98mph in a 70 limit

[flip_flop]

Mrs flop was caught by camera doing the above speed and has been advised the crime is too serious to be dealt with by way of a fixed penalty.

Would I be right in thinking she is facing at least 6 points?

I have been told the fine is based on earnings - as she is a housewife she has no earnings. Given this, will the fine therefore be based on my earnings?

If yes, how can this be sound law? This would be a punishing an innocent (I wasn't even in the car).

[daffy654]

According to this site:http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm

She can expect to recieve 6 points and a fine of up to £200.00,plus costs of £30.00.
The site may well be a little outdated though as it says theseguidelines are from 1999

[R1Geezer]

when you say "been advised", do you mean she's already had the NIP etc and been told officially it's a court appearance? Or is is just someone's view?

[R1Geezer]

Use your loaf flip-flop if the fine is based on earnings it'll be based on 0 so she'll get he minimum guided fine for the offence.

[flip_flop]

She's had the NIP, and then subsequently received a letter advising it was too serious to be dealt with by a fixed penalty.

She's utterly banged to rights, no excuse, we even saw a picture on the internet (Wilsthire camera partnership (or whatever they are called) provided an internet link with the NIP).

Given there is no defence, is it really likely to result in a court appearance for her?

[R1Geezer]

There will be a court case, she does not have to go but it's better if she does. The beak will be harsher if she does not show up and show some contrition. This isn't that bad really it's not a 6 pointer, I got 6 points for 122 in a 60, so this is probably a 4 pointer + £150, tell her to go and eat a slice of humble when she get's the chance, don't make up bullsh1t excuses though, they've heard it all before.

[jake-the-peg]

The idea of fines is that they are punishments to attempt to make people ammend their ways.

The point is to in some way impact their lifestyle so that they suffer some sort of loss in return for their crime and that loss should be proportionate to the severity of the offense

Obviously a fine of £100 is more of a punishment to someone on minimum wage than it is to a company diirector on £200,00 a year.

Therefore fines need to take into account the income of the person so that they are suitably affected by them.

So how do you assess the income of a "kept" woman?

What is the suitable level of a fine to affect the lifestyle of the (non-working) wife of a rich man.

Sounds perfectly fair to me to assess it on her husbands incone and expect him to recoup it though what he gives her.

Sounds to me that you're complaining because you're too soft to take it out of her "dress allowance" or whatever you have going on

[ABerrant]

122 in a 60.

What mitigation did you offer to escape an instant ban or a charge of dangerous driving?

[R1Geezer]

Well Dan I see we've ebbed back into total tw&t mode! You claim to be an ex copper, bollux. If you where you'd now the case would be heard in her absence, she would have pleaded guilty by post.

[R1Geezer]

well why all the na na nana stuff about shopping etc. She will know well in advance if she must attend. I agree could get a harsher punishement but I said that above. This is a fairly minor offence in the scheme of things but I stioll recommend going. I won't call you the Tword if you don't act like one, deal?

[R1Geezer]

abberant, no mitigation necessary the officer himself did not prosecute for danegerours/due care or anything of the sort. You can only face the charges before you.

[flip_flop]

It is an absolute certainty that if summonsed she will attend - I fully understand it is a summons not an invitation - I'm just a little surprised at the waste of the magistrate's time if she is summonsed given the fact she doesn't have a defence and will be pleading guilty whether by post or in person!

[flip_flop]

Summonsed or summoned?

[R1Geezer]

what I'm saying flip flip is that it is unlikely she will summoned but she will be notified of the date etc. She should go even if not summoned.

[ABerrant]

The question of mitigation was more for no instant ban. General guidelines are for such is where speeding is in excess of 45% of the posted limit: for a 60mph zone this would be 87mph. And of course 122 mph is 103% over. Seems like a no-brainer to me.

[R1Geezer]

to be fair it was over 10 years ago, perhaps they are a bit more strict thse days.

Dan, we can have a sensible debate as long as you can resist the urge to veer off in to some sort pi55 taking fantasy land. Like you have here and on other threads, making assumptions and making leaps of illogic. You have also demostrated that you do have some sort of contractive ability.

[R1Geezer]

in 1997 i had a fixed pen for 52 in a 30 for example. I think a lot of these "percentage over "guidlines" are urbam mythery.