Doing 78 MPH in 50MPH variable speed limit

[Cianmarriott]

Hi Guys,

 

I have read a couple of posts regarding having to go to court due to going over the speed limit by quite a margin

but none to the exace same case as myself.

 

I was caught around 7:00am doing 78mph on the M1 at a point in which the speed limit was all ready changed to 50 mph overhead.

 

I have all ready received my mail confirming that my case has been refered to the law clerks and will get back to me in due course (after calling them normally 6 weeks).

 

I am in my second year of driving and wondering what I can expect as a punishment for this case?

 

I have been doing the same journey for over a year (in which the variable speed limit has been turned on many times)

and not once been pulled/caught for this offence.

 

Also I rely heavily on my car to get me to and from work every day.

 

Any advice from you guys on what to expect and how to go about a court case if/when there is one?

 

Much appreciated,Cian

[Cianmarriott]

Also not sure if it makes a difference that I was going only 28mph over the limit and worth mentioning that 6 points in my case would also mean a ban.

[Kaiserfarrow]

You were 56% over the limit. "Only" isn't going to help. Assume this is your first offence?

 

I would think your best bet is to plead guilty, but make clear the impact a ban would have on your ability to earn a livelihood, and the hardship a ban may cause you. Appear remorseful - you may avoid a ban by the skin of your teeth.

 

Some of the longer term CAG'ers may be along shortly - and be able to offer you more support.

[BazzaS]

"Only 28 mph" over the limit .... I wouldn't advise saying "I was ONLY 28mph over the limit" in court.

Looking at the CPS guidance http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/

You might have got a FPN for between 57-76 mph, but 77mph or over -> summons

 

"78mph on the M1 at a point in which the speed limit was all ready changed to 50 mph overhead" .... I gather the 50 sign was visible in advance, in a correct font? (In which case you need to be doing 50 or less as you pass under the sign).

 

Saying to a court "I need my car for work, 6 points will get me a ban" (how many points do you have? Do you count as "a new driver"?) might engender sympathy, but might earn you the bench saying : "shouldn't speed or attract penalty points, then".

[marmaris30]

As I understand it, 6 points - likely for flagrant speeding - doesn't mean a ban but simply revocation of the licence if it's less than two years old. You'd have to apply for a new provisional licence and take and pass new theory and practical tests, on whatever timescale suits.

 

If you do plead hardship then they might let you off with say a £300 fine and 5 points, which is typical for this kind of offence. It won't do much good for your insurance premiums but would at least let you keep your licence.

 

I've driven through plenty of these variable sections myself, on the M25, M1, M42 and elsewhere, and given that the maximum speed limit anywhere is 70mph, you'd have a hard time arguing that 78mph is reasonable unless there are some very special mitigating circumstances that might have made it dangerous or otherwise unreasonable to observe the variable limit.

[MaisyMouse]

I was caught around 7:00am doing 78mph on the M1 at a point in which the speed limit was all ready changed to 50 mph overhead.

 

I am in my second year of driving and wondering what I can expect as a punishment for this case?

 

I have been doing the same journey for over a year (in which the variable speed limit has been turned on many times)

and not once been pulled/caught for this offence.

 

Also I rely heavily on my car to get me to and from work every day.

 

What is your work by the way ?

 

Unfortunately the use of your car if it is simply for commuting will do nothing for you in court, so don't use it in mitigation.

Can you prove you have a good previous driving record ? Were the other six points for something other than speeding ?

[Cianmarriott]

Im an IT support analyst for a bank.I dont have 6 points all ready. Just because im a new drive 6 points would mean license would be taken of me due to only being in my second year of driving.As for "only doing 28mph" I meant it as in I wasnt doing 30mph or over which I thought was the line in which they pretty much ban you anyway.

[BazzaS]

Im an IT support analyst for a bank.I dont have 6 points all ready. Just because im a new drive 6 points would mean license would be taken of me due to only being in my second year of driving.As for "only doing 28mph" I meant it as in I wasnt doing 30mph or over which I thought was the line in which they pretty much ban you anyway.

 

To benefit from "don't get a ban for less than 30 over" : you'd have to have held your licence for more than 2 years, although (as others have noted), you'd only have your licence revoked for 6+ points in the first 2 years, and you are looking at 3 to 6 points : could you aim for e.g. 5 points and a fine, and might a specialist motoring solicitor help you achieve this?

[Kiki1]

Im an IT support analyst for a bank.I dont have 6 points all ready. Just because im a new drive 6 points would mean license would be taken of me due to only being in my second year of driving.As for "only doing 28mph" I meant it as in I wasnt doing 30mph or over which I thought was the line in which they pretty much ban you anyway.

 

From memory, a ban is usually for travrlling at 50% over the existing speed limit of the road in question. A 50mph road would be 25 over, 40mph would be 20 etc.

[renegadeimp]

But then theres the added caveat of breaking the national speedlimit too. Although there may be mitigating circumstances.

[CrappoMan]

Unfortunately the use of your car if it is simply for commuting will do nothing for you in court, so don't use it in mitigation...

 

I thought the same when I was in court last year for a possible ban. I claimed a ban would cause exceptional hardship and the first thing the magistrates asked was If I needed my car for work. As I commute about 25 miles each way and could not use public transport in a reasonable time (

 

Afterwards, I asked them about not taking commuting into account and they said to me, "Don't believe everything you read on internet forums".

[Dave Briggs]

I agree with Kaiserfarrow - admit guilt and then as you are and there is no doubt about this, an immediate ban would be 75mph so you are over. I would ask if the camera can be confirmed to be valid I think its a calibration report of some sort given it is 3 miles over and you need to get supporting evidence around your job ie it needs a license for x / y and your hardship if you lost your license. the mess you have is the rule of 6 points and you lose your license during the first 2 years though. So I think your only hope is the calibration report being out so you can try and argue this but still be guilty and then take the fixed 3 point and fine option that should be available to you... anything over 75 expect the court to ban you for a period of time and if they give you 6 points then retest also so it is really important you get a decent lawyer to support you here with supporting evidence from employee's partners family etc and somone that can argue against the ruling that the motorways are 70 normally, unlucky yada yada yada ... best of luck

[Grotesque]

Afterwards, I asked them about not taking commuting into account and they said to me, "Don't believe everything you read on internet forums".

 

 

Wonder what CAGger they are...