a difference.

[jon-]

6 points and a 3 figure fine?

[sinizter]

5-6 points and a much larger penalty, plus the victim's surcharge or whatever it is called.

[TameRacingDriver]

Eh? I've had 2 SP30s, caught at 48 in a 30 and was given 3 points at the roadside. This sounds very excessive.

[sinizter]

TameRacingDriver said:

Eh? I've had 2 SP30s, caught at 48 in a 30 and was given 3 points at the roadside. This sounds very excessive.

They may get 3 points and a much larger fine. It is only 1mph higher than the threshold for the speed awareness courses. But worst case is as above, which in my view is excessive.

[Stoatman]

Caught by a speed camera and just had the letter . I guess if your stopped its up to the police chap at the time ?

[Mermaid]

sinizter said:

5-6 points and a much larger penalty, plus the tip

EFA. Really tough if it is 5-6 points

[jjones]

is this not one of those plead guilty by post forms?

[SS2.]

Straight to summons for an alleged 43 in a 30mph limit is a bit odd..

Could there be more to this story ie it's a NIP not a summons; she ignored / declined a CoFP; she has 9 active points already; the summons is for failing to furnish; the alleged speed was in excess of 50mph; etc ?

[Stoatman]

Not sure to be honest. difficult to excise the exact info. I have never had a letter so not sure what you need to do next. I thought you sent it back proving you are the driver but not sure

[SS2.]

Stoatman said:

I have never had a letter so not sure what you need to do next.

Typically -

A NIP - no actions required.
A s.172 request - must provide the details of the driver.
A summons - consider entering a guilty / not guilty plea.

Would be useful to have some further info, not least of all confirmation of the actual documentation received to date.

[Ozzie Osmond]

SS2. said:

Straight to summons for an alleged 43 in a 30mph limit is a bit odd.

I disagree. Nearly 50% over any speed limit is always going to attract attention.

[Stoatman]

Updated info , yes its just an NIP . I guess this is signed to say "yes its me in the car" and then they send you a fine back. All standard stuff is it ?

[Dave_]

A straight summons sounds very odd.

I sadly have had 2 speeding charges , 48 in a 30 and 44 in a 30. Both were dealt with by fixed penalty , 3 points and 60 quid.

[anonymous-user]

Ozzie Osmond said:

SS2. said:

Straight to summons for an alleged 43 in a 30mph limit is a bit odd.

I disagree. Nearly 50% over any speed limit is always going to attract attention.

Funnily enough I got caught doing 43 in a 30 last year. Got 3 points and a fine. Certainly no summons!

[Mermaid]

Stoatman said:

Updated info , yes its just an NIP . I guess this is signed to say "yes its me in the car" and then they send you a fine back. All standard stuff is it ?

Were you the driver? Have I missed something here?

[traffman]

Get in touch with a solicitor , or you can apply for legal aid.

6 points and a fine is a tad harsh as that's what i received for Careless driving , my solicitor got it down from dangerous driving.

I was a naughty boy once , weren't we all ?


Even if you take the solicitors advice .

[SS2.]

Ozzie Osmond said:

I disagree. Nearly 50% over any speed limit is always going to attract attention.

Always ? Hardly..

Absent any aggravating factors, 9 points already, SCP running out of time to prosecute (etc), an alleged 43 in a 30mph limit will almost always result in an offer of fixed penalty.

[Stoatman]

No not me (honestly not me !) One of the mrs' best friends . I had a garbled message to try and find out the expected punishment and courts were mentioned before I could get the exact info. THanks for the insight so far

[SS2.]

Stoatman said:

Updated info , yes its just an NIP . I guess this is signed to say "yes its me in the car" and then they send you a fine back. All standard stuff is it ?

Quite so..