Sh*t... I was caught :(
Author
Discussion

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
Well, I have just had a phone call from my work, I was allegedly caught speeding on the A11 (I have not had the NIP yet, just request of details sent to my work).

The letter has said that I was caught at exactly 100mph.... which I thought was VERY odd. no 100.XXmph or anything... anyway I digress....

What am I looking at here? Big fine and points? Ban? frown

If I am looking at a ban, would being the sole provider for my (young) family and the fact that I rely on the use of a vehicle for work be classed as "exceptional hardship"?

Please help, yes I know I have done wrong, you don't need to tell me. I feel sick with worry.

Thank you

DuraAce

4,272 posts

190 months

Monday 21st March 2016
quotequote all
70mph limit I presume?

I'd guess at 4-6 points with few hundred quid fine. Perhaps a short-ish ban if you're really unlucky or have points already.


SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
DuraAce said:
70mph limit I presume?

I'd guess at 4-6 points with few hundred quid fine. Perhaps a short-ish ban if you're really unlucky or have points already.
hi yes, 70mph dual carriageway

Clean licence since 2009....

RobinOakapple

2,802 posts

142 months

Monday 21st March 2016
quotequote all
SickFish said:
Please help, yes I know I have done wrong, you don't need to tell me.
I expect you will be told anyway, it's the PH way.

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
RobinOakapple said:
SickFish said:
Please help, yes I know I have done wrong, you don't need to tell me.
I expect you will be told anyway, it's the PH way.
It s inevitable, I know... Sigh... I have already had an ear bending from the Mrs

HantsRat

2,409 posts

138 months

Monday 21st March 2016
quotequote all
The LTI 2020 which was probably used only gives a whole number on speed so 70mph rather than 70.89mph. It it always rounded down too.


It will most likely be a court appearance rather than offering you with a FPN. I would say 100mph will result in 4-6 points or a ban between a week and a month.

Edited by HantsRat on Monday 21st March 15:21

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
HantsRat said:
The LTI 2020 which was probably used only gives a whole number on speed so 70mph rather than 70.89mph. It it always rounded down too.
That's interesting, thank you smile

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
HantsRat said:
The LTI 2020 which was probably used only gives a whole number on speed so 70mph rather than 70.89mph. It it always rounded down too.


It will most likely be a court appearance rather than offering you with a FPN. I would say 100mph will result in 4-6 points or a ban between a week and a month.

Edited by HantsRat on Monday 21st March 15:21
Ah that sucks... having never been to court, it is not something I really wish to do! What is the procedure for it? Do I need to lawyer up?

4-6 points and a fine I can live with, and a weeks ban I could potentially live with (I can just take annual leave from work), but ideally I would rather the points and fine truth be told...!

Really kicking myself right now frown

agtlaw

7,414 posts

236 months

Monday 21st March 2016
quotequote all
It won't be a court appearance. It'll be a court hearing - that you can deal with by post or online. Statistically most likely outcome:

- 6 points
- Band B fine
- £85 prosecution costs
- Victim surcharge



Edited by agtlaw on Tuesday 22 March 21:23

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
agtlaw said:
It won't be a court appearance. It'll be a court hearing - that you can deal with by post or online. Stastically most likely outcome:

- 6 points
- Band B fine
- £85 prosecution costs
- Victim surcharge
Thank you, that has eased my mind (slightly), sorry, stupid question incoming... What is a band B fine?

Monty Python

4,813 posts

227 months

Monday 21st March 2016
quotequote all
That's the way I slow myself down - whether I could do without may car for a week/month, and the answer is no.

croyde

26,454 posts

260 months

Monday 21st March 2016
quotequote all
Victim surcharge? They are really taking the urine.

SS2.

14,712 posts

268 months

Monday 21st March 2016
quotequote all
An alleged 100mph in a 70mph limit is beyond the upper limit for a Fixed Penalty Notice.

The procedure is likely to be:

Your employer nominates you as the driver;
In a couple of weeks, you receive your own s.172 form which requires you to confirm that you were driving at that time;
A little while after that, you'll receive a summons / postal requisition which will require you to enter a plea;
If you plead not guilty, a date will be set for the case to be heard;
If you plead guilty and the court is considering a ban (unlikely), you'd have to attend for sentencing anyway;
Even if you plead guilty and the court do not require you to attend, you may still want to go along to offer mitigation in person;

Upon conviction, penalty points or a ban will be imposed, along with a means related fine, prosecution costs, surcharges, etc.

Unless you were planning on defending the allegation, I wouldn't bother with a solicitor - I'd attend in person for sentencing and hope for a sympathetic bench.

Edited by SS2. on Monday 21st March 15:49

agtlaw

7,414 posts

236 months

Monday 21st March 2016
quotequote all
SickFish said:
Thank you, that has eased my mind (slightly), sorry, stupid question incoming... What is a band B fine?
this

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
SS2. said:
An alleged 100mph in a 70mph limit is beyond the upper limit for a Fixed Penalty Notice.

The procedure is likely to be:

Your employer nominates you as the driver;
In a couple of weeks, you receive your own s.172 form which requires you to confirm that you were driving at that time;
A little while after that, you'll receive a summons / postal requisition which will require you to enter a plea;
If you plead guilty, a date will be set for trial;
If you plead not guilty and the court is considering a ban, you'll have to attend court for sentencing anway;
Even if you plead NG, you may still want to attend to offer mitigation in person;

Upon conviction, penalty points or a ban will be imposed, along with a means related fine, prosecution costs, surcharges, etc.

Unless you were planning on defending the allegation, I wouldn't bother with a solicitor - I'd attend in person for sentencing and hope for a sympathetic bench.
They have me bang to rights, unfortunately. So I will plead guilty.

Thanks.

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
agtlaw said:
SickFish said:
Thank you, that has eased my mind (slightly), sorry, stupid question incoming... What is a band B fine?
this
To be fair, I should have googled prior to asking. Thank you though, that confirms what I found too.

SS2.

14,712 posts

268 months

Monday 21st March 2016
quotequote all
SickFish said:
They have me bang to rights, unfortunately. So I will plead guilty.
Made a gash of guilty and not guilty in my post - hope you got the gist, though..

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
SS2. said:
SickFish said:
They have me bang to rights, unfortunately. So I will plead guilty.
Made a gash of guilty and not guilty in my post - hope you got the gist, though..
ish.... wink

RobinOakapple

2,802 posts

142 months

Monday 21st March 2016
quotequote all
croyde said:
Victim surcharge? They are really taking the urine.
The court doesn't have a choice, they haven't decided there is a victim here, they have to impose it.

https://www.sentencingcouncil.org.uk/about-sentenc...

SickFish

Original Poster:

3,503 posts

219 months

Monday 21st March 2016
quotequote all
here is a question... I am looking at a minimum of £500.00 fine (or thereabouts). Do I have to pay the fine in one full payment or can you pay in "installments".... only ever had a £60.00 3 point NIP so this is all alien to me!