Can anyone from the police/traffic offence law help with this query please?

[Slowdown108]

Posting here for (ironically) traffic...

At the end of Feb I got pulled over doing 108mph on motorway- I was rushing to a work appointment and zoned out, saw the open road and put my foot down...I got pulled over by the police, got a (totally deserved( dressing down, the took my details, outlined what might happen ( nothing, speed awareness course, points or, most likely, court summons). I KNOW this speed in unacceptable, dangerous and irresponsible, and I promise this has slowed me down.
I waited each day for postal notice for points/court etc, and nothing! So I kind of thought I’d got away with it.
Fast forward to last Thursday and I’ve had a NIP...a pack asking me to fill out mitigating circumstances and to go to court etc.

Now; two things...should it really take 5 months to be sent, and can I contest this?
And also, there are 3 boxes to tick;

1. I am not guilty, I want to go to court
2. I am guilty, I don’t want to go to court
3. I am guilty I want to go to court

I want to go with 2) is that right? - surely most people want to avoid wasting the courts time?

I have subsequently started a new job and want to avoid upsetting apple cart as would likely need a letter for employer etc etc.
My DH works away a lot and childcare is not reachable by public transport.
I’m also shit scared of going to court all together!

I reiterate, I have totally learnt from being pulled over and actually shook me up to honest. I’d say I was a much more cautious and careful driver since it happened.

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I always thought over 100 was a ban. Could Be a myth though

Gojo- I think they can’t ban you unless you go to court...

You’ll need to go to court, you will be getting a ban

Don’t look- so why didn’t they just send me the court date then? They gave me options etc - fully expecting the ban just curious about the 5 month time elapse and the various tick boxes

They can ban you if you don't go to court, all refusing to go does is make sure you are not represented in the proceedings and have no opportunity to show remorse.

The 5 months is just a representation of how under resourced the system is so it's taken that long to get the communication to you. It will make no difference to the outcome that it took 5 months for the letter to be sent.

Hi - NIP should be issued within 14 days however he gave you verbal notice of the possibility of prosecution so the 14 day rule doesn't apply. It sounds like they have sent the matter straight to court.

Yes you want option 2 - make sure you provide mitigating factors as listed above when you have the opportunity to (when you get the court ppw through)

If it's any consolation my dad was caught speeding at 100+ and just got some (I think 9) points and a relatively small fine.

I don't think you can contest it because they’re prosecuting you five months later.
Likely to be a ban, yes, and no point in pleading not guilty, but you should get a solicitor who can tell the court your DH works away, no public transport etc. You might be lucky and get away with a huge fine.
You probably don’t need me to tell you that you could easily have killed yourself or someone else driving that fast...

"Will I be banned from driving if I get caught driving more than 100mph?
The default position of courts is to disqualify drivers caught speeding at more than 100mph or at 30mph above the relevant speed limit. At the court’s discretion, this punishment can be reduced if you can prove losing your licence would result in ‘exceptional hardship’."

It's a myth that being over 100mph automatically = ban so don't panic about that OP. Just make sure you explain the various reasons you rely on your car and hopefully you will get away with points and a fine.

It can be up to six months for a summons to come through. If you don't go to court they can still ban you, going to court is your opportunity to explain any mitigating circumstances. This is often looked on more favourably than doing it by post, but by doing over 100 I would be expecting a ban either way.

People don't often go to court for a variety of reasons, so that's why not going is given as an option.

I got banned for totting up several years ago. Even though a ban was the most likely outcome (which was right given in my case), a magistrate friend advised me to go in person to give mitigating circumstances in person, and a grovelling apology and I may have got away with a shorter ban and bigger fine.

I work for the police, you are not necessarily getting a ban. A NIP is a "notice of intended prosecution" the reason why it's taken so long is because the police officer who caught you will have had this in their "workload" and they have up to 6 months to deal with prosecutions: It's different than a "speeding fine" due to you being stopped by a police officer not a camera or a gun etc.

How did the officer know you were doing that speed? Did they stop you and said they had clocked it or did they have a gun etc? Did you admit at the roadside the speed you were going and finally did you sign any paperwork or a pocket note book when you were stopped?

