Food & Drink0 min ago
Speeding Case UK....help/advice needed
Having gone for a night out I'd had a couple of drinks, so to be safe, and sensible my friend drove my car home, they had said that they had full insurance so they were covered to drive my car. However when driving home they were speeding and went through 30mph zone, at what I think could have been as high as 60 and got double flashed by a camera... it now turns out that they were not insured to drive my car either!now I am wondering what is likely to happen? as my friend would be in alot of trouble for driving without insurance i would take the points and a fine, however i will not take a lengthy ban... can anybody advise me on what is likely to happen?
Answers
ah I see, well it probably won't be a fixed penalty then. They may well investigate all the docs. If you say you where driving then you'll just get done for speeding, probably a ban for 56 days and a couple of hundred quid. if you tell them your friend was driving, he'll get prosecuted for speeding, no insurance etc etc and you'll get done for allowing an uninsured...
16:56 Thu 29th Apr 2010
IGNORE MY LAST POST^^^^^
thanks again for everyones help and advice
@new judge.. is 56 days the maximum ban that we could get for driving at that speed then? as i am 21 but have been driving for over 2 years.
also i am a student, so what would that mean for fines etc as income is extremely low.
as you seem knowledgable on the subject, what would also happen to both myself and my friend if we admit that they were driving.
thankyou very much, i really appreciate your help
thanks again for everyones help and advice
@new judge.. is 56 days the maximum ban that we could get for driving at that speed then? as i am 21 but have been driving for over 2 years.
also i am a student, so what would that mean for fines etc as income is extremely low.
as you seem knowledgable on the subject, what would also happen to both myself and my friend if we admit that they were driving.
thankyou very much, i really appreciate your help
thanks for everyones help.
I have just recieved the notice of intended prosecution today, it says:
"alleged offence of (Speed 52) EXCEED 30 MPH on a RESTRICTED ROAD (CAMERA)
at 03:28:57 on 28/04/2010
at (place) ......... LEICESTER
contrary to section S 81(1) & 89 (1) RTRA 84 & Sch 2 RTOA 88"
just wondering if anyone has any idea what will happen now? weather it is likely to be a fine and points? or possibly a ban aswell? does this automatically mean i will get a court summon?
any further advice would be greatly appreciated.
thank you
I have just recieved the notice of intended prosecution today, it says:
"alleged offence of (Speed 52) EXCEED 30 MPH on a RESTRICTED ROAD (CAMERA)
at 03:28:57 on 28/04/2010
at (place) ......... LEICESTER
contrary to section S 81(1) & 89 (1) RTRA 84 & Sch 2 RTOA 88"
just wondering if anyone has any idea what will happen now? weather it is likely to be a fine and points? or possibly a ban aswell? does this automatically mean i will get a court summon?
any further advice would be greatly appreciated.
thank you
To answer your earlier questions:
For any offence which carries penalty points magistrates can impose a ban instead of points (though not both). There is no limit to the length of ban they can impose but they must pay heed to their guidelines and 56 days in the guideline ban for 52mph in a 30 limit.
When assessing fines based on income a minimum of £100 per week is assumed for those on low incomes (even if there actual income is less than this).
For any offence which carries penalty points magistrates can impose a ban instead of points (though not both). There is no limit to the length of ban they can impose but they must pay heed to their guidelines and 56 days in the guideline ban for 52mph in a 30 limit.
When assessing fines based on income a minimum of £100 per week is assumed for those on low incomes (even if there actual income is less than this).
And moving on to the latest developments:
A summons is usually issued for speeds in excess of 50mph in a 30 limit. The paperwork you have should include a request to provide the authorities with the details of the person who was driving at the time of the alleged offence. If a fixed penalty offer is to be made you should also have a conditional offer of that fixed penalty. If not it is likely a summons will be issued to the driver when you nominate him or her. Magistrates’ guidelines for 52 in a 30 limit are the same as for 60mph so the likely penalty I mentioned in my earlier answer remains the same.
What happens next is that you must respond to the request for driver’s details. If you do not you will be charged under Section 172 of the Road traffic Act (failing to provide driver’s details) and the speeding matter will be dropped. The usual penalty for a S172 offence is one and a half week’s net income (reduced by a third for a guilty plea) and six penalty points.
If you nominate your friend it is unlikely (though not out of the question) that enquiries will be made concerning the insurance situation. If enquires are made, as has been said, both of you could be charged with insurance offences and the likely penalty is a fine and six points for each of you. Your friend (who will then face two charges – no insurance and speeding) will however only receive one lot of points (when two or more motoring offences are charged resulting from the same incident points are only awarded for the most serious).
A summons is usually issued for speeds in excess of 50mph in a 30 limit. The paperwork you have should include a request to provide the authorities with the details of the person who was driving at the time of the alleged offence. If a fixed penalty offer is to be made you should also have a conditional offer of that fixed penalty. If not it is likely a summons will be issued to the driver when you nominate him or her. Magistrates’ guidelines for 52 in a 30 limit are the same as for 60mph so the likely penalty I mentioned in my earlier answer remains the same.
What happens next is that you must respond to the request for driver’s details. If you do not you will be charged under Section 172 of the Road traffic Act (failing to provide driver’s details) and the speeding matter will be dropped. The usual penalty for a S172 offence is one and a half week’s net income (reduced by a third for a guilty plea) and six penalty points.
If you nominate your friend it is unlikely (though not out of the question) that enquiries will be made concerning the insurance situation. If enquires are made, as has been said, both of you could be charged with insurance offences and the likely penalty is a fine and six points for each of you. Your friend (who will then face two charges – no insurance and speeding) will however only receive one lot of points (when two or more motoring offences are charged resulting from the same incident points are only awarded for the most serious).
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