Caught doing 109 mph on the M62

[Jasonoughts]

Ladies and Gentlemen,

I have been caught driving at 109mph on the M62 in west yorkshire.

It was a Sunday morning and the motorway was clear and road conditions was dry.

I have commuted this part of the motorway for 18 months and did not realise there was a stealth camera there. 

Is it an instant Ban?

I have 0 points on my license and have been driving for well over 37 years.

 

kind regards 

[lolerz]

Once you receive the NIP you'll be summoned to court and likely get a driving ban of 56 days, some points and a fine worth 150% of your weekly income (plus costs), up to £2500.

Not to mention the increased insurance premiums etc.

Edited October 15, 2023 by lolerz

[honeybee13]

I haven't had time to look at the magistrates' guidelines for this which are available online, but we have a cagger called @Man in the middlewho's great at motoring stuff. Hopefully he'll pop in if he's around at the moment.

HB

[Jasonoughts]

Have been researching on the internet.

Some reports are saying 6 points on my license and large fine.

 

Is this incorrect?

 

[honeybee13]

It could be, as I say but every case is different. If MitM us around then you'll get precise information.

We don't know much about lolerz as they've only made 7 before and not  on motoring matters.

HB

[dx100uk]

At that speed on a motorway it will be an almost guaranteed ban. 

Dx

[honeybee13]

Here's a link to the mags' guidelines for speeding.

Speeding (Revised 2017) – Sentencing

WWW.SENTENCINGCOUNCIL.ORG.UK

HB

 

[dx100uk]

If you are really really lucky you might avoid a ban as it is discretionary but you'll get a £2500 + fine. As its a motorway. 

1st offence any other points /stuff recently or on licence? 

[Grotesque]

It's the "if grossly in excess of the limit" clause that bothers me. Basically, it's open-ended, but that's the thing about discretion - it cuts both ways.

[Kyosanto]

That clause is for ppl doing... precisely that, so stuff like 160mph on the motorway. So the punishment can be greater than default.

at 109 over 101, it sounds like the default will be used. Still a very silly thing to do, mind.

[dx100uk]

i think they might be lucky here, no points 1st offence in 37yrs clean? no previous. 

but the 

6 hours ago, Jasonoughts said:

I have commuted this part of the motorway for 18 months and did not realise there was a stealth camera there. 

worries me.

1. knew the route
2. poss done it before and not got caught?
3. stealth camera comment...

id be keeping ALL those to yourself!!

have you a valid emergency reason? 

 

[BankFodder]

22 hours ago, Jasonoughts said:

....and did not realise there was a stealth camera there. 

Translates as "... and I thought I would get away with it – because I always have done in the past".

[Man in the middle]

Sorry I've been away.

You won't receive a summons - they are not used for motoring offences now.

Instead you will receive a "Single Justice Procedure Notice (SJPN)."

The police have six months from the date of the offence to issue that and in many areas they take all of that time. When you receive your SJPN you will have 21 days to respond to it. You will be asked whether you plead guilty or not guilty (I assume you will plead guilty) and whether you want your case to be dealt with under the Single Justice Procedure (at a hearing which you cannot attend) or you want a hearing in the normal Magistrates' Court (which you can).

In practice it's a bit academic. A SJ will not disqualify you in your absence but that speed is certainly excessive enough for a ban to be considered. So I am fairly certain that the SJ will pass your case to the normal Magistrates' Court and you will be invited to attend.  

That speed is on the cusp between a short ban and six points. Neither is guaranteed though if forced to gamble, my money would be on a short ban. "Short" in this context (according to the guidelines) is between 7 and 56 days but if a ban is imposed I would suggest it is unlikely to exceed 28 days.

The guidelines suggest a fine of 150% of your net weekly income, but you will receive a one third discount if you plead guilty. So with a maximum for the offence of £2,500, the most you will be fined is £1,667 and only then if your weekly income was that much or greater. You will also pay a "Victim Surcharge" of 40% of the fine and prosecution costs which will be £85 or £90.

[dx100uk]

on the open forum only

pm advise is not allowed..............

dx

 

[dx100uk]

and?

 

[Jasonoughts]

Seems a very RUDE input.

Is this normal practice?

Man in the middle,

Just an update and thank you for your reply many months ago.