All of these of mitigating circumstances and a solicitor who is experienced with dealing with NIP's and police driving offences will be able to advise you further on what to reply. If you reply saying "I am guilty and I don't want to go to court" then you will be sent out paperwork and you will have to pay any fine/take points etc that the police set, if you go to court you may argue mitigating circumstances and the judge will decide your fine etc, however if you are found guilty you will also be hit with court costs. Hope this helps.

I’d go to court and plead my case. If it’s a ban either way you’re better off arguing in person.

If you genuinely took your eyes off the speedo and didn’t realise, make that point. I wouldn’t argue you were late and took your eyes off, one or the other will sound like a lie.

Any previous convictions? If not then make sure the judge knows that.

How would a ban affect you and your family?

FWIW it is easy to creep up and not realise how fast you’re going. I’ve done it myself.

Don't plead guilty just yet!

You face the prospect of a large fine (up to 150% of your weekly income) and a driving ban. Then inflated insurance premium.

Maybe the police have lost the evidence, didn't calibrate their equipment correctly, etc.

Why do their job for them by admitting guilt?

Seek proper legal advice before making your next move.

Don’t look- so why didn’t they just send me the court date then? They gave me options etc

It’s a standard court document that is issued for all speeding cases, including those where no ban is likely.

If you select option 2 - I want to plead guilty/I don’t want attend court - your case will be adjourned to a later date for you to attend

It's a myth that being over 100mph automatically = ban so don't panic about that OP. Just make sure you explain the various reasons you rely on your car and hopefully you will get away with points and a fine.

Really

Fuck me.

You cannot contest it especially when the Police have video tape evidence from their patrol car. You could of killed someone, take responsibility for your actions.

Don't plead guilty just yet

FFS!!!!!

I cannot believe the number of posts suggesting that there could ever be mitigation for driving at 108 mph.

I hope you get a ban. And a huge fine. You'll get court costs whether you show up or not.

I always thought (and seen it on many TV programmes) that's its an automatic ban if you are stopped doing more than 100 mph.

However, I strongly advise you to go to court & see what happens. Speak to a duty solicitor there & they will plead your case for you. I did just that after totting up gave me 12 points. The duty solicitor was brilliant & with his help I managed to avoid a ban due to undue hardship (I need my car for work & had a young family at the time - wife didnt drive & I was the sole earner)

Please dont just fill it in & send it back. Go to court & see if luck is on your side.......although no way do I condone you doing 108 mph !!

You will get a ban. And rightly so. Why the hell are you zoning out while driving? Rule fucking 1... pay attention.

You were in control of a heavy weapon going 100+ mph. Should be a ban for years tbh.

You need legal advice.

I know in NI there is a time limit of when such a notice can be issued after traffic offence. It might be 6 months - worth checking out.

You will want to go to plead guilty but go to court, a barrister May be able to plead mitigated circumstances nd you may be get off with a softer sentence.

Don't use zoning out as part of your defence though, they will laugh you out of the court for that one!

"Why do their job for them by admitting guilt?"

Because she IS guilty, she was speeding and the police officer who stopped her likely saved her life and the life of anyone else she could have run over/crashed against. Why would she NOT plead guilty?

OP, you need to be completely honest just as you have been here. I would choose the "I plead guilty, I don't want to go to court" option and would attach an affidavit in which you explain that the speeding was due to driver distraction, a grovelling apology, an admission of the danger you put yourself and others, gratefulness to ther officer who stopped you, and finally a reflection describing how you feel, what you have learned from this experience and how you are already making changes to guarantee this will never happen again. This response is exactly what the police and courts expect from a person who made a mistake and is unlikely to repeat it in the future, and is the most likely to bring on a more lenient punishment.

I personally would end the affidavit by humbly accepting the penalty the police/court chooses to impose and guaranteeing you will abide by it.

Good luck! We all make mistakes and you sound like you are aware of yours, and happy to make amends in the future.

Yeah. I wasnt paying attention and zoned out at 108mph isnt mitigating. More likely to add time to your ban

Go with Guilty and go to court to put it that a ban will cause exceptional hardship to your family, focus on the impact it will have on your family not you personally. You are being punished so your hardship isn't that much of an issue - however your family is not being punished so if they are likely to have exception hardship because of a ban applying to you then that will make more of a difference to the sentencing. Do not say you zoned out - that shows you were not paying attention which makes it sound worse.

Do not go not guilty - you are 99% sure to be proved to be guilty and saying NG will mean any Guilty plea 'discounts' they might give won't happen.