Body & Soul5 mins ago
Speeding - What penalty am I likely to get?
I got caught doing 67mph in a 40mph zone (lucky I saw them when I did as I was speeding up lol) they were on the side of the road with their radar guns
They said I was going too fast for a fixed penalty fine and that I would have to go to court
Does anyone have any idea what this means as in what fine/penalty/ban I am likely to get?
Doubtful but are there any loopholes I can use to get out of this? hmmmm "I was test driving my car" - oops that only works for policemen
They said I was going too fast for a fixed penalty fine and that I would have to go to court
Does anyone have any idea what this means as in what fine/penalty/ban I am likely to get?
Doubtful but are there any loopholes I can use to get out of this? hmmmm "I was test driving my car" - oops that only works for policemen
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The Association of Chief Police Officers� guidelines for issuing a fixed penalty has an upper limit (in a 40mph zone) of 65mph - that is why you have been told you will be summonsed instead of being offered a fixed penalty.
The magistrates� sentencing guidelines for 67mph in a 40mph zone are a fine of one week�s net wages (reduced by up to a third if you plead guilty) and either 6 penalty points or a disqualification of up to 56 days. If you have any �previous� this will influence the bench�s sentencing decisions and may persuade them to depart from the guidelines.
I'll not wring my hands - you can do that for yourself!
The Association of Chief Police Officers� guidelines for issuing a fixed penalty has an upper limit (in a 40mph zone) of 65mph - that is why you have been told you will be summonsed instead of being offered a fixed penalty.
The magistrates� sentencing guidelines for 67mph in a 40mph zone are a fine of one week�s net wages (reduced by up to a third if you plead guilty) and either 6 penalty points or a disqualification of up to 56 days. If you have any �previous� this will influence the bench�s sentencing decisions and may persuade them to depart from the guidelines.
I'll not wring my hands - you can do that for yourself!
Thanks JudgeJ it sounds like I have about 50/50 chance of getting banned - I don't mind a fine just not a ban please!
I spoke to a friend and they suggested I phone the police and ask them what they thought, so I did, and while they could not give any definates they did think it was a distinct possibility I would be banned - They did say I would have more chance if I turned up to the court case and pleaded my case - oops it was a mistake, I need my car for work, it'll never happen again, I throw myself at the mercy of the court blah blah blah
Jake - Not sure they have that good a sense of humour lol
Cascarelli - Why would I be joking? Any speed limits shown are minimum speed limits - aren't they???
I have to admit when they pulled my over (I knew I was done then) but I couldn't wipe the grin off my face and just wanted to burst out laughing - I just managed to stiffle the laugh as I don't think that would have gone down too well lol
I spoke to a friend and they suggested I phone the police and ask them what they thought, so I did, and while they could not give any definates they did think it was a distinct possibility I would be banned - They did say I would have more chance if I turned up to the court case and pleaded my case - oops it was a mistake, I need my car for work, it'll never happen again, I throw myself at the mercy of the court blah blah blah
Jake - Not sure they have that good a sense of humour lol
Cascarelli - Why would I be joking? Any speed limits shown are minimum speed limits - aren't they???
I have to admit when they pulled my over (I knew I was done then) but I couldn't wipe the grin off my face and just wanted to burst out laughing - I just managed to stiffle the laugh as I don't think that would have gone down too well lol
There is a good chance you will be disqualified.
If you fail to answer the summons the case will be heard in your absence. You will not be able to enter a plea (and so qualify for a discount on your fine should you decide to plead guilty). You will not, obviously be given the opportunity to provide the magistrates with any explanation for your excess speed. Nor, more importantly, will you be given the opportunity to explain what effect a driving ban will have upon you. The magistrates will hear just the basic facts (i.e. you were caught doing 67mph in a 40mph zone). They will not ask for, or be told, anything about the state of the road, how heavy the traffic was, or any other factor which may mitigate your offence.
In most areas if the court is considering disqualification they will still convict you in your absence but will adjourn the case for sentencing. They will write to you explaining that you face disqualification and give you one final opportunity to attend. If you do not, then sentencing will go ahead on the new date and you can be disqualified in your absence. (Do not rely upon this second chance. Some benches have a policy of disqualifying in absence without warning).
You can plead guilty by letter (and so qualify for a discounted fine). Your letter will be read to the court but you cannot guarantee that everything you want them to hear will be heard. My advice is to put your best suit on, attend, be humbly remorseful for your sins and hope for the best. Oh, and make sure you take your driving licence (including the paper part) and some method of payment to settle the fine and costs.
If you fail to answer the summons the case will be heard in your absence. You will not be able to enter a plea (and so qualify for a discount on your fine should you decide to plead guilty). You will not, obviously be given the opportunity to provide the magistrates with any explanation for your excess speed. Nor, more importantly, will you be given the opportunity to explain what effect a driving ban will have upon you. The magistrates will hear just the basic facts (i.e. you were caught doing 67mph in a 40mph zone). They will not ask for, or be told, anything about the state of the road, how heavy the traffic was, or any other factor which may mitigate your offence.
In most areas if the court is considering disqualification they will still convict you in your absence but will adjourn the case for sentencing. They will write to you explaining that you face disqualification and give you one final opportunity to attend. If you do not, then sentencing will go ahead on the new date and you can be disqualified in your absence. (Do not rely upon this second chance. Some benches have a policy of disqualifying in absence without warning).
You can plead guilty by letter (and so qualify for a discounted fine). Your letter will be read to the court but you cannot guarantee that everything you want them to hear will be heard. My advice is to put your best suit on, attend, be humbly remorseful for your sins and hope for the best. Oh, and make sure you take your driving licence (including the paper part) and some method of payment to settle the fine and costs.
Thanks again JudgeJ
I will be there for the first court case and as you say put my best suit on to plead guilty and grovel pleading insanity or some equally flimsy excuse. All I can do is hope for the best.
I hadn't heard the one about 2 yrs from passing your test but luckily that wouldn't apply to me as I have been driving long enough now
I will be there for the first court case and as you say put my best suit on to plead guilty and grovel pleading insanity or some equally flimsy excuse. All I can do is hope for the best.
I hadn't heard the one about 2 yrs from passing your test but luckily that wouldn't apply to me as I have been driving long enough now
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