Caught speeding

[PyroUK]

Doh!

Got clocked on the way back from the GM trip to the beach by a mobile speed van, got a notice of intended prosecution through yesterday.

Says my recorded speed was 100 on a 70 dual carriage way.

Got absolutely no defence, i was there and I was speeding, just don't think I was going as fast as 100.

Just thought I would share my dismay and depression on this wonderful sunny morning.

[Paul the 6th]

oh balls, is it fixed penalty notice or looking at a court appearance? Have you got any existing points?

Try to reframe the situation buddy, you're not going to have to endure any physical pain, and it's not going to alter your life forever - it'll just cost you a bit of money for any fines and slightly increased insurance.. It's hard to be positive about this stuff (I remember being real upset when I got 3 points 3 years ago) but after a little while it just becomes some writing on your licence and a countdown til the points come off, and it doesn't really bother you anymore.

Chin up bud.

[PyroUK]

Not sure to be honest, all it says is return the confirmation of driver form.

So sending that off sharpish, I'm hoping that they will be more lenient if I am prompt and fess up.

Thankfully it's a first offence and no other points so I am hoping against all odds they will give the option of a drivers awareness course.

Yeah you are right, it's just going to be real crap if I get a ban, even if its only the max of 28 days its a serious pain.

Like I said I got no defence so just have to take it on the chin however it goes.

Oh well eh!

[Fallout]

Everyone seems to be going on mind numbing driver's awareness courses now, so fingers crossed for one of those mate!

[timwilky]

When I got nicked for 35 in a 30. First conviction in over 30 years of licence ownership. No course offer. Points/fine.

But 100 in a 70, I think that has to go to court.

[Hysteria_UK]

Sorry mate but you're looking a 6 points minimum and possibly a means tested fine of 125-175% of your wage. Worst case is no fine and a ban from 7-56 days. anything over 96 I think it is will get your case put in court. If you are lucky you will be able to plea guilty by post and just get points and fine. If you get called in, they are considering a disqualification. Speed too high to be considered for speed awareness.

Clean licence is a plus for you though. Mine is clean and haven't had any speeding tickets for over 10years.

How do I know this...I am waiting for my court summons. 51 in a 30. They were waiting where the road goes from 40 to 30 and I was overtaking at the time. Wasn't aware of the limit change as missed the only 30mph sign on the road (yeah I went back and checked). There were also no side roads to check for 30 signs.

Just gotta suck it up bud and hope for the best.

PS, mine was in April and I still haven't heard anything from the courts!!

[PyroUK]

Yeah been doing some google research and it is looking more like a court appearance :-(

Think I may need to speak to a lawyer

[Hysteria_UK]

Unless you get free legal aid (don't know if you can for speeding offences) its just another cost on top of your fine. From what I have read, you don't really gain anything from a lawyer. you weren't doing a crazy speed and you have a clean licence. Obviously that's just what I've read. It also says to not make up excuses, be remorseful and apologetic.

I am hoping for a postal plea.

The thing that really annoys me with mine is that I don't speed in 30mph areas but this makes me look like a reckless rider and just tarnishes bike riders in general again.

[PyroUK]

Don't think legal aid applies to non prison sentence offences from what I have read.

I hoping I can find someone that will give some free advice to give a clearer indication of the punishment.

Yeah, I have no excuse so going down the I'm really sorry route!

Out of interest, how do you know you are getting a summons? Do they let you know you aren't getting a FPN?

[Hysteria_UK]

You get legal aid for family issues, divorce, child contact orders etc so not really sure what the rule is regarding legal aid.

You will get a letter soon saying what is happening and that your case has been passed to the police law team for review. You sometimes get a conditional offer, but they say these come quite quickly. I have been waiting for 4 months to hear anything so and educated guess lands me in front of someone how is going to patronise me who at some point has probably done the same thing as me (accidental or not, speeding is speeding).

No one on this planet has not broke the limit.

Most solicitors offer a 1 hour free consultation.

I had a friend who was caught doing 120mph in his car on the A50. He lived near the solicitors used to go in to collect letters and speak to them in person to lower the cost and it still cost him £250. He got 6 points and a £250 fine. This was about 7-8 years ago so his fine wasn't means tested. I don't know if the means testing is something new or just an option.

I will be well and truly ****ed if they even give me 125% of my weekly wage in a fine. We are a single income large family. We don't live off benefits, all we get is child tax credit which everyone is entitled to. I know they will say "you should have thought about that before you were speeding" but as stated before, it isn't going to stop me missing a speed limit change on an unfamiliar road. It was literally on the left hand side of the road coming off an island at the point you do you right hand side life save....still so bitter about it lol

[ChrisCurvyS]

As Hysteria says, it is genuinely difficult to keep track of changing speed limits in an unfamiliar area - particularly when you're trying to find your way and keep your eyes on all the hazards around you.

