129mph on the motorway
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Discussion

E30 sam

Original Poster:

33 posts

221 months

Friday 28th September 2018
quotequote all
Okay, so I've been a little silly and had a moment of madness on the motorway.

I was pulled over on Monday afternoon and shown footage from an undercover car that shows me travelling at 129mph, the officer was really good considering but I'm just wondering what the outcome is going to be.

I fully accept what I've done but it would be useful to see what others know or have walked away with, at a guess I'll be in the magistrates soon enough and will be looking at a definite ban, points and large fine but what I can't work out is how much for each.

Is it possible that I'll get a custodial sentence.

Cheers


Pdelamare

663 posts

158 months

Friday 28th September 2018
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Prison food isn't all that bad, so I'm told.

Petrus1983

11,151 posts

192 months

Friday 28th September 2018
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Any previous motoring convictions?

E30 sam

Original Poster:

33 posts

221 months

Friday 28th September 2018
quotequote all
The officer was genuinely good, he appreciated that it was a moment of madness and that I wasn't trying to get away and that I fully accepted what I had done.

I've no previous driving convictions other than one back in 2011 but I'd imagine that is long gone now.

I forgot to say why I had been travelling at that speed, a work colleague was behind me and he can be seen on the video bout 5-10 car lengths behind me but it does appear that I'm pulling away slightly. We weren't racing so to speak but we did know each other was there, before the undercover car came past I had already slowed back to 70mph on cruise so it was literally 45-60seconds of stupidity.

Well I Never

28 posts

97 months

Friday 28th September 2018
quotequote all
You can look forward to a fine of one and a half week's net income (reduced by a third if you plead guilty), a surcharge of 10% of the fine (Min £30, Max £170) and £85 costs (again, assuming a guilty plea). You can also look forward to an immediate ban for this offence alone. The guidelines say between 7 and 56 days but that guideline begins at 101mph. Accompanying that guideline is further guidance which says that where the speed is "excessive" a longer ban should be considered. No points will be awarded (you cannot received a ban and points).

You cannot go to prison for speeding no matter what the speed or how many times you commit the offence.

TwigtheWonderkid

49,088 posts

180 months

Friday 28th September 2018
quotequote all
E30 sam said:
a moment of madness .....


it was literally 45-60seconds of stupidity.
So not a moment of madness then.

Terminator X

20,673 posts

234 months

Friday 28th September 2018
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TX.

Zetec-S

6,898 posts

123 months

Friday 28th September 2018
quotequote all
Well I Never said:
You can look forward to a fine of one and a half week's net income (reduced by a third if you plead guilty), a surcharge of 10% of the fine (Min £30, Max £170) and £85 costs (again, assuming a guilty plea). You can also look forward to an immediate ban for this offence alone. The guidelines say between 7 and 56 days but that guideline begins at 101mph. Accompanying that guideline is further guidance which says that where the speed is "excessive" a longer ban should be considered. No points will be awarded (you cannot received a ban and points).

You cannot go to prison for speeding no matter what the speed or how many times you commit the offence.
^^^ Ignore this rolleyes

E30 sam said:
I forgot to say why I had been travelling at that speed, a work colleague was behind me and he can be seen on the video bout 5-10 car lengths behind me but it does appear that I'm pulling away slightly. We weren't racing so to speak but we did know each other was there, before the undercover car came past I had already slowed back to 70mph on cruise so it was literally 45-60seconds of stupidity.
Did your colleague get pulled as well?

Personally I think you should speak to a lawyer.

agtlaw

7,404 posts

236 months

Friday 28th September 2018
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In June this year, I was instructed in a 127 mph speeding case. The defendant had 9 penalty points at the time of the offence. Pleaded guilty to driving at 127 mph. 60 day ban.

ElectricPics

761 posts

111 months

Friday 28th September 2018
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I'd strongly recommend getting a decent solicitor with expertise in handling motoring offences to try to mitigate a ban to 6 points if you might lose your job through a ban or have other extenuating circumstances.

Eddieslofart

1,328 posts

113 months

Friday 28th September 2018
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If he gave you a speeding ticket only, i’d Wager a fiver on a 6 month ban and 1k fine.

Dangerous driving, 3 months bang up and a ban.

I’m not usually one to knock a man for making progress, but that speed on a motorway in the afternoon is quite frankly, childish.

