Ban?

[sarah-london]

I recently rec'd a letter telling me that I had been clocked driving at 98mph in a 70mph zone. I've a clean license and always have done. Now they've summoned me to attend court....should I expect a ban?? Am worried!

[grasscarp]

Ban is usually over 100 mph, so unlikely for you. I avoided a ban when I was caught doing 103 mph. I got penalty points and a fine. You have to think carefully about what you are going to say as to why you were going so fast, and to claim why you really need a car. Good luck.

[sarah-london]

Hmmmm......no reason as to speed so just plan on apologising profusely! Fines gonna be hefty though isn't it??

[grasscarp]

Mine was 340 pounds some years ago, so yes, probably a lot.

[sarah-london]

Mind you much rather have the fine than the ban!! I'm dreading getting a ban!!

[grasscarp]

I dont think you will be banned. first offence, below 100 etc.and apologetic helps.

[woofgang]

ban or not, mitigating circumstances around a speeding offence are why you offended (rushing old grandmother to hospital eg) NOT around why you need the car. Points and a fine are what is likely for a first offence

[grasscarp]

Woofgang, I beg to differ. In the court it came to the point of whether or not they were going to ban me, and they asked me outright why I should not get a ban. I said I needed it for my work as I had to travel to various parts of the country. They let me keep my licence based on that answer and not on why I had been speeding in the first place.

[woofgang]

Then you were lucky

"What if I can show I will lose my job as a result of a driving ban?
The Court will take this into account but loss of employment alone is not normally sufficient to justify the Court exercising discretion. The Defendant has to show more than the potential loss of job or employment and as most courts will point out, the Defendant would have undoubtedly been aware of the effect that a ban would have on employment before the offence was committed."
http://www.drivingban...n/avoiddrivingban.htm

[Buenchico]

The calculator here may help you:
http://www.pepipoo.co...trates_guidelines.htm

Chris

[New Judge]

Magistrates’ sentencing guidelines suggest a fine of a week’s net income (reduced by a third for a guilty plea), plus either 4 to 6 points or a ban of up to 28 days. You will also have to pay around £80 in costs and a £15 Victim Surcharge.

I must say it is unusual for an immediate ban to be imposed below 100mph unless there are other aggravating features.

As far as the reasons for avoiding a ban go, strictly speaking woolfgang is correct in that it is the circumstances of the offence itself which mitigate the matter, not the effect the ban will have on the offender. Magistrates only consider such “exceptional hardship” when a ban under the “totting up” procedure is due. However, magistrates will take into account the effect that a ban will have whenever considering disqualification and it may tip the balance if they are on the cusp of imposing a ban.

[sarah-london]

Ahhhh you guys are all fab & I thank you all for taking the time to reply to my question. Am still bricking it in terms of court hearing though I guess I gotta learn my lesson some way!

Thank-you for the calculator thingy, will just have to wait for hearing to see about the ban. Fingers well & truly crossed!!

[kinell]

check the evidence supplied with the summons for accuracy

if it was a fixed camera you can work out your speed

i hope that if it was a mobile camera you didnt admit speeding!

they do make plenty of errors