Hi All,

I hope I can get some help on a situation, unfortunately I was caught speeding on the motorway the letter I received from Essex police is to identify the driver "application for the identity of the driver"

i was clocked at 108mph on a 70mph - no previous, no points clean drivers license - what should i do?, fill the document in and sent over? i mean it was me driving, also it was at 5.14 am in the morning.

what could i be looking at as its the first time/offence?

cheers Red11

sadly its well over 100MPH.

it'll be a ban.

if you look in recent speeding threads here

you'll see the legislation already

yes fill that doc out

delaying/not doing it hurts you more than admitting the offence

dx

hi dx100uk,

so how does it work, i fill in the form, they will give me a date to go to court and?

fine and banned?

how long will be the ban?

even if its first offence?

read the link explains all

thank you, i'm not clear on a couple of points, does the fact that it was first offence count for anything? again if they do apply the ban, how long will it be for?

also does admission of guilt help the cause at all?

Admission of guilt will help, but magistrates hands will be tied, unless you have an exceptional reason that you were speeding. You dont. Admit it and hope you get a very leniant judge. Some judges give 30-60 day bans, if y ou are guilty and very remorseful. Others go by the book and could give more PLUS fines. Also hope they dont order you to take a retest.

Dx's link is what you need to read and what you should expect the punishment to be.

1st offence might help

but ofcourse its simply 1st time they've caught you.

over 100MPH is considered serious enough for a very probable ban.

as the chart says if you read it

.......

Disqualify 7-56 days OR 6 points

always better to attend court too and take your driving licence with you

you will have to surrender it

you will not be allowed to drive home

unless the judge specifically tells you the ban doesn't start until time/date

As above. When did you pass the Driving Test?

10 plus years ago

Return the request for driver's details, naming yourself.

You will receive either a court date or a "Single Justice Procedure Notice" (SJPN).

They have six months to do this and will probably take most of that time.

If you receive a SJPN (the most likely) it will give you three options:

Plead Guilty and have the matter dealt with by the Single Justice Procedure;

Plead Not Guilty (in which case your matter will be transferred to the normal Magistrates' Court), or

Plead Guilty and opt for a full court hearing.

Your best option is the first.

You cannot attend a SJ hearing (it is held in an office with a single magistrate assisted by a Legal Advisor and all matters are heard "on paper").

You have no realistic mitigation so will simply be sentenced in accordance with the guidelines.

As above the guideline fine is 1.5 times your weekly income (reduced by a third if you plead guilty) and either a ban of up to 56 days or 6 points.

Most courts seem to be imposing six points for such a speed these days but it is a matter for the court.

If the SJ is considering disqualification the matter will be transferred to the normal court and you will be asked to attend.

You cannot be disqualified in your absence without first being given the opportunity to attend court.

As well as the fine you will pay £85 costs and a surcharge of 10% of the fine (Min £30, Max £170).

thanks Man in the Middle,

just a clarification i'm self employed under my limited company,

my income has been up and down,

I guess what i'm saying is how do they define the weekly income?

at the moment I've been working 2 days a week.

i'm trying to sign up new clients but its been a challenge.

Also depending on the fine,

how much time are we given to pay the fine,

if its something silly like £1,000 which I don't have at this moment, would they take instalments?

on the insurance front,

i have spoken to a few brokers and with my long standing no claims bonuses 10+ years, with 6 points I might be looking at an extra £60/70 on top of my current premium which is £300 fully comp, the 6 points is not an earthquake per say.

I'm more concerned with the size of the fine.

and if i'll be given time to pay it.

I guess what i'm saying is how do they define the weekly income?

They don't. You do.

You will have to estimate your weekly earnings when you complete a form detailing your means.

Although fines are officially payable in full immediately the court will accept any reasonable offer you make to them to pay the sum off weekly or monthly.

Don't take the Mickey by offering 10p per week.

Just make a sensible offer that you can afford that will see the sum cleared in a few months.

if its something silly like £1,000 which I don't have at this moment, would they take instalments?

Is it the fine that is silly?

Or getting caught doing 108 mph?

Don't take the Mickey by offering 10p per week. Just make a sensible offer that you can afford that will see the sum cleared in a few months.

I agree.

Also don't be tempted to hint that any fine is "silly"

thank you BazzaS - I was not aware you also dispense sarcasm - to your remark I would say, in 20 years of clean driving, everyone falls fouls. like it or not.

further, I think ii have enough guile and know how to distinguish the setting as to where to use an expression like "silly" what often is used in colloquial form is not necessarily what is going to be put forward in a more official setting.

nor I mentioned that I would be referring to the fine as silly in an official context.

Is it the fine that is silly?

Or getting caught doing 108 mph?

 

 

 

I agree.

 

Also don't be tempted to hint that any fine is "silly"

thank you BazzaS - I was not aware you also dispense sarcasm - to your remark I would say, in 20 years of clean driving, everyone falls fouls. like it or not.

Yes, they can do (fall foul).

Yet, at the same time, they can also (when they fall foul), 'man up' and accept the consequences, be that a ban, and / or a 'silly' fine.

If they want to whinge about a fine : then they should be more careful to avoid speeding. Otherwise, take the risk, and then don't whinge when you get caught.

20 years of clean driving?.

Is that 20 years of not getting caught? or 20 years of clean driving and "it was an abberation, and I'll take my punishment knowing that I dropped from my previous standards".

You can't have it both ways ......

I disagree with your view, the forum exists dispense some good advise, with life circumstances in your case your view are pointless you are not a subject matter expert, nor you have any views that offer any value, for that reason rather that quoting people that have given a concise constructive view, why don't you start your own thread and give yourself a bit of advise.

please don't post on mine, you add no value with the exception of wanting to post inflammatory views.

Merci!

Yes, they can do (fall foul).

Yet, at the same time, they can also (when they fall foul), 'man up' and accept the consequences, be that a ban, and / or a 'silly' fine.

 

If they want to whinge about a fine : then they should be more careful to avoid speeding. Otherwise, take the risk, and then don't whinge when you get caught.

 

20 years of clean driving?.

Is that 20 years of not getting caught? or 20 years of clean driving and "it was an abberation, and I'll take my punishment knowing that I dropped from my previous standards".

You can't have it both ways ......

I don't know whether this site has a moderator but if so this "spat" helps nobody. All it's done is made me come back to view the latest posts and see if I can help further only to find I've wasted my time.

my sincere apologies to you Man in The Middle, let me say that i'm very grateful for you time and information given - I have sent a note to the moderator to address the matter.

once again thank you for taking the time to assist

Red

I don't know whether this site has a moderator but if so this "spat" helps nobody. All it's done is made me come back to view the latest posts and see if I can help further only to find I've wasted my time.

I disagree with your view, the forum exists dispense some good advise, with life circumstances in your case your view are pointless you are not a subject matter expert, nor you have any views that offer any value

Ahh, well, I'm expert enough to know to find the Magistrates Court Sentencing Guidelines .........

Even an 'expert' can't reliably predict if the bench / DJ on the day will decide if it is "just" Band C (101 mph and over), or if 108 (as 54.3% on top of the limit) is "grossly in excess of the speed limit".

The difference? 6 points OR 7-56 days disqual, against "more than 56 days disqualification". So, with one you MAY escape a ban (or get a ban that doesn't involve re-applying for your licence), and with the other you get a ban (AND have to re-apply for your licence once the ban has ended, too).

my sincere apologies to you Man in The Middle

Accepted. You're forgiven! For what it's worth I appreciate that you didn't start it!

BazzaS well done you can use Google! - please refrain from Posting on my thread - as I asked before. your value add is "0" there are really good Cagers that spent a lot of time in helping and giving helpful views.

Thank you

Feel free to put me on "ignore", or report my post (s) to the site team if you feel I have breached site guidelines.

Other than that, you don't get to dictate who posts on threads (yours or otherwise.......)

Even an 'expert' can't reliably predict if the bench / DJ on the day will decide if it is "just" Band C (101 mph and over), or if 108 (as 54.3% on top of the limit) is "grossly in excess of the speed limit".

Quite true. But since the guideline penalty of 6 points or a ban of up to 56 days covers speeds up to 110mph it is a fairly good bet that the maximum of 56 days will not be exceeded for 108mph. Incidentally, a ban of 56 days requires a licence re-application. Only bans of 55 days or less see the driver's licence temporarily invalid (whilst he does retain it) for the duration of the ban.