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Hi all,

 

Brand new here so hi to everyone, I hope you are doing better than me right now.

 

I am completely at fault doing 91 in a 70, I'm embarrassed and sincerely sorry but I doubt this will change anything.

 

I have read that the fine is determined largely by my salary. I am currently on 85k and this is my first driving offence in over a decade, I've been driving for 15 years and am now 32. No criminal convictions.

 

From a few other websites it appears I can be fined in the region of £2,000. For someone trying to save for a deposit on a house this is quite depressing.

 

Should I expect the worst?

 

Many thanks.

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Expect the worst and then at least you won't be disappointed. Put your hands up as quickly as you can and be extremely contrite. Point out your clean record over such a long period of time. Plead guilty by post, don't waste the court's time with an appearance or legal representation – it simply not worth it.

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I disagree with “plead guilty by post” as a sweeping statement.

 

If being dealt with under Single Justice Procedure : absolutely agree.

You can say “if the court decides to deal with this case by means of a full hearing I would then wish to attend to apologise in person.

I am pleading guilty by post so that if the court feels able to deal with this under the SJP to preserve the court’s hearing time I hope this reply demonstrates my acceptance of the court’s wishes and adequately expresses my remorse at having offended”

 

If they wish to have a hearing: attend in person. It reinforces the contrition felt. The issue then becomes if you want to appear and represent yourself, or seek a solicitor local to that court to represent you.

I’ve heard arguments for and against both.

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OK. Here's the worst case scenario.

 

91 on a motorway is...

 

Endorsement of your licence with 6 points OR a driving ban for between 7 - 56 days. Plus

A "Band C" fine. Which is calculated at 150% of your weekly net income.

 

So, a gross of £85,000 per year, works out at a Net annual income of around £57,000 or £1,100 per week. 150% of that equates to a fine of £1,650. However, the Magistrates have leeway of 25% either way on the fine, so the fine could range from £1,375 to £1,975.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Forget all about the matter going to court.

 

Speeds of up to and including 95mph (in a 70mph limit) are dealt with by way of a Fixed Penalty (£100 and 3 points).

 

For information, if it did go to court, it would attract a "Band B" fine (one week's net income). Based on your salary (which I have assumed is net) this would be roughly £1,700. You would be entitled to a one third discount for a guilty plea, so knocking it back to around £1,135. The maximum fine for speeding on a motorway is £2,500. Anyone subject to a fine of this amount would also be entitled to a one third discount if they plead guilty, meaning the most that can be imposed in any circumstances is £1,667. The above information mentioning a "Band C" fine is incorrect. Band C does not kick in until 101mph as can be seen from the guidelines:

 

https://www.sentencingcouncil.org.uk/offences/item/speeding-revised-2017/

 

 

But as I said, court penalties need no worry you anyway. Make sure you return the request for driver's details, naming yourself as the driver, within the 28 days allowed. (Failure to do so makes you guilty of a more serious offence which attracts six points, a hefty fine and insurance grief for a number of years). You should receive your Fixed Penalty offer shortly afterwards.

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My apologies, the banding changed in 2017. It used to go to summons at 86.

 

If you get offered an eFPN, bite their arm off for it. £100 and 3 points is a lot better than you'll get in court.

 

 

As for Magistrates court and banding, Man in the middle is correct (except that it's 100mph not 95).

 

Band B in your case (net) would be an £1,100 fine as a starting point. 4-6 penalty points OR a 7-28 day ban.

 

Again, the Magistrates (if you appear in court) have a 25% either way leeway, so the fine can range from £825 to £1,375.

 

 

I don't agree with Man in the Middle with fines if it does go to court. £85k Gross is £57k net or £1,100 per week and not £1,700. It's net income that's counted, not Gross.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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My apologies, the banding changed in 2017. It used to go to summons at 86.

 

The banding changes in 2017 did not effect fines for speeds of less than 101mph. All that happened was that the top band (101 plus) used to be Band B but it was changed to Band C. Summons at 96mph has been the form since at least 2000, which was the earliest edition of the ACPO guidelines I can find. The current guidance is quite clear and is rarely departed from:

 

Action begins at (Limit +10% +2mph). So, 79 in a 70 limit.

 

Speed Awareness Course (not in Scotland) offered up to (Limit + 10% + 9mph). So between 79 and 86 in a 70 limit.

 

Fixed Penalty Offered up to (Limit + 20mph) in 20 or 30 limits or (Limit +25mph) in all other limits. So between 87 and 95 in a 70 limit.

 

Summons (or Postal Requisition or Single Justice Procedure Notice) for all higher speeds. So 96 and above in a 70 limit.

 

As for Magistrates court and banding, Man in the middle is correct (except that it's 100mph not 95).

 

See above.

 

 

Again, the Magistrates (if you appear in court) have a 25% either way leeway,

 

I don’t know what makes you say that. Whilst Magistrates always have discretion to sentence outside the guidelines if they believe it is just, fines for speeding are quite prescriptive and unless there are compelling reasons to vary the fine, it will normally be set at Band B or Band C as appropriate.

 

I don't agree with Man in the Middle with fines if it does go to court. £85k Gross is £57k net or £1,100 per week and not £1,700. It's net income that's counted, not Gross.

 

I did say I assumed the £85k quoted was net. All fines are calculated on net weekly income.

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