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Original poster

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

136 replies

Slowdown108 · 08/07/2019 00:12

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.

OP posts:
purplelass · 08/07/2019 09:45

ExH got caught doing 103mph on the M3.

He spent ages writing out his mitigating reasons to take to court. Can't remember what they were now but he definitely needed to drive for work.

They didn't even give him a chance to give them his reasons, they simply weren't interested. He got banned for 6 weeks with a fine.

prh47bridge · 08/07/2019 09:48

I hope you get a lengthy ban you shouldn't be on the roads

The sentencing guidelines for this speed are a band C fine coupled with either 6 points or a disqualification of between 7 and 56 days. The court can consider a longer disqualification but I doubt they will go beyond 56 days. The OP should get a reduction for pleading guilty.

LauderSyme · 08/07/2019 10:00

You are saying all the right things here OP and I'm sure you do genuinely mean them, but I can't help wondering whether you would be feeling remotely remorseful if you hadn't been caught.

MadamePompadour · 08/07/2019 10:03

My ancient car shakes like mad when it gets to 70mph, it's like an unintentional built in speeding alert! Grin

Original poster
Slowdown108 · 08/07/2019 10:15

@LauderSyme I take your point- but I promise this whole process has changed my driving and lifestyle, not having a car tht easily gets to over 100mph, and not going working for employers that have too high expectations on how much you can fit in in one day. I am genuinely sorry to others on the road and fully understand how dangerous I was. I’m embarrassed at the situation and mortified that I was even capable of it.

OP posts:
Isatis · 08/07/2019 10:16

Bear in mind that most speedos underread significantly.

Not true. If anything, they tend to overread, i.e. show the car as going slightly faster than it is.

sleepingbelvi · 08/07/2019 10:26

My ancient car shakes like mad when it gets to 70mph, it's like an unintentional built in speeding alert!

Have you have your tyres and wheel alignment checked?

If you car starts shaking at speed it has something g wrong with it. I would get the tyres and brakes checked ASAP; if that throws up nothing then it needs to be investigated further.

MadamePompadour · 08/07/2019 10:32

Yes, I've had it checked. One of the wheels isn't quite round. Garage said it's safe, doesn't affect anything apart from the shaking at higher speed.....it's more of an intense vibration.

LauderSyme · 08/07/2019 10:37

@Slowdown108 All beneficial changes which can only be good for you and wider society, so that's great. I suppose the justice system exists not only for punishment but also to encourage self-reflection and motivate better attitudes and actions, so no one can really expect more from you than that.

LimitIsUp · 08/07/2019 10:43

As others have said - attend court, plead guilty, show remorse and take a decent solicitor

I received a 21 day ban after totting up 12 points in 3 separate offences (over a 2.5 year period) and a small fine. It loaded my car insurance to £2000 per year for 3 years (despite no claims bonus). I managed to get insurance down to £600 in my 4th year, and by Feb 2020 I will have a clean licence.

The ban could have been longer than 21 days, but going and showing genuine contrition helped

Rivkka · 08/07/2019 10:44

Wow that is fast.

Speak to your solicitor and take their advice.

SoupDragon · 08/07/2019 10:45

Bear in mind that most speedos underread significantly.

Not true. If anything, they tend to overread, i.e. show the car as going slightly faster than it is.

I agree. I would say that none show you as going slower than your u actually are. I thought they were generally calibrated that way (perhaps to avoid lawsuits against the car manufacturers!). It's obvious when I am driving with a Sat Nav.

If you stick to keeping the speed on your speedo within the speed limit you will be fine.

FinallyHere · 08/07/2019 10:57

It would be madness on the part of motor manufacturers to sell cars those Speedo routinely underreported the actual speed.

People would sue (I know. I know) claiming they had been guided by the speedometer to exceed the speed limit.

Car speedometers are therefore set to slightly underreport speed. There are (very discrete) signs on motorways that let you check the calibration. Quite close to the ground, on a short post, Small circle, divided into four quarters, in two colours to mark quarter, half, three quarters and a full mile.

You can also compare to a not built in say nav to see the difference.

prh47bridge · 08/07/2019 11:52

I would say that none show you as going slower than your u actually are. I thought they were generally calibrated that way (perhaps to avoid lawsuits against the car manufacturers!).

The law is that a speedo must never show less than the actual speed and must never show more than 110% of actual speed plus 6.25mph. So, if the police clocked the OP at 108mph, her speedo would have been showing at least 108mph and could have shown anything up to 125mph. However, most speedos are reasonably close to reality so I suspect it was showing less than 115mph.

RosaWaiting · 08/07/2019 11:57

shocking thread

I think this should be an instant ban. and there are no mitigating circumstances here at all.

Original poster
Slowdown108 · 08/07/2019 12:12

@RosaWaiting Thank you for your opinion on whether it should be a ban but that wasn’t actually what I was asking

OP posts:
thedancingbear · 08/07/2019 12:13

There is mitigation, though. She was in a rush - she said so in the OP.

fraxion · 08/07/2019 12:17

LimitIsUp made a good point, you have to inform your insurance of any ban, points etc.

RosaWaiting · 08/07/2019 12:17

OP you posted for traffic and on a public forum so you have to suck up random comments

other posters have said what I've said.

dancingbear is "in a rush" a mitigating factor legally?

stillmoving · 08/07/2019 12:18

There is mitigation, though. She was in a rush - she said so in the OP.

That's not mitigating circumstances.

Nicknacky · 08/07/2019 12:18

thedancingbear I assume you are joking?

Original poster
Slowdown108 · 08/07/2019 12:25

My mitigating factor wasn’t tht I was in rush.
I have these and my solicitor has helped me construct a case to present these.
I am fully expecting a ban and I’m grateful no one was hurt or no damage or injury was caused. It has slowed me down for sure.

OP posts:
LimitIsUp · 08/07/2019 12:30

My ban slowed me down too OP. My actual offences weren't that heinous - 79 in a 70, 35 in a 30 (huge wide road, assumed wrongly it was a 40) etc etc, but they were admittedly still over the speed limit and a fair cop guv'nor. I now drive super sedately (often with a bunch of cars up my posterior chomping at the bit)

Revelation - I actually enjoy keeping my speed low. Driving is now so much more relaxing (tailgaters aside)

FinallyHere · 08/07/2019 13:03

Cruise control is a blessing

purplelass · 08/07/2019 13:13

I have these and my solicitor has helped me construct a case to present these.

Is your solicitor going to court with you? When ExH went to court (without a solicitor) he didn't get to bring up his mitigating circumstances, etc. Hopefully if you have a solicitor with you this won't be an issue.