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Original poster

DP Speeding 104mph - what happens next?

177 replies

Kwbe · 31/03/2023 09:42

My partner got caught speeding (104 on a motorway) with our child in the car (I wasn’t there).
He’s had a court summons for the magistrates but no date yet.
As far as I know it’s just a summons for speeding.

I’m so so angry with him, it was so dangerous and stupid and selfish. And basically it’s made me question our entire relationship and the sort of person/father he is.

so what can I expect to happen next from a legal/repercussions stand point?

As far as google says he could (very likely) face a driving ban, maybe lose his job (he’s a civil servant) and a hefty fine.
Is that about right?
can he drive until he goes to court?

he’s been in touch with a solicitor, well a few, and they’ve all been a bit vague, said get back in touch when he has a court date, it’s been 3 weeks now and no letter/date as yet.

any advice/personal experiences would be really appreciated. I’m so anxious about it all and can’t but think the worst of the worst.

thanks so much x

OP posts:
Thread gallery
7
MrsSkylerWhite · 31/03/2023 10:33

CattySam · Today 10:20
He was a total idiot but we all make mistakes. I’m sure he feels bad enough and will learn his lesson”

Very much doubt that someone flashed at 104 was a one off, just the first time he’s been caught. With his child in the car? Arsehole.

Sorry, OP but I hope the book is thrown at him.

Can you learn to drive? He wouldn’t be driving my child again.

MuthaHubbard · 31/03/2023 10:34

Tut, no edit function - exceptional hardship not statutory declaration

PritiPatelsMaker · 31/03/2023 10:37

Sorry yes, @MuthaHubbard is right. It's more likely to be 12 points and no ban if his claim for exceptional hardship is successful.

Hope he has some money saved for the fine and his new insurance quote OP.

NeedToChangeName · 31/03/2023 10:39

I'm sure he'll be disqualified

Can't see why he would lose his job, if his job doesn't require him to drive

I have no sympathy for him, I'm afraid. That's a crazy speed

Appreciate it puts you in a difficult position though.

NeedToChangeName · 31/03/2023 10:40

MuthaHubbard · 31/03/2023 10:32

It is highly likely he will lose his licence and be fined. Fine will be a percentage of salary.
He can make a statutory declaration to the court and there may be a v v v slim chance they will allow him to keep it but award 12 points. However, this is usually if there is genuine threat of loss of livelihood, medical need or huge financial loss whereby in turn mortgage not paid etc. This as I've said is v slim and v rarely accepted.
The fact that he had a child with him will not be taken lightly either.

@MuthaHubbard I'm not sure an "exceptional hardship" claim would be successful. Speeding = loss of licence = inconvenience + additional cost kind of goes with the territory. I would think exceptional hardship needs to be higher stakes than that

wimbler · 31/03/2023 10:41

The fine will be based on his income. the higher his income, the higher the fine. I suspect he will be banned though (and rightly so)

TheTempest · 31/03/2023 10:42

My DH was caught doing a similar speed when he was 21 (long before we got together). He had a very good solicitor and got 9 points and a 3k fine. All in all it cost him about 6k! He was incredibly lucky not to lose his licence and it taught him a very big lesson.

The child being in the car may be an issue for him, it indicates a level of recklessness and could be a factor in sentencing. I recommend that your DP gets a specialist solicitor for this kind of thing, gets them on board asap and tried to come up with a decent defence.

Good
luck, but remember you didn’t do this, and it’s not your fault. What you do going forward is going to be tricky, all you can do is make the decision you think is best for you and the DC.

ConnieSaks · 31/03/2023 10:43

I understood it not to be an automatic ban - though likely. I received a £100 fine only for 102 on a motorway. However this was a fair few years ago and my friend (a magistrate’s clerk) gave me some pointers on what to write to the court (plead guilty by post and include not involved in accident etc plus mitigate as much as possible).

Unless the rules have changed, then I understand if the court intend to ban your DP will need to attend in person - so you will know if that is likely.

Unless (and until) a ban is imposed your DP can continue to drive. IANAL though and my case is from the end of the 20th century so legal advice from a criminal solicitor (or a friend who is a current magistrate’s clerk!) might be better!

minou123 · 31/03/2023 10:48

Does he have any previous speeding fines?

That might factor in.
If he has been caught speeding in the past and been fined/speed awareness course, I can't imagine the magistrate will be very impressed.

