My worried missus

[chin up]

I have a problem. My missus has received a NIP and is panicking massively about the outcome. She didn't sleep last night, and can't push the image of going to prison from her mind.

Can anyone here convince her that she won't be carted off to jail, our daughter handed into care, and the house repossessed, after having been caught doing 56 in a 40 by a camera van?

She needs some reassurance, because she won't listen to me! Any guesses as to the points and fine?

Cheers!

[falcemob]

If you are in London or Thames valley and it's a first offence within 3 years she could be offered a speed awareness course even for that ridiculously high speed. Did her nose bleed at the time?

Does the NIP say "contemplating prosectution" or a definate "will be prosecuted"?

Edited by falcemob on Saturday 2nd February 10:54

[chin up]

Ha! Don't know about nose bleeding, her ears probably were because our little Madam in the back was screaming for food - hence the hurry. The area was Wiltshire, but this is her first offence (hence the panicking).

As for the NIP, it reads, "I hereby give you notice that it is intended to take proceedings against the driver of motor vehicle ..." which sounds fairly definate to me.

Ah well, looks like old speedy chops will have the key thrown away for her ridiculous speed, and I'll be a single Dad. Or, b!

[Davel]

Does it mention 'Visiting Rights'?

Of course she won't go to prison unless of course we don't have the full story.

Did she flatten a bus queue at the same time or take out the speed camera?

[chin up]

Dave, she's just told me not to say anything more in case you're, "CPS or something like that!"

Poor girl. No, there are no exciting complications such as ram-raiding or handguns - just a Mum in a hurry. She'll be glad to hear that prison is an unlikely outcome. I was suggesting Longlartin (max security), so our little one could go to Grandparents near Evesham, which would be good for visits!

So, 3 points and 60 quid then?

[vonhosen]

Speeding is not an offence for which you can go to prison, whatever the speed attained.

[chin up]

"Ok, I won't go to prison, but what if I lose my license?"

Heavens above, woman!

[vonhosen]

chin up said:

"Ok, I won't go to prison, but what if I lose my license?"

Heavens above, woman!

Then you can't legally drive.

It's unlikely though if there aren't any aggravating circumstances.

[chin up]

Thanks mate, I tried to tell her that. I think she's beginning to arrive at the reality that whilst it's a fair cop and she shouldn't have done it, it is not the end of the known world, merely a bit irritating.

[Brett928S2]

vonhosen said:

Speeding is not an offence for which you can go to prison, whatever the speed attained.

Hi

I didnt realise that....extremely interesting...

Is that why speeders who do 160 mph plus etc get done for dangerous driving etc ?? so they can be sent to prison?

SO....in theory, if I was speed gunned at 200 mph plus in my Porsche and was prosecuted for speeding, I CANNOT be imprisoned ?

A speed camera could not say I was driving dangerously obviously

All the best Brett

Edited by Brett928S2 on Saturday 2nd February 11:59

[chin up]

And let's face it, 200 mph in a 928 is indeed, theory!

[Brett928S2]

chin up said:

And let's face it, 200 mph in a 928 is indeed, theory!

Hi

Lol....possibly true of other 928s, but not with my 1000 hp Nitrous system, not that I would EVER use it on the road lol

All the best Brett

[Soren2]

Brett928S2 said:

vonhosen said:

Speeding is not an offence for which you can go to prison, whatever the speed attained.

Hi

I didnt realise that....extremely interesting...

Is that why speeders who do 160 mph plus etc get done for dangerous driving etc ?? so they can be sent to prison?

SO....in theory, if I was speed gunned at 200 mph plus in my Porsche and was prosecuted for speeding, I CANNOT be imprisoned ?

All the best Brett

Speeding itself is not imprisonable, but, if given account of the circumstances and the excessiveness of the speed, it is shown to be dangerous, you will be charged with dangerous driving, which carries a max of 2 years imprisonment, and a mandatory 12 month ban + extended retest.

