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.

I have a friend who was recently caught doing over 100mph. He didn't get a ban, he only got a fine and points.

He is still speeding....

Although a ‘zoned out’ at 108mph would make me look for Due care and attention.

Pleading guilty doesn’t ‘do the police’ job for them’, they’ve got the evidence. Pleading innocent when there’s solid evidence against you generally doesn’t go well in court.

Attend, and make your excuses in court.

Thank goodness you got caught, you could have lost control of the car and caused a serious collision.

Even if you opt for not going to court, on the day they can request you go and they will then reschedule a date . You may not get banned.

They have 6 months to start a prosecution, so they're within the time limits. Please go with aurynne's excellent advice.

Didn't Beckham get away with speeding because of a technicality regarding the timing of the summons or something?

Surely the summons is "going to court" in the it's being dealt with by the court. The fact it's giving you the option to admit guilt and not physically turn up is neither here nor there.

Lesser speeding offences are dealt with by an immediate fixed penalty.

I'd think you're looking at a ban too. The opportunity to go to court is to plead your case and avoid a ban. Opting out of court takes that away from you.

Very likely the legal people will advise you to contact them when you have a date for a court appearance.

An unintended consequence of the local authority spending cuts is that our local magistrates court has had to prioritise cases involving children and domestic violence.

Traffic cases hardly ever actually gone to court.

108? Good Lord. You need to be taken off the roads

I think go to court and represent yourself as best you can. And I don't mean legally represent yourself, I'd suggest you get a solicitor.

My ex accountant got a six month prison sentence for driving at 112mph on a dual carriageway. Admittedly this was 20 years ago when the prisons weren't so full but I believe it was his first offence.

If I was you having a ban would be the least of my worries.

Definitely get a solicitor to go to court with you. Don't just plead guilty by post because they do deal with it more harshly in your absence.

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.

I wouldn't say this TBH. You were 38 mph over the limit, you can really do that without being aware you're driving at speed.

I'm not saying this in a judging way, I've previously driven at those kind of speeds. Have to say since I've done my speed awareness course (which was actually very good) I always put my speed limiter on now.

In your circumstances I think I would go to court and plead for leniency due to exceptional hardship if you lost your licence. You might want to ask at court to also be referred for the speed awareness course - it's completely changed my view of speeding and I was very cynical about it before attending.

When I worked in enforcement (quite a while ago) you had 6 months to get a case to court (I dealt with car tax).

You need to go guilty and go to court. Dress nicely and be incredibly polite and apologetic. Anything else will not endear you to anyone. You will have to hope you get a magistrate in a good mood as there is no excuse (as you know) for doing that speed. Hopefully you will get a bollocking, points and a fine if you haven't got form but you do need to prepare yourself for a ban for over 100.

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.

This only applies when you're caught by camera evidence but not spoken to at the time - the letter is then the 'Notification of Intent to Prosecute'.

If, like the OP, you are pulled over and a Police Officer gives you a verbal Notification of Intent to Prosecute it doesn't apply as you have had it immediately in person.

...they then have up to six months to send the actual court summons. OP got it in five months.

OP, the police must send a NIP within 14 days and you could argue against the prosecution on the basis of expiry of time limit.

I am not excusing OP’s excessive speeding, but in your situation it is worth spending money obtaining legal advice from a motorist lawyer if you are unsure.

They have 6 months to actually start the prosecution op. When it comes to mitigating circumstances think family member being rushed to hospital, child has just had an accident at school, partner in labour in back of car, sick child in car and your rushing to hospital. All things could easily cause panic in people and cause speeding.
Sorry op zoning out is not mitigation, no one should be on the roads at times like this it is just dangerous, as an ex copper if you said this to me I would use that against you to push for heavier punishment.
If something in your life is zoning you out you need to be responsible and either dont drive or focus. Stop trying to cop out, I actually hope the courts ban you and rally bollock you for this.

I think you need a better excuse then “I zoned out” for doing over 100mph 🤨

You don’t have an excuse so there for you can’t really do anything other than plead guilty. There’s a high chance you will lose your licence.

There are how ever some loopholes and I know someone who got out of it altogether due to finding one. Get leagal advice and you might get out of it. And stop speeding, I have been caught several times (only doing 35 in a 30) and it’s just not worth the risk, I decided to buy a car that does not go very fast, and a car with cruise control.

The police have 14 days from the date of the traffic offence to send a NIP. They then have up to 6 months to serve a summons. It seems the police have not complied with the time limit for issuing the NIP.

Bear in mind that most speedos underread significantly. So 108 on OP's speedo, is probably closer to 120mph on the dial.

Points and a fine? Fuck me. You should be in prison, OP.

By your own admission you "saw the open road and put my foot down.." 108mph FFS

You've not learnt any lessons at all as you're here trying to justify yourself and look for loopholes as you already "kind of thought you'd got away with it".

"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 am not allowed to drive for medical reasons and hearing you moan and justify yourself like this is infuriating. This is my life through no fault of mine (and I am disabled so it's even harder). Ive lost my independence, my DC and my DH have their lives made harder and none of us asked for this. You made your choices and now you're trying to weasel out of it.

So I want to say tough fucking shit. I think you should be banned and suck up the cost and time of public transport or taxis.

You've not learnt any lessons or you wouldn't even have posted asking about the five month thing and soliciting advice about mitigating circumstances etc.

People here have lost family members and children due to stupid irresponsible people like you. I hope you are banned and I hope your insurance is hugely expensive for when you inevitably get let loose on the road again. It sickens me that people like you choose to take the risk of killing people and are allowed back behind the wheel, whilst mouthing platitudes.

And people advising you how "to get out of it" are just as bad. It's only luck (and the fact you were stopped) that you didn't cause an accident which would have been fatal.

You deliberately acted in a fashion likely to kill people and people are trying to help you get away with it.

For everyone giving this helpful advice, would you be doing it if OP choose to drink drive, or take drugs and drive? I doubt it, so why are you doing it now? I'd really be interested in an answer to that.

Ffs what do you want from her, a blood sacrifice?

It’s done now and she has said repeatedly she knows it was wrong. Stop playing misery top trumps!

And others - what do you think berating her after the fact, after she’s said she knows it was wrong, is going to do?

@Slowdown108 hopefully the solicitors you contacted will get back to you today. If not, I’d look elsewhere for actual legal advice.

@bevelino the police officer telling her about the upcoming summons IS a NIP.

Speak to a solicitor for advice on how to proceed. They will help if you understand if you have any mitigating reasons worth mentioning.

Having a lot on and being late for a work appointment is not a mitigating reason to drive in excess of 100 mph and more likely to piss the judge off. I actually can't think of a mitigating reason for the speed you were doing, might be better sticking with showing remorse.

Guys I’m not saying I’m not guilty or looking for any loopholes...thanks to those who told me about the NIP immediately at the scene and the fact the police have 6 months to send paperwork. And I’ll wait for solicitor to get in touch to work out what would be better; rather not waste court time and money and ask to not go to court or to select to go to court and then explain.
In the pack there are forms to fill in regarding income and circumstances, so there is an opportunity to write my mitigating reasons there.
I know I am in the wrong and I’m guilty- I should have thought more about my circumstances while driving.
I have since changed car (it was a company car given to me) and jobs on the strength of the undue pressure I was being out under to get to meetings. I will be telling the courts this too.

Sorry for your circumstances Webuiltciscityonsexistroles

Thank you Ivanapee...