Original poster
Kwbe · 31/03/2023 10:52

minou123 · 31/03/2023 10:48

Does he have any previous speeding fines?

That might factor in.
If he has been caught speeding in the past and been fined/speed awareness course, I can't imagine the magistrate will be very impressed.

He did a speed awareness course quite a few years ago now, I can’t remember the exact speed but he did something like 34 in a 30.

im basically expecting the worst (ban, fine, a criminal record, the lot really) but not sure if I’m catastrophising or just being realistic as it’s a massive screw up.

OP posts:
VeggieSalsa · 31/03/2023 10:55

I’m a magistrate, and I would almost certainly be giving him 6 points on the facts you’ve shared.

I might consider a 7
-14 day ban, but I tend to find the points lingering on the licence are a better deterrent (plus I’m sure you could navigate a 7 day ban easily enough).

He might have a case for exceptional hardship if there was a ban, which is again why I’d likely favour points.

So it’s not impossible he will get a short ban, but I would say unlikely if he doesn’t have any other points on his licence.

Whatthediddlyfeck · 31/03/2023 10:58

Kwbe · 31/03/2023 10:52

He did a speed awareness course quite a few years ago now, I can’t remember the exact speed but he did something like 34 in a 30.

im basically expecting the worst (ban, fine, a criminal record, the lot really) but not sure if I’m catastrophising or just being realistic as it’s a massive screw up.

Show quote history

Don’t catastrophise about the criminal record, it’s “just” on his driving record, speeding doesn’t carry a criminal record, but best to prepare for the worst and hope for the best. (Drink/drug driving gets a criminal record though)

Original poster
Kwbe · 31/03/2023 11:19

VeggieSalsa · 31/03/2023 10:55

I’m a magistrate, and I would almost certainly be giving him 6 points on the facts you’ve shared.

I might consider a 7
-14 day ban, but I tend to find the points lingering on the licence are a better deterrent (plus I’m sure you could navigate a 7 day ban easily enough).

He might have a case for exceptional hardship if there was a ban, which is again why I’d likely favour points.

So it’s not impossible he will get a short ban, but I would say unlikely if he doesn’t have any other points on his licence.

Thank you that’s really helpful.
I think he deserves a ban and a fine etc. to be honest.

He has done a speed awareness course a good few years ago and has no points on his licence.

Some have said having our child in the back makes a difference, does it?

If it were quite a short ban then we could work out the childcare, but anything that’s a bit longer, like 6 months or a losing his licence would be very very difficult, I’d basically have to move in with my parents and he certainly wouldn’t be welcome. However, I’m guessing that’s enough for a hardship plea as he can still get to work.
He’s contacted a few solicitors who’ve said to get back in touch once he has a court date.

OP posts:
TallulahBetty · 31/03/2023 11:24

VeggieSalsa · 31/03/2023 10:55

I’m a magistrate, and I would almost certainly be giving him 6 points on the facts you’ve shared.

I might consider a 7
-14 day ban, but I tend to find the points lingering on the licence are a better deterrent (plus I’m sure you could navigate a 7 day ban easily enough).

He might have a case for exceptional hardship if there was a ban, which is again why I’d likely favour points.

So it’s not impossible he will get a short ban, but I would say unlikely if he doesn’t have any other points on his licence.

Curious as to why you'd be so lenient at that speed, and with a child in the car?

MrsSkylerWhite · 31/03/2023 11:24

ConnieSaks · Today 10:43
….. However this was a fair few years ago and my friend (a magistrate’s clerk) gave me some pointers on what to write to the court (plead guilty by post and include not involved in accident etc plus mitigate as much as possible).”

Am I the only one to find this shockingly unprofessional?

VeggieSalsa · 31/03/2023 11:38

TallulahBetty · 31/03/2023 11:24

Curious as to why you'd be so lenient at that speed, and with a child in the car?

Show quote history

6 points is the starting point for 101+ in a 70, and 104 isn’t much above that.

The child is an aggravating factor, however the ban range for that speed is 7-56 days and I don’t think it would aggravate to more than 14 day ban, and i think 6 points is a greater inconvenience/punishment than a short ban (that might be avoided with an exceptional hardship claim).

