Caught at 67mph in a 30mph limit

[Deester]

Not me!

Thought I would share this with you guys. Someone I know up in Scotland got caught at this stupid speed in a 30 limit by plod and radar gun.

Outcome?

4 points and a fine. I think the fine was 300 - 400 cant remember the exact figure.

I thought they would have been looking at a ban!

Scary stuff.

[dontlift]

Deester said:

Not me! Thought I would share this with you guys. Someone I know up in Scotland got caught at this stupid speed in a 30 limit by plod and radar gun. Outcome? 4 points and a fine. I think the fine was 300 - 400 cant remember the exact figure. I thought they would have been looking at a ban! Scary stuff.

At that sort of speed they most certainly should have been

[dazren]

I'm guessing that by your mate not receiving a ban, the magistrates may have considered the 30 limit to be stupid in the extreme.

DAZ

[manek]

Rot!

I would imagine the 'mate' must have presented extremely mitigating circumstances, or been very very lucky (as well as a fool, doing that speed). AFAIAA, magistrates go by the law, ie 30mph means 30mph. Their job is not to interpret whether or not the law is 'sensible'.

[_Al_]

manek said:

Rot! I would imagine the 'mate' must have presented extremely mitigating circumstances, or been very very lucky (as well as a fool, doing that speed). AFAIAA, magistrates go by the law, ie 30mph means 30mph. Their job is not to interpret whether or not the law is 'sensible'.

Mitigating circumstances are considered. If this was a dual carrigeway in a non-urban area, on a sunday morning with no traffic I can't see how this is unreasonable.


Sure if it was through a housing estate 1/2 hour after school time, he should be shot, but don't condem him until you know what happened.

[loaf]

More than twice the limit may well result in an 'inconvenience' ban - 14-28 days or so, plus a humdinger of a means-tested fine.

[dazren]

Magistrates guidelines is to consider banning any driver caught doing 30mph over the posted limit. In this instance mitigating circumstances must have been put forward by the defendant. Part of this mitigation may well have included details of the road concerned, demonstrating that the speed limit may well have been stupid in the extreme. You can guarantee if the road was next to school or a hospital etc, the cretin would have been banned.

DAZ

[Deester]

The road in question was on approach to a housing scheme. They were stopped just before the houses.

I am going to find out more about how they got off so light. Strange one indeed.

[Pesty]

dazren said:

Magistrates guidelines is to consider banning any driver caught doing 30mph over the posted limit. In this instance mitigating circumstances must have been put forward by the defendant. Part of this mitigation may well have included details of the road concerned, demonstrating that the speed limit may well have been stupid in the extreme. You can guarantee if the road was next to school or a hospital etc, the cretin would have been banned. DAZ

sorry Dazren not wishing to rude but. you say he must have had mitigating circumstanses ie stupid in the extreme speed limit then call him a cretin anyway!

I try and stick to 30 limits but i'm sure at times i've strayed over I wouldnt call anyone a cretin that I dont know unless I know all the facts or they had nicked said car.

Cheers phil

ps i'm very tired worked a very stressful 12 hour shift today so apologies if ive read you wrong

[xylophone]

In England, the Magistrates sentnecing guideleines say:

For travelling between 21 and 30 mph faster than a 20-30 mph speed limit, or between 26 and 35 mph faster than a 40-50 mph speed limit, or between 31 and 40 mph faster than a 60-70 mph speed limit, the guidelines suggest that the magistrates endorse with 6 penalty points or consider disqualification for between 14 and 56 days.

To suggest the Scottish magistrates did not ban because they thought the limit ridiculous is wholly off the mark. As a lawyer, I can confirm the obvious, which is that they are there to enforce the limit that is there - they cannot susbstitute their own view of what is a reasonable limit -

[dazren]

If the mitigation was strong enough for the driver to avoid a ban and only get 4 points and a fine for travelling at 67 in a 30, I would question wether the driver should have been receiving any points or fine at all.

In my area we have had many 30 limits created that are quite frankly ridiculous in the extreme. I believe there must be occurances where sitting magistrates have local knowledge of the roads concerned and choose towards the lenient end of the range of available punishments when deciding on the issue of fine and points.

The fact that the driver was not totally absolved leaves me in no doubt with the information to hand he/she was driving like a cretin.

Anyhow, over to Deester, any more details mate?

DAZ

[james_j]

To those who say "what an idiot" for doing that speed in a 30 (or words to that effect): some 30 limits are way too low. You need to open your mind a bit and think that what you are told to do is not always correct.

[Zorro]

Deester said:

Not me! Thought I would share this with you guys. Someone I know up in Scotland got caught at this stupid speed in a 30 limit by plod and radar gun. Outcome? 4 points and a fine. I think the fine was 300 - 400 cant remember the exact figure. I thought they would have been looking at a ban! Scary stuff.

Here's another 78 in a 30, the 30 involved is a DC which blends into a 70. Obviously a bit of common sense has been applied by the or maybe he used the Jedi mind trick...'You are not going to ban me your honour'....

www.thisisnorthscotland.co.uk/displayNode.jsp?nodeId=62692&command=displayContent&sourceNode=62244&contentPK=6633644



>> Edited by Zorro on Friday 8th August 08:06