Plus a lot of 30/40 limits are just silly - fair play if it's a built up area with parked cars/kids/houses but when you get them on out-of-town dual carriageways and industrial areas, it's very easy to find yourself at double the limit or more.

Pyro - if and when you go to court, always worth putting forward as much mitigation as you can about the circumstances you were caught in. Presuming it was clear, dry, good visibility, traffic flowing freely etc mention all that (as traffic cops do when caught) and say whatever else you honestly can to show you're a careful and considerate rider. Plus, as all the crims do, 'emhpasise' your financial outgoings and down-play your income.

[NTECUK]

Heck we are none of us saints.If you do go to court Your look better if you do the speaking anyways.
I got £1000 and a ban for a week (need my licence for the job) for 112mph in a temp 50 mph some years back.I did get to pay it over time.

[Hysteria_UK]

how long did they let you pay it over?

[NTECUK]

6 months, no dependents back then .(80's) was Magistrates court,brentwood.
Make sure you have a wage slip and Bills incase you get chance to negotiate it there and then.
I had to go back and do it .
Your only a bit over so your not as bad.

Just a note I was banned ther and then .so had to get mum and dad to colect the car and that was worse thamn the fine
Be prepared for that

[Hysteria_UK]

Did you have to ask to pay it over time or did they give you the option?

[Ch00]

If your going to plead guilty then you dont need a lawyer. YOU can speak up for your case and offer reasons as to why you should keep your licence or just have a short ban. You can also ask to pay a large fine over a period of time.

A lawyer will just add to your total bill.

[NTECUK]

We discused it after pleading guilty,in mittigation (ie was 7am sunday morning dry etc) as such.You do(or used too) get the chance to do that.
Ok its quite scarry .But hold your head up,speak clearly ,relay the facts and don't be jack the lad .
I knew roughly how fast I was going and when saked by the guy said sounds reasonable.
As it was VASCAR the officer was I court So had verification of the cercumstances.

[Littlepeahead]

Just read this - not sure if it applies to you at all?

In August 2006, the Department for Transport issued new guidance relating to speed limits. It states that:[1]
Section 82(1)(a) (of the Road Traffic Regulation Act 1984 (RTRA 1984)) defines a restricted road in England and Wales as a road which is provided with “a system of street lighting furnished by means of lamps placed not more than 200 yards apart”. Section 81 specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30 mph on a restricted road.
"Street lighting" is further defined as follows:
As set out in paragraph 45, it is generally recognised that a ‘system’ of street lighting could be three or more lamps spaced not more than 183 metres apart. However, street lighting (for the purposes of determining whether or not a road is a restricted) is not necessarily limited to street lamps, but may extend to lighting provided by authorities or parish councils.
To avoid confusion that could arise if some 30 mph zones were 'street-lit' and some were not, DfT guidance goes onto say:
Direction 11 of The Traffic Signs Regulations and General Directions 2002 (TSRGD 2002) defines the requirements for the placing of speed-limit repeater signs. This states that speed-limit repeater signs cannot be placed along a road on which there is carriageway lighting not more than 183 metres apart and which is subject to a 30 mph speed limit. The Department will not make exceptions to this rule.
This leads to the conclusion that:
This means it should be assumed that, unless an order has been made and the road is signed to the contrary, a 30 mph speed limit applies where there are three or more lamps throwing light on the carriageway and placed not more than 183 metres apart.

[yorkie_chris]

Bad luck mate, hope you don't get too pwned for it

[Jason H]

Sorry to hear that mate. Don't bother with the solicitors.

Legal Aid is only available in certain circumstances; speeding is not one of these unless there is the potential for you to get hard time.

Return your part of the NiP and wait. If you are going to get fixed penalty (unlikely given the circumstances) they have to provide this within 14 days. The police have however got up to 6 months to provide evidence to the court so could be more than that before you hear anything further (this is what happened to me).

If it does go down the court route, you can plead guilty by post and tick the box stating you will not be attending (unless the notice clearly states that you must attend in this circumstance or you recieve a follow up letter requesting your attendance). By pleading guilty by post there is also a section for mitigating circumstances where you can list anything that reduces the seriousness of the offence.

J

[NTECUK]

No wishing to play devils advocate but .
If I was the magistrate and found you could nt be ased to turn up . id just tick the boxes back .
That's unlikely to be in your interests ...

[PyroUK]

Thanks for all the info and tips guys, gonna have to face the music but hoping that if it is a summons, I will pitch up and beg forgiveness and hope for leniency.

Unless they give me an offer in the post I will attend in person, think it shows effort and acknowledgment of my actions and hopefully they will think better of me!

[Grant66]

+1

Appearance in person looking suitably apologetic will have a more positive impact.

@littlepea
The bit you didn't add is there must be clear signage on both sides of the road to indicate a change of limit. The size, shape and placement of the signs is described in the RTA. Incorrect signage makes the speed limit unenforceable.