speeding at 120mph

[crash4410]

HI there.

I have 5 years driving licence in germany. But when I come to UK I decided to make proper UK licence, I pass the test at first, no problem.

SO I have a clear UK driving license for a year

 

I've been catched by police office speeding 120mph on M1.

 

I'm about to go to court. Any advise what I can do ?

 

I know that i will loose a license, but because I live in quite "outpost" location, it will be very difficult for me to get to work.

Basically I need to drive.

 

Is there anything I can do to keep driving licence?

can I negotiate with them ?

Like, instead of getting bar for a year.

they give me ban for 3 months but higher financial fine ?

 

condition on a road was perfect:

8am, sunny sunday morning, dry surface. OTHER CARS ONLY ON LEFT LANE. as M1 was basically EMPTY.

Middle & fast lanes were empty .

 

I know that if there were be more cars on road, I wouldn't be driving that fast. but because It was empty I feel relaxed .

 

 

please advise what I can use to defend myself?

and what fine can I expect to recieved.

 

cheers

david

[patdavies]

For 120 mph, you will be disqualified, end of. Additionaly a fine of 150% of weekly income.

 

Your hardship in getting to work is not and will not be the Court's problem. Their attitude will be that you should have thought of that before doing 120 mph.

 

They may require you to take a new test.

 

Have you had your summons yet, are you being prsecuted only for speeding or for dangerous driving?

 

condition on a road was perfect:

8am, sunny sunday morning, dry surface. OTHER CARS ONLY ON LEFT LANE. as M1 was basically EMPTY.

Middle & fast lanes were empty .

 

1) the road was not empty if there were vehicles in lane 1.

 

No such thing as middle and fast lanes; they are lanes 2 and 3. They are overtaking lanes only.

 

2) how were you caught? I would worry about your observation skills.

[crash4410]

re:

1. I do have a summon with a date on it, and i think it's for speeding only.

"120mph on a distance of 1mile"

2. it was unmarked police car following me.

3. disqualified? does it mean a ban for a time- period ?

[Rob S]

Yes, disqualified means to be banned from driving for a period of time.

[patdavies]

Even if the Court is very lenient and doesn't impose a ban, they will give you 6 points.

 

Under the New Drivers Act, as you have held a UK licence for less than 2 years, your licence will be revoked by DVLA and you will have to apply for a new provisional licence and take both tests again.

 

Are you a UK national? If not, you could have driven indefinitely on your German licence.

[crem]

 

Are you a UK national? If not, you could have driven indefinitely on your German licence.

 

Doesn't the 1 year only driving on foreign license apply to EU licenses then pat?

[crash4410]

I'm german.

I have both german & british valid driving licence at the moment.

and it's UK registered car.

[katedog]

Doesn't the 1 year only driving on foreign license apply to EU licenses then pat?

 

 

The holder of a full EU licence can drive anywhere in the EU for ever.

 

That wouldnt stop our friend being baned and neither would it stop him getting points. The DVLA would simply create a driver record in the UK.

 

Your best option is to employ a solicitor to speak on your behalf. (My client is more familiar with German motorways which have no maximum speed limits your Worship, and nowhere in the officers evidence does it say my client was driving without due care)

 

You are likely to get a short ban 1 to 3 months and a substantial fine, this is your best option.

 

The other option would be to give you six points then you would be under the newly qualified driver rules (cant get 6 points or mre in 2 years) and you would have to takke an extended test and still have 6 points (valid for three years) toward your maximum of 12 which would result in a compulsory 12 month ban.

 

I'd take the short ban everyday of the week.

[cal37]

I believe you can exchange a full EU licence for a full Uk licence for a fee. There is no need to take a test

[HSBCrusher]

gawd! 120 MPH? You really do deserve everything you get, I hope they keep you off our roads for as long as possible.

 

not in out country bud. I'm sorry, that's just a plain stupid speed.

 

what a apt username!

[patdavies]

The holder of a full EU licence can drive anywhere in the EU for ever. True (well until age 70)

 

That wouldnt stop our friend being baned and neither would it stop him getting points. The DVLA would simply create a driver record in the UK. True

 

Your best option is to employ a solicitor to speak on your behalf. (My client is more familiar with German motorways which have no maximum speed limits your Worship, and nowhere in the officers evidence does it say my client was driving without due care) Good advice

 

You are likely to get a short ban 1 to 3 months and a substantial fine, this is your best option.True

 

The other option would be to give you six points then you would be under the newly qualified driver rules (cant get 6 points or mre in 2 years) and you would have to takke an extended test and still have 6 points (valid for three years) toward your maximum of 12 which would result in a compulsory 12 month ban. Irrelevant as the OP doesn't need a UK licence of any sort. Any ban would be effective only for UK and any points would only be held on a 'ghost' licence. He can ignore any revocation of his UK licence and continue to drive on his German licence (unless disqualified).