I still have not received anything from the West Yorkshire court System, is this normal behaviour?

Without been arrogant, I receive a substantial 25% pension payment in the month of March and could withstand the 56 day ban now.

with that in mind, should I just plead not guilty and say the cameras could have been faulty on that day, as the finances can take 56 days ban and maximum fine.

Kind Regards

 

[Grotesque]

23 minutes ago, Jasonoughts said:

Seems a very RUDE input.

Is this normal practice?

 

Not so much rude as enquiring. And if there's a hint of exasperation after trying to help but then receiving the silent treatment for the next two months, well, that's a pretty normal human response I'd say, in most interactions Clearly no offence was meant.

Edited February 11 by Grotesque

[BazzaS]

I think you SHOULD plead not guilty, given that you don’t mind the ban and fine.

There is a minuscule chance it’d work to claim that the cameras were faulty.

I don’t think it’d work, but you don’t seem bothered by the fine and ban, and at least it’ll (helpfully!) keep you off the road for a while, since you clearly aren’t bothered by your actions, and that massive chip on your shoulder needs some time to heal …..

[Man in the middle]

Quote

I still have not received anything from the West Yorkshire court System, is this normal behaviour?

If the offence was in mid-October, the police have until the corresponding date in mid-April to begin proceedings. In many areas they take all of that time, so you may have a little time to wait yet.

BTW, you will not get banned for 56 days.

The  top "Band of seriousness" under the old sentencing guidelines (pre-April 2017) had an upper limit of 110mph.

It was only for speeds in excess of that where the "grossly excessive" phrase came into play.

With just a few mph lower than 109 (say up to about 104 or 105) six points is almost invariably the outcome.

If you are banned I would be surprised to see one of more than 21 days, and very surprised if it exceeded 28 days.

[Jasonoughts]

Hey up Man in the Middle,

Yet again, thank you for the knowledgeable input.

I really had no input to give, but someone on this website decided to send me an email that said "AND" in the last 48 hours.

Kind Regards SIR

 

3 hours ago, Grotesque said:

Not so much rude as enquiring. And if there's a hint of exasperation after trying to help but then receiving the silent treatment for the next two months, well, that's a pretty normal human response I'd say, in most interactions Clearly no offence was meant.

well, you are correct.

How do you  think I feel not hearing anything from West Yorkshire Police.

However, as mentioned in a previous message I can handle the fine and Ban now.

If you are really good :-

Write me a letter that says sorry to the magistrates.

 

1 hour ago, BazzaS said:

I think you SHOULD plead not guilty, given that you don’t mind the ban and fine.

There is a minuscule chance it’d work to claim that the cameras were faulty.

I don’t think it’d work, but you don’t seem bothered by the fine and ban, and at least it’ll (helpfully!) keep you off the road for a while, since you clearly aren’t bothered by your actions, and that massive chip on your shoulder needs some time to heal …..

Chip on my shoulder... Laugh out loud

It was the chip in the car that got me into this problem.

p.s

Keep hogging them middle lanes, can tell your are an unexperienced driver.

And what?

[honeybee13]

Let's not start a slanging match please.

Jason, if you're serious about having a letter ready for the magistrates, feel free to draft one and post it up here. We'll help you to refine it.

HB

[BazzaS]

The chip in the car made you drive at 106 mph?

if so : you shouldn’t be driving at all.

Zero acknowledgement of your responsibility. The issue isn’t that the speed makes it unsafe nor the car can’t cope with that speed.

 

the issue is that your lack of responsibility shows that you are unsafe and think it’s OK for you to drive at that speed when the events and your responses suggest otherwise.

[Jasonoughts]

on this site for advice, not to be judged by someone

Just explained to another wind up merchant,

nobody is starting any "slanging" match as you put it.

I am here for advice, not antagonising people.

kind regards.

[BazzaS]

You’ve had the advice : plead guilty, take the reduced penalty.

you’ve said you don’t like that advice and want to challenge the camera evidence. Seems that you aren’t really after advice after all.

 

You’ve also commented, so, it seems you feel it is the fault of those sneaky people putting a camera where you didn’t expect it, while the chip in the car made you drive at 109 mph.

Further advice, then : that attitude in court can only lead to a greater penalty - but you’ve said you wouldn’t mind that,, so it is happiness all around!

Edited February 11 by BazzaS