A few have successfully argued that speed in itself is not dangerous (milton), and others haven't had to argue the case - I recall a 150mph driver in a stolen porsche in a 60mph S/C on the IOW being told at court that despite the speeds attained being excessively high, there was no evidence of dangerous driving.

For dangerous driving you have to show that a) the way he drives falls far below what would be expected of a competent and careful driver, AND
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

So it's an objective view of the facts of the event, followed by a consideration, which may take account of the ability of the driver, as to whether such a drive would be dangerous.

With the seriousness of the potential penalty, it's really not worth pushing it anywhere near the limits of what a careful competent driver might consider 'dangerous' to start at.

[vonhosen]

Brett928S2 said:

vonhosen said:

Speeding is not an offence for which you can go to prison, whatever the speed attained.

Hi

I didnt realise that....extremely interesting...

Is that why speeders who do 160 mph plus etc get done for dangerous driving etc ?? so they can be sent to prison?

SO....in theory, if I was speed gunned at 200 mph plus in my Porsche and was prosecuted for speeding, I CANNOT be imprisoned ?

A speed camera could not say I was driving dangerously obviously

All the best Brett

Edited by Brett928S2 on Saturday 2nd February 11:59

You can't be sent to prison for excess speed, you can for dangerous driving.
A speed camera measures and records speed, a person will determine if that contributes to dangerous driving or not.

On separate threads you can see that it is possible to be convicted for offences other than speeding from evidence gained by cameras.

[Soren2]

Regarding the OP, if it's a camera, it will in worst case be 3 points and £60, or the option of a speed awareness course. Definitely no more than 3 points, unless she chooses to challenge it at court where she might get 4 or 5 points.

[Brett928S2]

Hi

Hmmm, so if I could prove to a court that I was a "competent" driver at over 200 mph (which I can) and had travelled say 5 miles on a long straight Dual carriageway without seeing a single other car (with witnesses, so no risk to others)then it CANNOT be dangerous driving surely ?

Or am I missing something here ?

I think I am but cannot figure out what ?

All the best Brett

[chin up]

Hi Brett, wow, that's some mod! Sounds like excellent fun. I'm afraid I'm the last person to ask about the link between really excessive speed and dangerous driving.

Soren2, thanks mate, there will be no challenge from her, and we'll keep our fingers crossed for a course, rather than the points.

Cheers

[vonhosen]

Brett928S2 said:

Hi

Hmmm, so if I could prove to a court that I was a "competent" driver at over 200 mph (which I can) and had travelled say 5 miles on a long straight Dual carriageway without seeing a single other car (with witnesses, so no risk to others)then it CANNOT be dangerous driving surely ?

Or am I missing something here ?

I think I am but cannot figure out what ?

All the best Brett

It's not just how you view it, it's how the court view it through the eyes of the notional reasonable, prudent & competent driver.

PC Milton believed his 159mph was safe on a motorway, the court disagreed.

On public roads you can never be 100% sure that something won't enter the road, because there isn't sufficiently restricted access.

Edited by vonhosen on Saturday 2nd February 13:25

[Chrispy Porker]

Brett928S2 said:

Hi

Hmmm, so if I could prove to a court that I was a "competent" driver at over 200 mph (which I can) and had travelled say 5 miles on a long straight Dual carriageway without seeing a single other car (with witnesses, so no risk to others)then it CANNOT be dangerous driving surely ?

Or am I missing something here ?

I think I am but cannot figure out what ?

All the best Brett

The definition ia what a 'reasonably competent' driver considers dangerous.
We are back to the man on the Clapham omnibus. ( or possibly the driver of it)

[falcemob]

chin up said:

As for the NIP, it reads, "I hereby give you notice that it is intended to take proceedings against the driver of motor vehicle ..." which sounds fairly definate to me.

Aha, it's all in the wording, my speedy wife and myself have both received NIPs with the wording "contemplating proceedings" and we were both offered police naughty school. My daughter got one that was worded as yours and she got 3 points and somehow it cost me the £60 fine.
I expect if she somehow manages to get away without going to prison then it'll be 3 points, £60 and the burden of being a criminal.

Edited by falcemob on Saturday 2nd February 12:47