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Legal matters

Speeding - what will happen?

10 replies

lollystix · 07/03/2012 21:51

DH been sent a letter saying he was seen on camera driving 71mph in a 50 zone. It's his first offence so no points to date. Does anyone know if he'll have to go to court or will they just issue points and a fine without court?

I'm stressing a bit as we emigrate in 10 days so really don't want to have to fly back for a court attendance?

Does anyone also know how long the process will take?

OP posts:
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AKissIsNotAContract · 07/03/2012 22:01

I've got points on my license and didn't have to attend court. They just sent me a fine and I had to submit my license IIRC.

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lollystix · 07/03/2012 22:15

Thanks - can you remember how fast you were going?

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OldLadyKnowsNothing · 07/03/2012 22:19

My son was caught doing 92 in a 70 zone, £60 fine plus three points on a clean license, no court appearance.

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Northernlurker · 07/03/2012 22:30

Dh was nabbed for 81 in a 70 and was offered the speed awareness course (which costs about £80-£90) or 3 points and £60 fine. He took the course.
I think it's unlikely they'll take him to court tbh.

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AKissIsNotAContract · 07/03/2012 23:09

I think I was doing 80 in a 70. I believe you only get banned if you go more than 30% over the limit.

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OldLadyKnowsNothing · 07/03/2012 23:14

Or over 100, automatic ban.

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shelscrape · 08/03/2012 10:13

Hi there lolly. Your DH needs to read the notice carefully - is it a notice under S172 of the Road Traffic Act 1988? different police forces forms look different, but the basic content is that it states the offence - eg speeding in this case - and is sent to the registered keeper of the vehicle asking them to idenitfy the driver. He needs to fill in the form and return it to the police - faling to do so carries 6 penalty points and a pretty high fine - around about £600 last time I checked. Failing to return the form is an additional offence under the Road Traffic Act.

Does the form also give him the option to accept being the driver and to accept a fixed penalty of 3 points and fine of around about £60? If he wants to take this option he needs to tick the relevant box and send the completed form to the address stated - usaully the police force central ticket office - along with money and driving licence. As you are on a tight schedule it would probably help to phone to police and see if he can hand deliver it all and get his licence endorsed with points while he waits at the polcie HQ. if they can't do this, he can elect to have the offence dealt with at Court.

If the police have not offered him a fixed penalty and tell him it will go to Court, or if they will not guarantee a fixed penalty can be dealt with in 10 days - not to worry. Speeding offences can be dealt with in your absence under the Magistrates Court Act Just make sure your post is properly redirected so he gets any Court summons. He can then plead guilty in writing and make written representations to the Court and he will be sentenced in his absence.

Your DH won't be able to drive in NZ without his licence. It's an offence here to drive without a valid licence physically with you in the car. Also, raod traffic offences are not criminal offences, so should not affect any immigration issues.

PM me if you need to know any more

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shelscrape · 08/03/2012 10:14

By the way old lady - it is not an automatic ban if you go over 100 mph. A ban is more likely, but Courts take many more factors into account, not just the speed.

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OldLadyKnowsNothing · 08/03/2012 16:53

Thanks for clearing that up. :)

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tb · 13/03/2012 18:06

I have heard, but can't vouch for the accuracy, that if you don't sign the form when you send it back, they let the matter drop. Failing that, you contact Mr I Can Get You Off Speeding, and for a large wodge of cash, he will argue that you do such a high mileage neither of you can remember who was driving - worked for Neil and Christine Hamilton.

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