75 in a 50, what's the best outcome?

[200Plus Club]

A friend (yes really) Has just been done by a camera on a motorway so I suspect it's a reduced speed section at 50mph. New fines notwithstanding (he earns decent money) it's 4-6points I believe but does he need to attend court in person or does a guilty please by post risk a ban perhaps?

[200Plus Club]

To add, 3am on empty motorway and first camera hit on a 50mph restriction.

[Mike335i]

If he has been caught, I believe that it would be 6 points or a 7-28 day ban at 25mph over the limit and so a court summons is to be expected.

Also note that the max fine for speeding on a motorway is £2500 so if is a high earner this could be expensive!

More experienced individuals will come along soon with more detail no doibt, but I guess he could attend and be banned or be banned by post, he will need to convince the magistrates that he needs his licence is suppose!

Edited by Mike335i on Saturday 27th May 20:41

Edited by Mike335i on Saturday 27th May 20:43

[SS2.]

Subject to having 8 or less active points at the time, it's likely to be a fixed penalty - 3 points & £100.

[200Plus Club]

I think he's points free but I'll ask thanks. Anyone else know for sure if 25mph over is worth turning up in person ? Assume summons would arrive if more serious than 3 point fixed ?

[200Plus Club]

Yes hes points free for a long time! Have passed on comments, maybe the nip or summons will tell the tale of what he may be facing?

[Roofus]

200Plus Club said:

I think he's points free but I'll ask thanks. Anyone else know for sure if 25mph over is worth turning up in person ? Assume summons would arrive if more serious than 3 point fixed ?

Imbelieve general consensus is to always plead by form, then await the result.

[agtlaw]

As already identified, 75/50 is usually a £100 fixed penalty and 3 points.

If he isn't eligible for a fixed penalty then court proceedings will commence. Usually unwise to attend unless required. But it depends on his circumstances.

Edited by agtlaw on Monday 29th May 09:31

[Mike335i]

Not challenging the more knowledgeable and experienced members on here (certainly those who professionally know what they are on about!), but just to pick up on the point make that the likely outcome would be 3 points and £100, am I reading the guidelines wrong or is there more discretion allowed by the magistrates?

The below chart would, on my reading of it, suggest that 4-6 points or 7 - 28 day ban and a fine that I believe would be means tested on weekly income would apply.

More than happy to be proven wrong on this though.

[Mike335i]

Mike335i said:

Not challenging the more knowledgeable and experienced members on here (certainly those who professionally know what they are on about!), but just to pick up on the point make that the likely outcome would be 3 points and £100, am I reading the guidelines wrong or is there more discretion allowed by the magistrates?

The below chart would, on my reading of it, suggest that 4-6 points or 7 - 28 day ban and a fine that I believe would be means tested on weekly income would apply.

More than happy to be proven wrong on this though.

Edit:

Think I have answered my question with this


ACPO Guidelines would suggest that Summons should not be issues under 76mph and so it should not go to court, but if it did, then the sentencing guidelines might apply?

[SS2.]

That table forms part of the sentencing guidelines when a speeding offence is proceeded to court.

At an alleged 75mph in a 50mph, the OP's mate is [just] below the threshold where the matter can be disposed of by fixed penalty, thus avoiding a visit to the Magistrates Court.

Subject to his eligibility, the most likely outcome remains 3 points & £100 fine. Different story if the matter was handled by the courts, mind.

[ScoobyChris]

I received 3 points/£100 fine when caught by a camera at 95mph on a motorway.

ACPO guidelines suggest 76mph threshold for summons:

http://www.speedlimit.org.uk/faq.html

Chris

[agtlaw]

Mike335i said:

Not challenging the more knowledgeable and experienced members on here ...

Magistrates' court sentencing guidelines only apply if court proceedings are instituted. If a fixed penalty offer is accepted then court proceedings are not instituted. 75/50 is within the usual range for a fixed penalty offer.

[Mike335i]

agtlaw said:

The Magistrates' court sentencing guidelines only apply if court proceedings are instituted. If a fixed penalty offer is accepted then court proceedings are not instituted. 75/50 is within the range for a fixed penalty offer.

Thanks, that confirms what I had begun to realise as per my edit.

[EU_Foreigner]

ScoobyChris said:

I received 3 points/£100 fine when caught by a camera at 95mph on a motorway.

ACPO guidelines suggest 76mph threshold for summons:

http://www.speedlimit.org.uk/faq.html

Chris

At least you got the max out of the 3 points, rather than getting the same for 79 ...

[200Plus Club]

Cheers All, he appears to be a very lucky boy at 75mph then!

[creampuff]

200Plus Club said:

To add, 3am on empty motorway and first camera hit on a 50mph restriction.

If it is 3am and 50mph, that suggests roadworks with average speed cameras, not a variable speed limit with a point camera. Roadwork average speed cameras usually start far enough in that you could enter the 50mph section at 75mph and a closed throttle and be down to 50mph by the first camera. To get busted for 75, you would need to average 75mph between the first two cameras, which couldn't happen by accident.

[CaptainMorgan]

EU_Foreigner said:

At least you got the max out of the 3 points, rather than getting the same for 79 ...

I like this thinking.