 

And anyway, for a revoked driver under the New Drivers Act, it is a normal theory & practical test - not an extended test.

 

I'd take the short ban everyday of the week.

...

Edited June 30, 2009 by patdavies

[patdavies]

gawd! 120 MPH? You really do deserve everything you get, I hope they keep you off our roads for as long as possible.

 

not in out country bud. I'm sorry, that's just a plain stupid speed.

 

what a apt username!

 

The user came here asking for information and practical advice - not some sort of self-righteous moral lecture.

 

Speed alone is not dangerous - that depends on a lot more factors.

[pompeyfaith]

Speed alone is not dangerous

 

Thats news to me, and 120 mph is down right dangerous end off

[HSBCrusher]

some sort of self-righteous moral lecture

 

I beg your pardon pat.

 

speed is one thing... this is just crazy stuff.

 

8 am in the morning? cars on the road?

this user deserves a ban, and a long one.

[Helford]

Hi Crash,

 

It's also worth getting your Employer to send a detailed letter to the Clerk of the Justices (Quoting your case details) explaining that you live in a remote area and need the ability to drive to get to/carry out your work obligations etc. Get your employer (The 'big' boss!) to 'lay it on thick' that he/she has spoken to you and that you appreciate the stupidity of your actions etc. and that since being stopped you are a reformed character etc. Grovelling approach might help!

 

Keep a further copy on you on the Court day in case the original goes astray.

 

If you try and convince Magistrates that driving licence is essential for your job, they will want this letter as evidence.

 

(10 years ago I was stopped for 105 mph on a motorway, clean licence clean for 20 odd years prior. Result, a day out at Court, 7 day ban and £200 fine plus costs and no points. It really focussed the mind!)

[katedog]

...

 

Pat,

 

Once this chap has a UK licence anything the court do to his UK licence stands in the UK.

 

Your right to say he can drive on his German licence but only in Geramny.

 

Once your banned in the UK your BANNED, doesnt matter how many licences you hold. If you then started to produce a German licence to the UK cops when asked knowing full well you have a UK licence you are then looking at criminal offeces of perverting the course of justice.

 

PS How do you do that thing where you can type on my post????

[Rooster-UK]

PS How do you do that thing where you can type on my post????

.....by quoting your post in his post and editing it.

 

Only Site Team Members can add to or change your original posts.

[crem]

I beg your pardon pat.

 

speed is one thing... this is just crazy stuff.

 

8 am in the morning? cars on the road?

this user deserves a ban, and a long one.

 

Why do people on the board (particularly site staff) pick and choose which members they offer constructive advise to and which ones they just pass moralistic judgement on?

 

The OP has asked for advise regarding the legalities of the case, not on the morals of his actions. He is not seeking to avoid the facts or the prosecution, but on whether there is any actions/advise he can take to mitigate the consequences. Fortunately some posts in this thread may prove useful to the OP in among the unhelpful lectures.

[katedog]

.....by quoting your post in his post and editing it. by typing here?

 

Only Site Team Members can add to or change your original posts.

 

 

Is that how you do it?

 

 

Just come back and edited this post. I can see that I can add to your quote whcih could be open to abuse or lead to confusion!

 

Any comments?

[Rooster-UK]

You've got it.

[crem]

Is that how you do it?

 

Yep.

[green_and_mean]

HI there.

condition on a road was perfect:

8am, sunny sunday morning, dry surface. OTHER CARS ONLY ON LEFT LANE. as M1 was basically EMPTY.

Middle & fast lanes were empty .

 

I know that if there were be more cars on road, I wouldn't be driving that fast. but because It was empty I feel relaxed .

 

EMPTY except for a Police car behind you!

[HSBCrusher]

Why do people on the board (particularly site staff) pick and choose which members they offer constructive advise to and which ones they just pass moralistic judgement on?

 

The OP has asked for advise regarding the legalities of the case, not on the morals of his actions. He is not seeking to avoid the facts or the prosecution, but on whether there is any actions/advise he can take to mitigate the consequences. Fortunately some posts in this thread may prove useful to the OP in among the unhelpful lectures.

 

 

My point is that I don't think we should be trying to get this guy a shorter ban.

 

its not OK to drive at 120mph in this country, ever. This is extreme. I am surprised you and pat don't agree.

 

this isn't parking in a disabled space, or overstaying in a car park. My God, this is 120 mph on a road with other road users at 8am in the morning.

[crem]

Is that how you do it?

 

 

Just come back and edited this post. I can see that I can add to your quote whcih could be open to abuse or lead to confusion!

 

Any comments?

 

If anyone is confused or think you are mis-quoting someone, they can refer back to the original post from which you quoted.

 

When used normally by responsible members you will notice the new poster often adds to the original post by changing the colour of their text for clarity

[Rooster-UK]

As Crem says, if you look back to the original post, that the quote came from, you will find that it is unchanged.