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.

Thedancingbear...108 is what the traffic officer clicked, not my speedo.

Clocked

Oh do one Ivana I don't think giving the OP some context so she knows how bloody lucky she is, is playing "misery top trumps"

If someone posts in AIBU about doing 108mph and their "mitigating circumstances", they're not going to be patted on the head or excused (although there are a fair few dickheads doing this tbf).

For my curiosity, would you be sympathetic if she had been drink driving or driving under the influence of drugs?

As PPs have said they have 6 months to send out the nip pack, they've done that. You will get a very large fine, victim surcharge (on all offences) and costs. Your mitigations (young child, no public transport, partner away etc) for a ban are usually better argued in court as you can show your remorse. I wouldn't tell them you were speeding because you zoned out or because you were under pressure from your employer to get to meetings, it's unlikely to be viewed sympathetically by a magistrate. If you do escape a ban is likely to be for your child's sake as they have medical appointments and their father works away and that driving is essential for your job. If you have any previous for speeding this will be taken into account.

But I wasn’t taking drugs or drinking...I get your point but I was merely asking a few questions about the process. I totally get your responses—and knew I’d get flamed (I deserve to) I’m def not looking for sympathy or pats on head.

Yip, it happened to my dh and it was a good few months before a similar form came through. He ticked the second box then a few weeks later got a fine and 6 penalty points.

He wrote mitigating circumstances as he was stressed. It made no difference.

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

The OP was pulled over. As others on this thread have correctly said, that means the 14 day limit does not apply. The 6 month limit is the time the CPS have to issue proceedings, not to serve a summons. The offender does not have to receive the summons in that time.

I have learnt my lesson, I’m not moaning, am just giving all the info so people know.

@WeBuiltCisCityOnSexistRoles sorry you are so offended by this post

candodad “. 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.”

The fucking arrogance of “wasted a full day”.

The point is you did turn up, admit guilt, present mitigating factors and probably on doing so avoided a ban.

But moaning about ‘wasting’ time being held to account in our justice system makes you look a twat.

You’re “giving her context” based on your circumstances which have precisely zero to do with OP’s.

She wasn’t driving drunk. She wasn’t on drugs.

And like I said, it’s done and everyone is still alive so what is it you want from her?

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.

I think that is only when speeding is caught on camera. The OP was pulled over and told the possible consequences.

vhsfletchers.co.uk/new-speeding-penalty-guidelines/

Why do people ask for important factual legal information in AIBU instead of ‘Legal’?

As far as I can see you have one answer from anyone actually involved in policing / law.

When a car does over 90 you can feel the change in the car

Not all cars are the same!

WRT "zoning out" I do find that I can do this insofar as my mind is completely on the road and not taking time out to check my speed. Sometimes i have a "shit!" moment when i realise I'm over 80mph in a 70.

I hope you get a lengthy ban you shouldn't be on the roads. I don't care if you don't want to hear it that is utterly ridiculous. Police officer here who regularly has to scrape people and their various body parts off the roads, and then go and tell their families because of people like you. The fact you admit you zoned out proves to me you should not be driving a car. And it's no good bleating about how much you need your license now, you should have thought of that. I hope they throw the book at you.

Maybe you should make some life changes which get you off the road.

IMO if you can get to that speed without realising you clearly lack the awareness to be on the roads.

a. when you were pulled over it is likely that you would have been given a verbal NIP, the wording of which is something like "i am reporting you for consideration of the question of prosecuting you for the offence of xxx". The officer would have noted this and any response you gave in their pocket notebook and got you to sign. if a verbal NIP has been given there is no requirement to duplicate it with the written NIP in 14 days as there is with a camera.
b. fill in your mitigation. i once had a drink driving nurse let off a ban because she argued that she was very remorseful, it was her only driving offence, she was a single mum and a district nurse who relied on her vehicle. A ban would have resulted in her losing her job . She got a massive fine but avoided a ban.
c. get legal advice but i see that you have already done this so that's good.
d. ignore the people haranguing you, you quite clearly know it was a stupid thing to do.

108 is bloody madness .....

I'd chase the solicitor- you will have a limited time to respond

OP I admit there may be an element of bitterness projection in my posts! It does anger me though that I'm deemed unsafe to drive yet you (by your own admission) were very unsafe behind the wheel, yet get a slap on the wrist and allowed back on the road.

If I am ever deemed safe (controlled epilepsy) and allowed my licence back I will have to jump through more hoops (for want of a better word) than you will. It does rankle, and I'm sure you can understand why. It isn't "misery top trumps" (I know you didn't say that bit yourself) but more to point out how fortunate you actually are despite your actions.

(Not directed at you OP as I can see that you get this)

People really need to understand what mitigation and mitigating circumstances are!

Mitigation is not an excuse for why you committed the offence- “I was stressed”,”my company put me under too much pressure”, “I was rushing to hospital”, “I just lost concentration”. Nobody gives a shit about any of that when the facts show you drove at the speed recorded.

Mitigation is a set of reasons why the proposed penalty would be disproportionately harsh for you- “I can’t get my kids to school without a car” “I am unable to use public transport due to disability” “my elderly mother relies on me to drive her places” “I will lose my job if I lose my licence” and “I am extremely remorseful and this has never happened before”.

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.

Sounds like you could do with some driving lessons. You’re supposed to drive to the limit unless conditions make it unsafe. People driving too slowly make it more dangerous as it causes unnecessary overtaking.

I wonder if the judges (or magistrates?) ever hear the mitigating circumstances and think "yes, and so what? Everyone else is in the same boat". David Beckham really pissed me off, he could afford a bloody chauffeur

If you're an unsafe driver, you're an unsafe driver yet those who are deliberately unsafe and make life threatening decisions are allowed to beg special treatment for mitigating circumstances. It does annoy me and doesn't seem fair. Perhaps if this just wasn't allowed, people would be less likely to speed. Or drink drive etc.

@Abra1de driving at 68 is as good as driving at 70, especially with the tendency of speedos to under record. Stop making pedantic points!

@poppythetroll I’m pleased that the only copper on the thread is the one actually asking about proof and evidence of the speed.