Eddieslofart

1,328 posts

113 months

Friday 28th September 2018
quotequote all
agtlaw said:
In June this year, I was instructed in a 127 mph speeding case. The defendant had 9 penalty points at the time of the offence. Pleaded guilty to driving at 127 mph. 60 day ban.
Would I be correct in thinking any ban over 58 days negates the points ?

E30 sam

Original Poster:

33 posts

221 months

Friday 28th September 2018
quotequote all
Just to confirm the motorway was clear, it was warm with good visibility.

The officer said it wasn't dangerous just excess speed.

I do need my licence for work but would I not be better taking a ban rather than trying to argue the toss and then get stung with a massive fine and loads of points. I feel that a few weeks ban and sub £1k fine is much better than 12-15 points & a £3k fine.

jamei303

3,084 posts

186 months

Friday 28th September 2018
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If you were David Beckham, what would your lawyer argue? You could try the Alex Fergusson defence that you suffering from diarrhoea. Or perhaps you could blame depression like Ronnie O'Sullivan did successfully.

agtlaw

7,404 posts

236 months

Friday 28th September 2018
quotequote all
Eddieslofart said:
Would I be correct in thinking any ban over 58 days negates the points ?
No. Historically, I believe that used to be the case for a ban of 56+ days. These days, the slate is wiped clean only for a totting up disqualification - whatever the length. A 56+ day disqualification has the effect of revoking a licence.

tigger1

8,469 posts

251 months

Friday 28th September 2018
quotequote all
Well I Never said:
You can look forward to a fine of one and a half week's net income (reduced by a third if you plead guilty), a surcharge of 10% of the fine (Min £30, Max £170) and £85 costs (again, assuming a guilty plea). You can also look forward to an immediate ban for this offence alone. The guidelines say between 7 and 56 days but that guideline begins at 101mph. Accompanying that guideline is further guidance which says that where the speed is "excessive" a longer ban should be considered. No points will be awarded (you cannot received a ban and points).

You cannot go to prison for speeding no matter what the speed or how many times you commit the offence.
"you cannot received a ban and points" - This much is true, give or take the typo.

I hope you weren't in Scotland, where excessive speed alone can be considered dangerous.

Seek a good motoring lawyer for advice - agtlaw comes well recommended around here.





e30m3Mark

17,532 posts

203 months

Friday 28th September 2018
quotequote all
At least you threw your hands up and didn't try to mitigate the speed with any silly reasons, such as being desperate for the loo, or simply not realising your speed.

A ban seems likely, given the excessive speed and it being over 100mph, but you could stress the likelihood of losing your job and subsequent financial hardship as a direct result?

That said, even if you did escape a ban it's quite likely you'll have a fair number of points instead. A regular speeding ticket could then result in a ban a little further down the line instead? At least a ban now will mean zero points when your licence is returned. You'll get stung by your insurers then though I imagine.

One of the reasons I got shot of the V8 M3 was the ease with which it would breeze past 130 - 140mph when the A30 was empty and I flexed my right foot. I knew a lengthy ban would be in the offing sooner or later. Nowadays I prefer cars that feel fast even when they aren't. Anyway, best of luck with it all. smile

agtlaw

7,404 posts

236 months

Friday 28th September 2018
quotequote all
E30 sam said:
Just to confirm the motorway was clear, it was warm with good visibility.

The officer said it wasn't dangerous just excess speed.

I do need my licence for work but would I not be better taking a ban rather than trying to argue the toss and then get stung with a massive fine and loads of points. I feel that a few weeks ban and sub £1k fine is much better than 12-15 points & a £3k fine.
A lot a confusion here about the fine (and points). The fine will be the same whether banned or not.

If you plead guilty to driving at 129 mph then you’re not getting any penalty points. It’s simply a question of how long your ban is.

PorkInsider

6,596 posts

171 months

Friday 28th September 2018
quotequote all
E30 sam said:
Just to confirm the motorway was clear, it was warm with good visibility.

The officer said it wasn't dangerous just excess speed.

I do need my licence for work but would I not be better taking a ban rather than trying to argue the toss and then get stung with a massive fine and loads of points. I feel that a few weeks ban and sub £1k fine is much better than 12-15 points & a £3k fine.
First thing I’d do is to get some proper advice from agtlaw (link here http://www.counsel.direct)

I’m sure that would be more beneficial than asking the laymen (other than agt) on this thread.

Not much to add myself other than I don’t envy you and I’m sure I could have ended up in the same boat a few times in the past.

Pica-Pica

16,606 posts

114 months

Friday 28th September 2018
quotequote all
Terminator X said:


TX.
A continuation of the ‘glove box’ storage thread.