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Legal matters

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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
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Kwbe · 31/03/2023 14:17

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 manager who just to let him know what happens but hasn’t mentioned any further actions apparently, which seems out to me? He’s at land registry so perhaps it’s different for their department, I’m unsure.
He’s emailed the union but no response so far.
thank you for your advice, I really hope he won’t lose his job as that would be absolutely the worst case scenario.

OP posts:
Nailsandthesea · 31/03/2023 14:19

You need to learn to drive and be independent

twolilacs · 31/03/2023 14:22

There was an awful tragedy near me the other day. The driver survived, the passenger was killed.

Now think about whether you will ever let him drive your dc anywhere ever again.

illiterato · 31/03/2023 14:22

Mt friend got done for 80 in a 50
( one of those temp things with cones) and got a 2 week ban and a fine. It helped that she was extremely contrite. Don’t underestimate that.

RB68 · 31/03/2023 14:25

DH wont have to make up any tale. He has plead guilty so its just "sentencing" when that happens the solicitor for the accused makes a plea with regard to sentencing - ie hardship it might make, loss of job, disabled child, one parent family etc etc and asks the judge to consider sentencing that would allow them to fulfill other responsibilities like family needs

Please consider OP MAY NOT be allowed to drive - its more common than you think - eye condition, stroke survivor, other physical disability, epilepsy etc.

However if you do go down the route of learning to drive go for automatic far easier in later life and electric and hybrid cars are all like this so won't be so unusual in future

Coffeecoffeeinmytummy · 31/03/2023 14:25

Sorry but if he’s a civil servant he has a professional and reasonably well paid job. I hope he doesn’t get to plead exceptional hardship. He will still be able to keep his job even if he does get banned. He should be fined and banned IMO. People are always trying to come up with an excuse for their behaviour or get out of the consequences. It would be immoral for him to claim extreme hardship if he is still able to keep his salary. Plus his behaviour could have killed someone (possibly his own child), he should pay the fine.

Kwbe · 31/03/2023 14:27

Coffeecoffeeinmytummy · 31/03/2023 14:25

Sorry but if he’s a civil servant he has a professional and reasonably well paid job. I hope he doesn’t get to plead exceptional hardship. He will still be able to keep his job even if he does get banned. He should be fined and banned IMO. People are always trying to come up with an excuse for their behaviour or get out of the consequences. It would be immoral for him to claim extreme hardship if he is still able to keep his salary. Plus his behaviour could have killed someone (possibly his own child), he should pay the fine.

He earns 20k so not especially high paid. I’m not saying he shouldn’t face the consequences at all, I just want to know what to realistically expect as I’m thinking the absolute worst and can’t help panicking about it all the time.

OP posts:
RB68 · 31/03/2023 14:27

I really don't see the point of haranguing OP re DHs driving she is pissed off with him to the extent of considering divorce, she couldn't get more pissed off with him if she tried - what exactly are you trying to achieve? She is asking about process and how this gets dealt with not whether she needs a new patio and a shovel

RB68 · 31/03/2023 14:29

Also no one is asking to get out of it or any punishment just asking for one that punishes others as well as himself. Also OP remind him that fines can be paid in installments as well

Coffeecoffeeinmytummy · 31/03/2023 14:32

@RB68 its not the OPs fault but it feels wrong for pp to be suggesting he claims extreme hardship. People are always commenting on threads about how high earners have so much privilege but now people are recommending that he tries to claim he shouldn’t have to pay a fine because it will have a bad impact on the family financially. That’s the whole point of the fine. It’s meant to be a punishment because he broke the law. If the only people who have to pay fines are those who can easily afford them, well it’s not much of a punishment is it?

sorry OP it’s really not your fault and I’d be raging that my DH had put me in this scenario.

Dontfuckingsaycheese · 31/03/2023 14:33

“Hi shouldn't have told his bosses -absolutely nothing to do with the job.”

It is when you work in the Civil Service. Anything in your personal life can affect your position. Eg I had a very junior low paid position at the DWP. I’d happened to mention I was living in my overdraft and struggling for money. My boss discreetly pulled me to one side and asked if there was any way I could sort it out. Otherwise I would be flagged as a risk. Of fraud and stealing money I guess. Not sure how though🧐 Besides. Just because people are poorly paid does this make them all fraudulent crims??? My sister also working there had similar when her partner forgot to pay a bill!!

So yes. Anything has to do with the job. No he doesn’t drive for his job. However, being caught being so unbelievably reckless and stupid will make them wonder if this is the type of individual they wish to continue employing. I shows who he is. Also do you wish to stay with this loser?

Kwbe · 31/03/2023 14:34

Coffeecoffeeinmytummy · 31/03/2023 14:32

@RB68 its not the OPs fault but it feels wrong for pp to be suggesting he claims extreme hardship. People are always commenting on threads about how high earners have so much privilege but now people are recommending that he tries to claim he shouldn’t have to pay a fine because it will have a bad impact on the family financially. That’s the whole point of the fine. It’s meant to be a punishment because he broke the law. If the only people who have to pay fines are those who can easily afford them, well it’s not much of a punishment is it?

sorry OP it’s really not your fault and I’d be raging that my DH had put me in this scenario.

Just to be clear, I’m not suggesting he doesn’t pay the fine, I think it serves him right, im a bit more concerned about the ban because of the impact it will have on childcare and myself.
But as I’ve said (I’ve posted in relationships board more for this side of it), im not sure our relationship is going to survive this screw up.

OP posts:
RB68 · 31/03/2023 14:35

I get you and he shouldn't be excused a fine - that should be based on his earnings anyway which at 20k isn't going to be horrendous as others have mentioned. There will be a fine, the toss up is more a ban or points. ANd it wasn't just you - it just got my pip a bit the pile on on OP when she is clearly feeling vulnerable and upset anyway

Scienceadvisory · 31/03/2023 14:44

@Coffeecoffeeinmytummy a lot of civil servants are on about the current national living wage. So no, not highly paid at all.

KarlWrenbury · 31/03/2023 14:51

I sentence people for speeding. I always ban for over 100

Kwbe · 31/03/2023 14:55

KarlWrenbury · 31/03/2023 14:51

I sentence people for speeding. I always ban for over 100

Would you be able to give me an idea of the length of ban?
Not that this makes me less angry with him, I guess that’s a bit of separate issue, it’s just logistically with childcare it does make a difference.

OP posts:
KarlWrenbury · 31/03/2023 14:56

How many existing points?

Kwbe · 31/03/2023 14:59

KarlWrenbury · 31/03/2023 14:56

How many existing points?

None but he did do a speed awareness course a few years ago

OP posts:
AnneElliott · 31/03/2023 15:40

Are you a civil servant @Didgerydoo? If not, your view on that is irrelevant. Being a civil servant is different to working for a private sector employer and there are requirements on us (like telling the employer about criminal convictions) that might not apply elsewhere.

Op - make sure he's told his line manager in writing. I've certainly seen it happen where a LM didn't follow process and then denied they'd been told about it when it all came out. He'll want to protect himself in that way.

prh47bridge · 31/03/2023 15:59

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

No, he is not looking at anything like that. Under the sentencing guidelines for speeds of 101mph and above in a 70mph limit, he will get a ban of between 7 and 56 days OR 6 points on his license (NOT both) and a band C fine (which is 125%-175% of his relevant weekly income). He has an aggravating factor (a passenger in the car) and at least one mitigating factor (no previous convictions), possibly two (good conduct). The sentence will be reduced if he pleads guilty. There is absolutely no way he will get a 1-year ban and points. Magistrates and judges must follow the sentencing guidelines and can only step outside them in exceptional circumstances. There is nothing in this case that would allow them to do so.

@Kwbe Please ignore Im99912's scaremongering.

@TallulahBetty VeggieSalsa isn't being lenient. She is following the sentencing guidelines.

Quveas · 31/03/2023 16:09

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.

There is a huge difference between 75 - 80mph (which is still unlawful unless they are blue light) and over 100mph with your own child in the car and with blatant disregard for the safety of other road users too.

As for if it is relationship ending, that is probably a far more complicated story than "my husband was caught speeding" or even "... with our child in the car".

I would love to know which bit of the M6 is "clear, open [and has] good conditions" too. When I am on it, it is most commonly god awful weather, congested, full of road works with speed limitations, and full of potholes.

LyingWitchInTheWardrobe · 31/03/2023 16:09

OP, if you are reliant on your partner driving for the family all the time but now considering whether to end the relationship, you'll have to persevere with your driving because you'll have to pick up the slack there.

I don't see what he did as a 'breach of trust'. Abject stupidity that is going to have an impact, yes, but it's recoverable. I think that unless there were issues in your relationship prior to this then it sounds as if you just want to bail out. It's totally your right to end the relationship for any reason but that being the case, start thinking now about how you'll make those changes.

KarlWrenbury · 31/03/2023 16:18

And wether it’s dangerous or not is irrelevant. It’s against the law.

BusterGonad · 31/03/2023 16:23

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 agree with this. It's all a over the top tbh.