View Full Version : Current speeding punishments....
MisterTommyH
16-07-14, 10:16 PM
A friend of mine (and it really is a friend) was pulled over today for doing 95mph (what they got him at, not indicated) in a car, on a motorway - and was charged (not sure if that meant a trip to the nick or not).
Can anyone give some guidance on the current guidance on what might happen next / what they might give him?
Currently clean license, but has had SP30s in the past.
I was under the impression that the limit 'magic number' was 100, but can't categorically state that. Also is the defence of 'this might cost me my job, which would be a dis-proportionate punishment' valid?
And once again.... no it's not me. I haven't been pulled since I used to deliver Pizzas at 'slightly' above the speed limit when I was a teenager.
Thanks for your help.
Specialone
16-07-14, 10:23 PM
I thought the cut off point for not going to court was 93?
EssexDave
16-07-14, 10:31 PM
Maximum penalty for speeding on a Motorway is £2,500.
He can expect anywhere between 3-6 points, it could be also to receive an instant ban as well as the points, which will probably be up to a month, although can be more.
As he has a clean license he might get away with it, although I'd be thinking of what to say if it gets to court, and be very apologetic to the person hearing the case!
Now, my understanding was, that the 'magic number' for a prosecution was 96mph. So he may have just got away with that, and it may end up being 3 points and a £60 fine, although if that was the case I don't understand why a fixed penalty wasn't issued.
It may be worth speaking to a specialist in the area and getting their opinion before doing anything else!
MisterTommyH
16-07-14, 10:31 PM
I'm guessing if he's been charged straight off then it's definitely a trip to the magistrates, but was more thinking of losing the license....
Pretty sure that he'd take his medicine as far as fine or full house of points.... but the license could be a life changer. Haven't heard of anything custodial for that recently... and knowing where it was it's very quiet and the average speed of all traffic is up near 90 so wouldn't think they'd be chucking in a 'dangerous' charge.... But I've not got anymore details.
DJFridge
16-07-14, 10:32 PM
I may be corrected, but I don't think there is a cutoff speed regarding going to court. 95 on a clear road is going to get you in less trouble than dangerous driving (weaving in and out of heavy traffic for example) at only 80.
EssexDave
16-07-14, 10:35 PM
What DJ said, the guidance (and that's all it is) is 96mph for a prosecution, but that's not to say they won't prosecute at lower, e.g. 90mph in the wet through a hazardous stretch of road or on bends.
I'd be thinking about:
1. Time of day
2. How busy the road was
3. Why he was speeding (and making up excuses may not be the best option!)
I'm pretty sure you can be banned if you go to court at ANY speed, e.g. 35mph in a 30, you can be banned for. The bans can run from 7 days up to 120 days, although are generally rare unless there is a good reason for it. This is the sort of thing that can be argued.
Big bans are generally reserved for more dangerous behaviour.
Red Herring
17-07-14, 08:23 AM
A lot of forces have now taken the decision regarding disposal (how the defendant is dealt with) away from the officers on the street and now require them to complete a TOR (Traffic Offence Report) in all cases. This report is then sent to the process department (Ticket office) who will then decide on the best way forward based on the facts, current policy, which courses are on special offer this week and the state of their budget (you can see I'm a fan).
Their are guidelines issues by ACPO (Association of Chief Police Officers) and the relevant one here is that over 96 should result in a summons to court, below that and they have the option to offer a conditional fixed penalty.
In short, unless there are some serious aggravating factors, your mate should get an offer of a ticket through the post.
Just a point, you can get points and fine or ban and fine not points and ban.
If he gets a summons tell him to get to court nice and early so he can be seen earlier (potentially less ****y magistrates) and wear a suit. It's a first come first served job and you don't really want to be waiting around all day.
Red Herring
17-07-14, 12:03 PM
...
If he gets a summons tell him to get to court nice and early so he can be seen earlier (potentially less ****y magistrates) and wear a suit. It's a first come first served job and you don't really want to be waiting around all day.
Now that sounds like a man with plenty of experience....;)
Yup! Well not plenty, but enough! ;-)
30th December last year. Was ****ting myself haha
100mph on a dual carriage way, thought for sure I was gonna lose the licence
I find lay magistrates to be very reasonable people. All the times I have been to court they seem so reasonable to point they look soft and believe everything the defendant tells them.
Stipendiary judge you have a different ball game. As a defendant I don't think you want one sitting on their case.
Amadeus
18-07-14, 12:57 PM
I got done at avg of 96 on a motorway (for 6 miles). Cop said that I wasn't driving badly but it was too fast to let me off with a warning so gave me 3 points and £60 (I think) fine. So my experience (which obviously counts for less than the forum coppers knowledge) is that he won't necessarily lose his licence.
Oh also FPN's have all increased now :( £60 up to £100 in this case
shiftin_gear98
18-07-14, 08:19 PM
As were all sharing.
A few moons ago, I got pulled going down the M3 at 11.30pm. Not alot else on the road.
I was clocked at an average 99 miles an hour. Which just went to show my speedo was out. It had been reading 110!
I got 4 points and a £200.00 fine. I was between jobs at the time, so got a lower fine.
We are talking about 10 years ago.
Family man now, have a renault scenic, couldn't go that fast even if I wanted it to.
Good luck to your friend.
Mrs DJ Fridge
18-07-14, 11:14 PM
I'm not telling what speed I did years ago (in a sports car) but it was really good fun on the M4 before the days of speed cameras. I would not be so reckless now as I have DJ and the kids at home, but when you go really fast it is just like playing a computer game and somehow becomes a strange sort of out of body experience, and no I was not under any drink or drug influence, that is a totally different out of body, and no I don't smoke anything anymore either.
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