71mph in a 50 limit in 1st yr of driving - Court will say..?

[Frimley111R]

Guy who works with me has been caught doing 71mph down a 50mph road by a Gatso. He has been driving less than a year and is in Court on Friday over it, what do you think they'll give him?

Edited by Frimley111R on Wednesday 6th February 12:41

[FiveStar]

4/5 points, approx 200 quid tax

Edited by FiveStar on Wednesday 6th February 12:44

[SS2.]

Upon conviction for the speed alleged, 4-5 points OR possible short term ban. IMO, a ban is less likely than points unless there were aggravating factors.

Out of interest, how did this come to progress to court ? An alleged 71mph in a 50mph limit would ordinarily be dealt with by Conditional Offer of Fixed Penalty..

[Frimley111R]

Not sure how it came to Court. He is at lunch now so will ask him when he returns but he seems resigned to a ban even though he probably won't be banned.

Apparently it was one of those cameras where they are well hidden and right on the line of the revised speed limit. Unlucky.

[The Tea Boy]

expect 6 points and £xx tax, but 6 points within forst 2yrs = re-take on test, but no ban.

AFAIK
matt

[Frimley111R]

The Tea Boy said:

expect 6 points and £xx tax, but 6 points within forst 2yrs = re-take on test, but no ban.

AFAIK
matt

But until he can take and pass his test he will effectively be banned?

[PottyMouth]

Hold on! That's less than 26mph over the limit, so surely an FPN will be in order?

[Soren2]

Should have been a fixed penalty ticket. Don't know why one wasn't given, unless the chap is challenging it (or needed his licence and wasn't able to surrender it, or many other reasons for which fpt can't be offered).

Regarding the new driver revocation on six points that is not done by the courts. You can continue to drive until DVLA revoke your licence. You can then start again.

[SS2.]

The Tea Boy said:

..expect 6 points..

On what basis ?

The Magistrates rarely deviate from their own sentencing guidelines..

[JustinP1]

SS2. said:

The Tea Boy said:

..expect 6 points..

On what basis ?

The Magistrates rarely deviate from their own sentencing guidelines..

In usual circumstances I would agree completely. Sometimes they may give the 3 points in the 4/5 point banding.

However, if you are in North Wales expect to get less slack than the numerous petty criminals they have there. My 6 points was reduced to 4 on appeal that it was outside of the guidelines and there was no reason to punish me above them.

[SS2.]

JustinP1 said:

My 6 points was reduced to 4 on appeal that it was outside of the guidelines and there was no reason to punish me above them.

Quite so. If the Magistrates award a sentence which is seen (for no good reason) to be at odds with the guidelines, then remedy is available by way of appeal..

ETA - The Magistrates are aware of this and tend to stick reasonably closely to the suggested guideline penalties, accordingly.

Edited by SS2. on Wednesday 6th February 13:37

[Brett928S2]

Frimley111R said:

Guy who works with me has been caught doing 71mph down a 50mph road by a Gatso. He has been driving less than a year and is in Court on Friday over it, what do you think they'll give him?

Edited by Frimley111R on Wednesday 6th February 12:41

Hi

An eye test ??? lol

All the best Brett

[zoers]

hi there this has just happened to me my post is above...well i already had 3 points in my 2yrs probtion got stopped again cause im new driver got took to courtmy outcome was 21 day ban...120 fine...
if he has no points already on his license i think he should be ok...i already had 3 on mine but they didnt revoke my license but banned me for 21 days so i didnt lose my license....is there any chance he can get a letter of his employer too state if he loses his license he will lose his job...or does he have kids or something he can use like hes the only driver in his household so need his car to ship him and family around...what i did was wrote to the courts an told them i couldnt attend due to work in my letter i explained my situation and what problems would be caused if i lost my license..i also stated that speeding was no excuse and i didnt condole speeding..so this then made the courts ajourn it for me to attend they cannot issue with a ban if you are not there so they will summons him to court by then the courts would have read his letter and when he appears on his next date he can then put his story forward again.....its up to ur m8 really but get him to lay it on think and look all sorry for himself when he gets to court...lol....hope this helps zoe

[Frimley111R]

Just heard: 5 points and £250 tax. Lucky boy, only two more months until he has been driving for over a year and his max points will be 12!

[AndyRw]

Frimley111R said:

only two more months until he has been driving for over a year and his max points will be 12!

Um... six points during the first TWO years = DL revoked

[Jasandjules]

Frimley111R said:

Just heard: 5 points and £250 tax. Lucky boy, only two more months until he has been driving for over a year and his max points will be 12!

Tell him that for the next 14 months, he needs to watch his speedo more than the road ahead, if he wants to keep his license. Time to drive like he was driving Miss Daisy.

[RtdRacer]

SS2. said:

JustinP1 said:

My 6 points was reduced to 4 on appeal that it was outside of the guidelines and there was no reason to punish me above them.

Quite so. If the Magistrates award a sentence which is seen (for no good reason) to be at odds with the guidelines, then remedy is available by way of appeal..

ETA - The Magistrates are aware of this and tend to stick reasonably closely to the suggested guideline penalties, accordingly.

Edited by SS2. on Wednesday 6th February 13:37

And those guidelines are there for a good reason. The bench simply will not deviate from them without good reason. WHenever I hear a bench has gone above the tariff suggested, my first question is 'what were the aggravating factors?' E.g. Past a school at kicking out time, poor driving conditions, heavily congested road etc.

[Frimley111R]

Jasandjules said:

Frimley111R said:

Just heard: 5 points and £250 tax. Lucky boy, only two more months until he has been driving for over a year and his max points will be 12!

Tell him that for the next 14 months, he needs to watch his speedo more than the road ahead, if he wants to keep his license. Time to drive like he was driving Miss Daisy.

Would this be something that has come in since he passed and so is not bound by or has it been around longer than 10 months? I can't tell from the link.

Edited by Frimley111R on Tuesday 12th February 13:07

[SS2.]

Frimley111R said:

Would this be something that has come in since he passed and so is not bound by...

No. Its been around for quite a while.

Briefly, anyone who amasses 6 or more penalty points within 2 years of first becoming qualified will have their licence revoked.

Edited by SS2. on Tuesday 12th February 13:20