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Advice on Speeding Fine / intent to prosecute needed please!!!

(23 Posts)
becklespeckle Fri 18-Jul-08 22:57:51

The short version is this - how likely are you to get a ban for doing 53 in a 30 limit (open road, not built up area)?

More details...

The person caught was doing 53 in a 30 (not me BTW). Although I know it should make no difference it was an A road, the road was empty (pics to prove it), was almost out of the 30 limit with no footpaths and the weather was clear.

The person caught currently has a clean licence, last points 8.5 years ago although before that his record was not good.

Also currently out of work and needs his license to travel to jobs, has young family & mortgage etc...

According to the leaflet thing if he had been doing 50 or less then he would have got a fixed penalty but at 53 it is court. When he phoned and requested the photos he was told he would probably not even have to attend court, just write a letter apologising and admitting his guilt. Is this true?

Is he likely to get a ban or more likely to get a big fine and 6 points?

WendyWeber Fri 18-Jul-08 23:02:17

This says 4 points & fine of £45-100.

WendyWeber Fri 18-Jul-08 23:02:59

(Is 2 years old though. You need cod or another jp)

becklespeckle Fri 18-Jul-08 23:27:27

Thank you for the link, is reassuring to see that 2 years ago it would not have been a ban - hopefully cod or someone else in the know will come along later or tomorrow!

nannyL Fri 18-Jul-08 23:47:12

I was runover (and nearly killed) by a driver doing 50mph in a 30 zone. (he admitted it, witness guessed it and skid marks proved it

it was between the park and a primary school directly next to the 'children running across the raod' sign

(I was coming out of the park and landed IN the school hedge)

the driver got NOTHING; 0 points and £0.00 fine
If id have died (and to be fair they thought i was going to die) he wpuld have been charged with 'death by dangerouse driving' angry

becklespeckle Sat 19-Jul-08 00:08:22

That is awful Nanny! What a lucky man, I don't think that people who drive irresponsively should get away with nothing.

However, the driver I am talking about was on a piece of open road, there were no schools, houses or even footpaths where he was driving.

becklespeckle Sat 19-Jul-08 00:17:20

Reading that back it doesn't read how I meant it - what I meant is that the man was lucky but not in a nice way, he should have had the book thrown at him for speeding in a built up area, especially so near a school and a park.

nannyL Sat 19-Jul-08 09:28:52

lol!

it was in 1997, i did right his car off though grin

I agree that a piece of open road should not be as bad as a built up area...

Where i used to work there were houses / no pavements / bends / lots of walkers / pedestrians and the limit was 60.... about a mile and half away there was a long striaght wide road with a pavement, but just fields and no shops / houses / anaything and i dont think anyone ever walked on that pavement unless they were on some hiking expedition.... that road was a 30.... it made no sense at all to me!

Makes me so cross about the driver who nearly killed me (police said he had had a shock running me over).... Ironically while i was still in hospital my neighbour was travelling 35mph in the same road at exactly the same place on his way home from his mothers funeral sad (he didnt run anyone over or anything) he got the £60 fine and 3 points!
It was a road that even today they regularly speed trap, so i just dont get how he got away woth nothing at all hmm

FluffyMummy123 Sat 19-Jul-08 09:29:53

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FluffyMummy123 Sat 19-Jul-08 09:31:50

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FluffyMummy123 Sat 19-Jul-08 09:32:24

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FluffyMummy123 Sat 19-Jul-08 09:32:59

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Freckle Sat 19-Jul-08 09:39:39

Although, if his court date is on or after 4th August, the new sentencing guidelines will apply and he could be facing a 7-56 day ban instead of the points and a fine of anywhere between 75- 125% of his weekly income.

Does he have a court date yet?

HereComeTheGirls Sat 19-Jul-08 09:51:38

My DH did 54 in a 30...quite how is a mystery as we were both in the car, it was apparently at roadworks and we were both unaware of this speeding, but maybe we are both very stupid!

Anyway he didn't HAVE to attend court but did, and because of his mitigating circumstances he was given 5 points not 6, and a £300 fine. So it is worth attending to put your point across if you have a case.

FluffyMummy123 Sat 19-Jul-08 10:10:14

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FluffyMummy123 Sat 19-Jul-08 10:15:02

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becklespeckle Sat 19-Jul-08 10:35:45

Thanks guys!

So is it more likely he will get a fine and points for this offence? Would you ban him Cod??

Is there a chance he could be offered the advanced driving thing too (as he has no current income to pay any fine) or was he going too fast?

He has no court date yet Freckle, he only just got the letter and hasn't sent off the first bit yet confirming he was the driver.

Nanny, I can't believe the police were concerned about the man's shock! Glad you wrote his car off!

becklespeckle Sat 19-Jul-08 10:38:31

I don't honestly think he has a case Herecomethegirls, he was speeding and that is that really.

FluffyMummy123 Sat 19-Jul-08 10:49:14

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Freckle Sat 19-Jul-08 11:50:24

The new guidelines apply to all cases heard on or after 4th August regardless of when the offence was committed.

I don't think it helps to say that he was almost out of the 30 mph zone. At 53 mph he would have been exceeding the speed limit for some considerable time prior to that point, wouldn't he? Unless his car can go from 30mph to 53mph in less than 1 second.

piratecat Sat 19-Jul-08 11:53:45

my ex did 93 on an a road, where limit was 70.

he got £400 fine, and somepoints.

he was moaning about the fine saying how unfiar it was, i just thought oh fuck off.

FluffyMummy123 Sat 19-Jul-08 11:57:58

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becklespeckle Sat 19-Jul-08 12:12:45

Thanks for the advice, he would probably not say he was on an empty road but he has copies of the pictures and there is not another car in sight.

I think he will send letter just apologising and admitting guilt and hope for the best. His driving past is not good at all but he has made a real effort since his last offence over 8 years ago so hopefully that will be taken into account.

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