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.

Zoned out whole doing over 100 miles an hour

When a car does over 90 you can feel the change in the car, so don't give the excuse about zoning out. You knew exactly what speed you were going.

Couldn't have said that more clearly. Pintoff

When you spoke to the officer at the scene that served as your Notice of Intended Prosecution (NIP), so this was issued within the required 14 days.
You can be banned even if you don't attend court. If you couldn't then surely no one would attend court.

OP Google sentencing guidelines for speeding and you'll see that the magistrate has a discretion whether to bab you for up to 56 days or 6pts. It's not an automatic ban as some above are imagining.

Plead guilty. You did it. Don't waste court time. Guilty plea will get you credit of 30% off your sentence and lower costs. Don't risk a trial which would have £600 costs. Ignore the suggestions of that above - terrible advice . I expect you made admissions when pulled "I'm sorry I zoned out" etc and the officer will give evidence. It's harder to prove guilt with a speed camera but a police officer saw you and pulled you over and could give evidence at trial.

If the court are considering a ban they have to warn you and give you a chance to come to Court.

I work in this area.

I usually use the cruise control on the freeway and always on the wide open empty highways around here. It's easy to go to fast when there's no one else around - but I'm just talking a few miles over though.

"Mitigating circumstances"
You know you were speeding, they say you you were speeding. Not only were you speeding, now you want to lie about it.

New speeding fines from April 2017 attached

You might have slowed down as a result of this, but the fact is, you could have killed someone/multiple people that day.

I don’t understand why you’re questioning the time lapse and if you should contest it??? Erm, no! Suck it up and take responsibility. Don’t try to wriggle out of it.

You deserve a ban, and I hope you get one. I have no sympathy for you.

I think people should stop giving pseudo legal advise and you should seek opinion and representation from a qualified solicitor. There’s a reason we have trained professionals in courts of law.

*advice

The mitigating circumstances isn’t the fact that I “zoned out” the mitigating circumstances is the fact tht i live in a different country to my family, DH works away, and I can’t do my job, take TS to nursery, speech therapy etc.
I did zone out yes, but the car doesn’t sound any different I’m afraid.
I am incredibly lucky I didn’t hurt anyone else, and like I said several time in my op, I have slowed down and am much more careful.
Thank you to those who replied with helpful advice...

You need to get legal advice. The court has discretion over how they deal with this, and if you are represented correctly you may avoid a ban. See a solicitor asap.

Didn't David Beckham just recently get off a speeding fine or using his mobile phone whilst driving because they sent the letter too late, past 14 days. Legal advice all the way OP.

Well I would plead guilty - because you are - and write a covering letter explaining why your car/driving is essential to your/your family’s life & keep your fingers crossed. However I’d be prepared to have a hefty taxi bill coming up.

I’d read about DB which is why I’d asked the question.
Am not trying to actually contest is but just felt 5 months was a long time between the offence and NIP.

The mitigating circumstances is around the punishment not the crime in this case - the punishment needs to be proportionate to the crime - ie with x no of kids a non present partner and full time work loss of a license will cause unecessary hardship to more than just the OP.

If she also previously has a clean record that can also help.

I would take legal advise and go to court to represent yourself or if you can afford it have someone there - the impact of loosing your license is so high it would be worth the expenditure if it got you 9pts and a fine rather than a ban - provided of course no previous points

OP stop taking advice from random internet strangers who may or may not have legal experience. You need to find a qualified solicitor and ask them the best way to proceed.

My ex got caught doing 103 in a 70. He got 11 points and a £400 fine. It should have been an automatic ban but because he would have lost his job and I was a full time Carer for dc they let him off the ban.

This was quite a few years ago though.

I contacted a legal firm on Friday but no reply yet so thought I’d put in on here in the mean time.

Good. Then I’d wait to see what they say or contact another firm if you don’t hear back today. There are specialist firms who represent people with traffic offences. You have a mix of moral and legal advice on here and what you need is legal advice, from a qualified individual.

I was caught twelve years ago doing 110. I had no options on my form as the court would be considering a ban. I attended court and wasted almost a full day. In court I confirmed my guilt and then gave mitigating factors. Came away with six points and a fine.
There was a bloke that was there who had pleaded guilty by post but as he faced disqualification he was told the court wanted him in person, so if they want to see you they will reject the postal plea and write back.

*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.*

This.

I'm sure PPs would have a different opinion if it was their car that was slammed into whilst zoning out at that speed.

I know, I know and I don’t condone it either. I am remorseful and I understand how dangerous this is and it could’ve been a very different story.

I drive 1000's of mile on motorways each year with work seen some horrendous driving/speeding frightens the life out of me somedays.

108 mph 38mph over the speed limit is ridiculous. Zoned out in other words not paying attention thundering along at that speed you deserve a ban for everyone else safety .

bellaposey and rb68 are spot on. I have personal experience of this, and no, it wasn’t me. I don’t drive faster than 68 on a motorway because I don’t like them and other drivers on them.

dickhead DH was caught doing 120, Sunday evening, quiet motorway, no urgent appointments, no excuse.

Went to court, pleaded guilty, took a lawyer, explained the impact a loss of licence would have on all the people that worked for him. Six points, £700 fine plus court costs and victim surcharge (no other parties involved, not sure what that was for).

He didn’t get an automatic ban at all.

I did refuse to speak to him for a month though.