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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:
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Original poster
Kwbe · 31/03/2023 12:47

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

I’m not really sure it would be classed as mitigating circumstances? I assume the idea that it’s disruptive and a massive inconvenience is sort of the point? Would it be mitigating if he’s basically not seeing his child for half the week (I’d have to move in with my mum for childcare as can’t get dc to her other than by car and I can’t drive) and potentially breaks down his relationship ?
he can still get to work and I don’t think (although not sure) if he’s lose his job.

OP posts:
Original poster
Kwbe · 31/03/2023 12:48

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.

We’re struggling at the moment with money full stop so no he won’t have, another aspect of why I’m really upset about it all.

OP posts:
Original poster
Kwbe · 31/03/2023 12:52

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

Thanks, he has found a solicitor but they’ve said to contact them again when he gets a court date. Yeah it’s how much is affects me and dc that I’m so angry about but unsure if that’s something the court consider.

OP posts:
Original poster
Kwbe · 31/03/2023 12:57

VeggieSalsa · 31/03/2023 11:38

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).

Show quote history

Thanks again, this is making me think it might not be as horrendous as I’m imagining.

OP posts:
RB68 · 31/03/2023 12:59

It can be presented as mitigating circumstances in getting points and a large fine rather than a ban - but again the ban could be a short sharp shock - and I would be asking DH to cover the childcare at that point e.g. if 2 weeks. I suspect myself its likely to be longer though if they go that route.

Remember to the lawyer its an everyday thing so they do treat it in a blase fashion - I think they forget the impact on peoples lives (outside of the offender) they also deal with short termism in terms of things are taking so long to get to court at the moment that its pointless spending their time (and money) onit right now until a court date is in place and they then take details when they know something is happening. This works out in terms of what it costs your DH as well as Sol bill in minute by minute time spent - so a 20 min convo now is added to a bill payable who knows when a date is set and likely the same details need to be gone over

Viviennemary · 31/03/2023 13:02

If he can make up a tale about why he was speeding and say he will face financial ruin if he gets a driving ban that might work.

Puppers · 31/03/2023 13:06

StylishM · 31/03/2023 10:06

I think some of these replies are quite hysterical. Most jobs aren't impacted by a driving ban unless driving is a job requirement. He's likely to get a ban and a hefty fine but no reason to lose his job.

I would start looking into alternatives to getting to your mums or maybe look to take driving lessons OP so you can drive?

100MPH is fast but on a clear, open motorway in good conditions, in a modern vehicle in good repair, it's not particularly dangerous. I drive the M6 regularly and the police cruise at 75-80MPH when conditions allow. I'm not condoning the speeding but relationship ending? No.

Hysterical? Nice bit of casual misogyny to quieten down the women.

104mph is not in any way comparable to 75-80mph. That's a huge difference in terms of reaction times, stopping times, impact in a crash etc. It is dangerous. If anyone put my child in danger like that, it'd be the end of my association with them. If my husband endangered our child - and the children of other road users - in this way, I'd leave him and take whatever legal action I could to ensure he was not able to endanger my child again. You may be more blasé about your kids' safety than PPs, but it's certainly not an overreaction to re-evaluate the ability of someone like this to safely parent a child.

AnneElliott · 31/03/2023 13:26

As a civil servant you normally have to disclose any convictions, and my Department would expect to know you've been reported for speeding and would hold a disciplinary hearing. It's not automatic that you'd lose your job but I have known it to happen in some cases where it's considered the level of criminality is incompatible with being a civil servant. Definitely he should approach his union for advice on that.

LlynTegid · 31/03/2023 13:28

The courts are in my opinion far too lenient, so there is the possibility of a short or no ban. Legal advice has been sought which is the best course of action.

Original poster
Kwbe · 31/03/2023 13:29

AnneElliott · 31/03/2023 13:26

As a civil servant you normally have to disclose any convictions, and my Department would expect to know you've been reported for speeding and would hold a disciplinary hearing. It's not automatic that you'd lose your job but I have known it to happen in some cases where it's considered the level of criminality is incompatible with being a civil servant. Definitely he should approach his union for advice on that.

He’s told his line manager who just said to let him know what happens. He doesn’t need to drive for work and only has a regular dbs so think that would make a difference?

OP posts:
IWantToBeACat · 31/03/2023 13:32

Viviennemary · 31/03/2023 13:02

If he can make up a tale about why he was speeding and say he will face financial ruin if he gets a driving ban that might work.

Please don't advise him to lie to the courts. It will be obvious and will just make him look like a fool, they've heard ever excuse in the book. What tale could possibly excuse going 104 in a 70 limit with your child in the car?

Vliss · 31/03/2023 13:32

StylishM · 31/03/2023 10:06

I think some of these replies are quite hysterical. Most jobs aren't impacted by a driving ban unless driving is a job requirement. He's likely to get a ban and a hefty fine but no reason to lose his job.

I would start looking into alternatives to getting to your mums or maybe look to take driving lessons OP so you can drive?