RB68 · 31/03/2023 11:42

I would get him some legal advice, not to avoid the punishment but to make sure its something that effects him rather than you so much - so the websites are saying above 101 ban or 6 pts depending on certain factors - a lawyer will know how to plead the case to get them to consider alternative to a ban.

Not that those sorts of speeds can be condoned etc but it isn't fair that you effectively end up with the punishment as I doubt he will be taking a sabbatical from work to do the childcare

MuthaHubbard · 31/03/2023 11:47

NeedToChangeName · 31/03/2023 10:40

@MuthaHubbard I'm not sure an "exceptional hardship" claim would be successful. Speeding = loss of licence = inconvenience + additional cost kind of goes with the territory. I would think exceptional hardship needs to be higher stakes than that

Show quote history

@NeedToChangeName - I doubt it also but was trying to give a full picture.
Given the recent update around already being sent on speed awareness, I would think ban is a definite

NeedToChangeName · 31/03/2023 11:50

@MuthaHubbard Yes I agree the previous speed awareness court is an aggravating factor, as it shows he hasn't previously learned his lesson

I expect he'll be disqualified from driving. And rightly so, to protect other road users

MuthaHubbard · 31/03/2023 11:52

I have only seen the hardship card be accepted once or twice - once where a chap cared for elderly disabled mother daily and once where guy was breadwinner for family of 6 and would lose job if unable to drive as was a requirement of the position, in turn meaning likely unable to pay rent.
Different courts/forces have different bans etc but surprised at @VeggieSalsa leniency - I've only ever seen bans of 12 months or more.

Original poster
Kwbe · 31/03/2023 12:00

MuthaHubbard · 31/03/2023 11:52

I have only seen the hardship card be accepted once or twice - once where a chap cared for elderly disabled mother daily and once where guy was breadwinner for family of 6 and would lose job if unable to drive as was a requirement of the position, in turn meaning likely unable to pay rent.
Different courts/forces have different bans etc but surprised at @VeggieSalsa leniency - I've only ever seen bans of 12 months or more.

Thanks that’s helpful and what I’m afraid of basically, I don’t know how we’ll
manage childcare with a ban that length, I know that’s the idea of the punishment though, I’m not disputing that he deserves it, more just that it won’t only affect him. And if he gets a ban like that I just don’t know if I could get over how much it’s completely disrupted mine and my child’s life.

OP posts:
Im99912 · 31/03/2023 12:42

He will get a court date within 6 months
I think from memory they have six months to do this otherwise it’s thrown out of court

I can personally recommend Pattersons Solicitors who specialise in all types of speeding / driving problems

will cost around 1100 -1200 for them to represent you in court which is worth it if you think he has mitigating circumstances that can affect other people

otherwise he is looking at a min 1 year ban
and points on his licence probably between 6 -9 points and a fine which is usually a percentage of his weekly/ monthly wage

Original poster
Kwbe · 31/03/2023 12:43

MrsSkylerWhite · 31/03/2023 10:33

CattySam · Today 10:20
He was a total idiot but we all make mistakes. I’m sure he feels bad enough and will learn his lesson”

Very much doubt that someone flashed at 104 was a one off, just the first time he’s been caught. With his child in the car? Arsehole.

Sorry, OP but I hope the book is thrown at him.

Can you learn to drive? He wouldn’t be driving my child again.

I’ve just started lessons because of this, but honestly im rubbish and hate driving so it’s not a quick solution.

OP posts:
Im99912 · 31/03/2023 12:44

He might be able to get less than a year if he can plead mitigating circumstances but will definitely get around 6 points

Original poster
Kwbe · 31/03/2023 12:45

Im99912 · 31/03/2023 12:42

He will get a court date within 6 months
I think from memory they have six months to do this otherwise it’s thrown out of court

I can personally recommend Pattersons Solicitors who specialise in all types of speeding / driving problems

will cost around 1100 -1200 for them to represent you in court which is worth it if you think he has mitigating circumstances that can affect other people

otherwise he is looking at a min 1 year ban
and points on his licence probably between 6 -9 points and a fine which is usually a percentage of his weekly/ monthly wage

Thanks that’s helpful and yeah, again what I’m afraid of basically. A ban that long is a massive disruption, I don’t think I could keep going with the relationship in those circumstances. Equally I don’t want to do this all on my own but I don’t know what else to do, I see it as a huge breach of trust.

OP posts: