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Intention to prosecure letter by essex police for speeding


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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.

 

It used to be that 101-110 (for a 70 mph limit) could reliably be felt to lead to the"6 points or 7-56 days", absent some other exacerbating factor.

The changes to the MCSG's earlier this year removed the 'to 110' part, replacing it with "or more", offering greater judicial discretion (or more offender uncertainty, depending on your viewpoint!)

 

Some benches might feel "we'll stick with the old 110 benchmark, we've been given more discretion but that doesn't mean we have to move our position", while others might feel "the change was brought in for recognition of the need for more severe sentencing for those well over 100 mph, and removing the 110 was to allow us that discretion for speeds close to but not reaching 110" ; there has been no definitive ruling on what is "gross excess"

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  • 1 month later...

just a quick update,

 

received all the documents from Essex police, via post, opted to do everything online, as they give you the changes to electronically fill in all the details, which I did. the process offered was SJPN, which I pleaded guilty, added all the details, gave a remorseful plea.

 

now we wait as to what happens next.

 

will advise as and when this gets resolved,

 

I should imagine that having done so via the secure web form would speed up the process,

instead of sending the paperwork via post which will surely add time to this.

 

cheers red

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  • 3 months later...

just a quick update and resolution, done and dusted 700 pounds fine and 6 points..

the whole process was really short.

 

must be said, the courts are a shambles!

 

I gave my license in as I registered at court to the usher then came out paid the fine on the spot..

said can I have my license back pls.

. she said.. didn't you get banned..

 

I said No, I got 6 points and just paid the fine.

 

. she just trotted off, and she disappeared for about 30 min,

she said are you sure that I didn't give it to you?

 

I said no! search as you might, nothing..

they lost my license!

 

now just had to get the form from the post office and send it off for a replacement.

 

I am in two minds to ask the usher or court to pay for my costs and postages!

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