100MPH is fast but on a clear, open motorway in good conditions, in a modern vehicle in good repair, it's not particularly dangerous. I drive the M6 regularly and the police cruise at 75-80MPH when conditions allow. I'm not condoning the speeding but relationship ending? No.

This, although I'd be pissed off with having a kid in the car.

Alexandra2001 · 31/03/2023 13:38

StylishM · 31/03/2023 10:06

I think some of these replies are quite hysterical. Most jobs aren't impacted by a driving ban unless driving is a job requirement. He's likely to get a ban and a hefty fine but no reason to lose his job.

I would start looking into alternatives to getting to your mums or maybe look to take driving lessons OP so you can drive?

100MPH is fast but on a clear, open motorway in good conditions, in a modern vehicle in good repair, it's not particularly dangerous. I drive the M6 regularly and the police cruise at 75-80MPH when conditions allow. I'm not condoning the speeding but relationship ending? No.

I used drive all over the country, around 35k to 50k per year, over 30 years.

Whilst i agree that modern cars on quieter M/Ways can easily travel very quickly & safely at high speeds..... i have never ever seen a Police car (Traffic) cruising at 75 to 80, its usually the opposite and they are in the inside lane, doing 65 and everyone slows to 69.9mph to over take them and tbh in the last few years, traffic cars are extremely rare on any road.

Anyone ending a relationship over this and with a child, must have other concerns.

cupofdecaf · 31/03/2023 13:42

3 of 5 screenshots of the sentencing guidelines

DP Speeding 104mph - what happens next?
DP Speeding 104mph - what happens next?
DP Speeding 104mph - what happens next?
cupofdecaf · 31/03/2023 13:43

Screenshots 4/5 and 5/5

DP Speeding 104mph - what happens next?
DP Speeding 104mph - what happens next?
cupofdecaf · 31/03/2023 13:45

OP does he have an points already? What's his driving record like? If he's a clean record 6 points or a 2 month disqualification plus a fine

TallulahBetty · 31/03/2023 13:45

Viviennemary · 31/03/2023 13:02

If he can make up a tale about why he was speeding and say he will face financial ruin if he gets a driving ban that might work.

So throw a bit of casual perjury into the mix? Yeah that's a good plan

Original poster
Kwbe · 31/03/2023 13:47

cupofdecaf · 31/03/2023 13:45

OP does he have an points already? What's his driving record like? If he's a clean record 6 points or a 2 month disqualification plus a fine

He did a speeding course a few years ago but has no points on his licence.

OP posts:
Original poster
Kwbe · 31/03/2023 13:48

TallulahBetty · 31/03/2023 13:45

So throw a bit of casual perjury into the mix? Yeah that's a good plan

Show quote history

He’s already sent the form
off to say he’s guilty and he won’t be lying as I feel he would totally get caught out and it would be so much worse

OP posts:
cupofdecaf · 31/03/2023 13:52

Hopefully you can manage childcare if he gets a short ban using leave. Remember there's emergency parental leave as well.
His solicitor can explain it to the court and see if they'll give points instead.
I would suggest you learn to drive though. Partly because you don't want to be reliant on him for getting about, but also his insurance is going to be super high if he's disqualified (when he can drive again).

Didgerydoo · 31/03/2023 13:52

People who are talking about a year are needlessly catastrophising. Happened to me and Ii only got a ban (14 days) as I already had three points.
Hi shouldn't have told his bosses -absolutely nothing to do with the job.
Even if he does get 7 or 14 days ban, surely he can just take annual leave to do childcare or could your mum just come and stay with you for the week.

Original poster
Kwbe · 31/03/2023 13:57

A short ban, logistically, would be fine in that we could take leave etc but if it’s like 6 months to a year that’s when it becomes very very difficult and a lot of people have said that length is likely.

OP posts:
ThreeLocusts · 31/03/2023 14:10

Hi OP, so sorry what a shit situation. Just to say, if he does get banned and your mum doesn't live too far away, a transport tricycle is your friend. I recommend the nihola. (Not legal advice I know but at least practical.)

Original poster
Kwbe · 31/03/2023 14:14

Didgerydoo · 31/03/2023 13:52

People who are talking about a year are needlessly catastrophising. Happened to me and Ii only got a ban (14 days) as I already had three points.
Hi shouldn't have told his bosses -absolutely nothing to do with the job.
Even if he does get 7 or 14 days ban, surely he can just take annual leave to do childcare or could your mum just come and stay with you for the week.

Thanks that gives me some hope
it might not be too horrible. Again not that I think he doesn’t deserve to be punished but more glad it won’t affect me or dc as badly as I’m thinking/has been said.

He has to tell work, he’s a civil servant and has a dbs check so needs to inform them of stuff like this, as it’s 100mph or more, from what I read anyways, it’s considered a criminal offence so he’s had to tell them, they’d find out anyway.

OP posts:
thebaneofmylifeisacat · 31/03/2023 14:16

I thought it was an outright ban over 100 in the uk.

What a prick he sounds I would never trust him to drive me or my child again.

Shocking behaviour