Notice of Intended Prosecution Recd - Will I get a driving ban??

[Billy goat gruff]

Ive received a `Notice of Intended Prosecution` today which says they intend to prosecute me for doing 86mph along a dual carriageway which has a speed limit of 70 mph. I was clocked by a mobile speed camera unit and they were parked in a layby along the A303 at Longparish Hampshire.

 

Presumably I have to fill in the details and send the form back. I assume I am looking at a fine but will I get a ban as well? Currently I have 6 points on the licence which are due to come off in June. How quickly would this go to court and is there any room for manouvre? Again I assume as I was doing 86 mph as they allege that the `Speed awareness course` isnt an option?

 

Any advice would be appreciated by those of you in the know please.

[crem]

Returning the NIP, correctly identifying the driver is essential within the 28 day rule as to not do so is a bigger offence than the original speeding so do that first.

 

I don't think doing 86 on a 70mph road puts you in the area where a court would be considering a ban unless there were other things that would have took it into the realms of careless or dangerous driving. You will definately be looking at points and a fine as I think you are well outside the tolerance for a SAC course which are aimed at people being slightly over a limit (2 to 4mph I think)

[Old Snowy]

Hampshire Police offer Driver Awareness courses based on the alleged speed being below the ACPO standard of posted speed limit + 10% + 6mph although I do not know whether this applies to all limits. In the case of a 70mph limit the cut-off would in any event be at 83mph (70 + 7 + 6 = 83) and the OP would seem, therefore, not to qualify. However, ACPO have long established recommended penalties and suggest that for speeds in the bracket 79-95mph that a fixed penalty be offered. Although these recommendations were laid down some while before speed awareness courses became the norm they have not been superceded.

 

On that basis it is reasonable to assume that once they have responded to the NIP/s. 172 requirement the OP will receive a Conditional Offer of Fixed Penalty (£60 + 3 points) provided they are not disqualified, hold a qualifying licence and do not currently have more than 8 points. Assuming, also, that they do not intend to defend the allegation.

[Billy goat gruff]

Thank you for the advice given I thought the penalty points endorsement would be higher and thats what concerned me the most. I already have 6 on my licence and they don`t reach their 3rd birthday until the end of June 2011. How soon potentially could I be fined and have additional points added? is it likely to be this side of Xmas or into 2011?

[lamma]

should be 3 points I believe.

[patdavies]

Thank you for the advice given I thought the penalty points endorsement would be higher and thats what concerned me the most. I already have 6 on my licence and they don`t reach their 3rd birthday until the end of June 2011. How soon potentially could I be fined and have additional points added? is it likely to be this side of Xmas or into 2011?

 

They don't cease to count for 'totting' until they are 3 years old; they remain on the licence for 4 years.

 

Trying to avoid an conviction until they are expired doesn't work; for speeding, it is the date of speeding offence that is relevant - not date of conviction

[Billy goat gruff]

Yeh I know and as they went on towards the end of June 2008 - it will be the end of June 2011 before they are off. The longer it takes the better as if its true and I get 3 points its a long time to be driving around with 9 points on the licence until next June but I guess the moral of the story will be to be ultra careful and vigilant.

[Secret Policeman]

Just a couple of points:

 

If you accept the conditional fixed penalty offer when it arrives, then your licence will be endorsed with 3 points which are effective from the date of the alleged offence.

 

If you were to go "not guilty"but later found guilty at a court hearing, then the points would be effective from the date of conviction and not the original offence date. A distinct difference between the two. .

 

There are ways in which to fight back, it just depends whether you want to take the chance. .

[patdavies]

If you accept the conditional fixed penalty offer when it arrives, then your licence will be endorsed with 3 points which are effective from the date of the alleged offence.

 

If you were to go "not guilty"but later found guilty at a court hearing, then the points would be effective from the date of conviction and not the original offence date. A distinct difference between the two. .

 

Sorry, not true.

 

In both cases. the points will count for totting for 3 years from date of offence

[Secret Policeman]

Apologies, put my brain back in:

 

Endorsements must remain on a licence for 11 years from date of conviction if the offence is:

 

* drinking/drugs and driving (shown on the licence as DR10, DR20, DR30 and DR80)

* causing death by careless driving whilst under the influence of drink/drugs (shown on the licence as CD40, CD50 and CD60)

* causing death by careless driving, then failing to provide a specimen for analysis (shown on the licence as CD70)

 

Endorsements must remain on a licence for four years from date of conviction if the offence is:

 

* reckless/dangerous driving (shown on the licence as DD40, DD60 and DD80)

* offences resulting in disqualification

* disqualified from holding a full licence until a driving test has been passed

 

For all other offences (including speeding) it is indeed 4 years from date of offence (valid for 3)

 

Thanks for correcting me!