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2 x Notice of Intended Prosecution (NoIP) "exceed a variable speed limit - automatic camera device


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Please could someone provide some advice?

I was travelling from home up M6 and was caught twice breaking the speed limit in a variable speed zone.

I have set out the detail below.

My biggest concern is the police service has stated they cannot deal with one offence with a fixed penalty and have referred it to the magistrates' court.

Do I need to get specific legal advice, or should I turn up, tell the truth and accept the consequence (I am worried what the consequence will be).

I have never been convicted of any motoring offence.

Received NoIP on 23/06/2023 detailing the offence: exceed a variable speed limit - automatic camera device recorded speed 68mph in a 40mph limit at 09:22 on 11/05/2023 @ M6 Northbound between junctions 13-14 (approx 2 1/2 miles after junction 13). The letter was dated 14/06/2023

Received NoIP on 25/06/2023 detailing the offence: exceed a temporary 50mph speed restriction on a motorway - automatic camera device recorded speed 60mph in a 50mph limit at 09:43 on 11/05/2023 @ M6 junction 16. The letter was dated 21/06/2023

I responded to both NIP172 forms and asked if they could consider the two offences as one offence. I received a reply dated 10/07/2023 stating that they could not consider the offences as one offence. I understand that it is their call and accept that.

I received a further letter dated 22/07/2023 regarding the offence of exceed a variable speed limit - automatic camera device recorded speed 68mph in a 40mph limit setting out that "due to the excessively high speed of your vehicle it is not possible to deal with this matter through the fixed penalty scheme. The matter will now have to be placed before the court to be heard by a Magistrate. This is the bit I really need help with.

I received a further letter dated 25/07/2023 regarding the offence of exceed a temporary 50mph speed restriction on a motorway - automatic camera device recorded speed 60mph in a 50mph limit offering a speed awareness course, conditional offer of penalty points or opt to got to court. I intend to opt for the speed awareness course but I have delayed that until I get some advice. I know that I need to respond within 28 days.

Thank you in anticipation of your help

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You do not need legal advice and you will not need to attend court unless you specifically want to.

The more serious offence will be dealt with under the "Single Justice" Procedure. This involves a single Magistrate sitting in an office with a Legal Advisor, dealing with matters "on papers" only. Nobody else can attend.

The sentencing guidelines for 68mph in a 40mph limit suggest a fine of a week's net income (which includes a discount of one third if you plead guilty) and either a ban of between 7 and 56 days or six points. The overwhelming likelihood is six points. You will also pay a "victim surcharge" of 40% of the fine and prosecution costs of around £90.

You will learn when court proceedings have begun by way of a "Single Justice Procedure Notice." The police have six months from the date of the offence to bring proceedings and in many areas they take all of that, so you may not hear until a week or two after the deadline. You will have 21 days to enter a plea and you will also be asked to provide details of your income. You will be advised of the outcome of your case by post.

In the (very unlikely) event that the Single Justice believes a ban should be considered your case will be listed for a hearing in the normal Magistrates' Court and you will be invited to attend to make representations. A Single Justice will not disqualify you in your absence.

Let me know if I can help further.

 

 

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