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68mph on M62 in a 40mph Variable Speed Limit. Proposed Disqualification. **RESOLVED 6 points and a fine..**


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Hi,

 

I was caught on camera doing 68 in a 40 variable limit on the M62.  This I do not dispute. (Although there was no real reason for the limit as nothing was in the road at the time and it was 21.45 and light traffic)

 

I have replied to all of the paperwork in time, and pleaded guilty as per the paperwork they sent back (via the online option and opted not to attend court).

 

TBH as this was a first offence and I pleaded guilty, and in my mitigation apologised etc, I expected six penalty points and a fine.

 

Just received from the court, paperwork entitled “Notice of Proposed Driving Disqualification”  and I have 2 options -  Either “A” - No further information to give to the court, or “B” I want to attend court. (This is if I want to fight the disqualification I gather)

 

I’m not sure how to proceed.  I work as a Mobile Service Engineer, including 24 hr call outs and disqualification would affect my job etc. I also live in a rural location so have no viable alternative public transport.

 

I don’t really want to attend court...its a very long way from home, and if I do get disqualified, I wont be able to get home after the hearing.

 

Is it normal to receive a disqualification for a first offence at these speeds?  Can I change court if need be to a more local one?

 

Thanks for any help.

 

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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Hi.

 

While you're waiting for the forum regulars to arrive, this is a link to the magistrates' sentencing guidelines. If I'm reading it right, then if you do over 65 mph in a 40 zone it can lead to a short disqualification.

 

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

 

Obviously we need to work out what you can say about a disqualification affecting your job. The experts will know more than I do, hopefully they'll be along soon. When is your court date?

 

HB

Illegitimi non carborundum

 

 

 

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Hi HB,

 

No court date yet,  but I have to send my reply by 10/04/2020 as to how I want to proceed.

 

Thanks.

 

 

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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The sentencing guidelines suggest either a ban of 7-56 days or six points. That guidance was reversed in 2017 (it used to be points or a ban). That would indicate that disqualification should be the first consideration. However, that band of seriousness begins at 66mph so you are only just into that band. (That said, the band below is similar in its wording). Nonetheless six points is far more likely.

 

 

Strictly speaking you have no right to argue “exceptional hardship” if you are disqualified for a single offence. That is only available for “totting up” bans. However, the court will listen to you before they decide what option to take. The surest way to ensure they have your attention is to attend, however, if you don’t want to, simply add brief notes saying what effect a ban will have.

 

 

You will also pay a fine of a week’s net income, a surcharge of 10%  of the fine (minimum £32) and £85 towards prosecution costs.

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  • 7 months later...

I was at court today with a Similar offence - 68 in a variable 40...M62.

 

I originally Phoned the police camera dept and asked for camera proof including gantry signs showing 40...they sent them and it showed the 40 and my vehicle.

 

I pleaded guilty, and asked for the single justice procedure thingy.

 

Came back with possible short term  disqualification, with option for hearing to plead against etc. I asked for a hearing

 

Finally 11 months after the offence, hearing came through.

 

Arrived at court, finally was called in.   Offence read out etc and then I had a chance to put forward orally my personal mitigation etc. (Remorse, I was stupid, wont do it again,  need license for work as live in rural area etc, first offence, good character standing)

 

Today the magistrates were kind...6 points and a fine...something like £450 plus £85 costs (cant remember the exact amount but was around £535 if greatly different will repost.  Have 14 days to pay, they will send me the amount etc.

 

I feel very lucky today, could have been worse.  Good luck with your case.

 

 

Ok slight adjustment

 

fine 450, victim surcharge 45 court costs 85 total £580.

 

 

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I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

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  • dx100uk changed the title to 68mph on M62 in a 40mph Variable Speed Limit. Proposed Disqualification. **RESOLVED 6 points and a fine..**

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