Page 7 | DP Speeding 104mph - what happens next?

Kwbe · 2023-03-31T08:42:18+00:00

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

EmilyGilmoresSass · 03/04/2023 10:27

Kwbe · 31/03/2023 11:19

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.

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Glad to see you have your priorities straight. Not.

Original poster

Kwbe · 03/04/2023 10:29

EmilyGilmoresSass · 03/04/2023 10:24

You're not sure? I can't believe you'd even consider staying with someone who put your child's life at such risk in a reckless manner for absolutely no reason.

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I’ve posted in the relationship thread more about that side of things, I posted on the legal board for advice about what to expect re punishment, work etc.
And as everyone knows ending a relationship, especially when there’s a child, isn’t simple/clear cut, as I’ve also said, I’m not sure if I do want to continue the relationship. But even if I did end things there’s nothing I could to do stop him driving our child around when she stays with him.

OP posts:

Original poster

Kwbe · 03/04/2023 10:31

EmilyGilmoresSass · 03/04/2023 10:27

Glad to see you have your priorities straight. Not.

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Sorry, I don’t mean to be rude but as I’ve said, I’m asking for practical advice on the legal side of things. I’ve posted in the relationship board about that side so if you want to please comment there.

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PritiPatelsMaker · 03/04/2023 10:35

@Kwbe due to the amount of personal and identifiable details that you've posted, I'd be asking MNHQ to take down the threads that you've started about this offence.

FrenchandSaunders · 03/04/2023 10:40

I'm also a civil servant and I wouldn't have mentioned it.

GCWorkNightmare · 03/04/2023 10:41

Oakbeam · 03/04/2023 10:24

A former colleague of mine was involved in a collision with a motorcyclist while speeding. I can’t remember the exact speed he was doing, but it was well over the limit. The motorcyclist died. My colleague got a fine, driving ban, points and a prison sentence.

He didn’t lose his job or face any disciplinary action by his employer.

Crown Servants have different rules re disclosing offences to other employees.

Shade17 · 03/04/2023 19:42

prh47bridge · 01/04/2023 19:21

To say again, under the sentencing guidelines the maximum he can get is 56 days ban or 6 points, and a fine of 125%-175% of his relevant weekly earnings. He doesn't need a barrister to achieve that. And if he pleads guilty, he should get a lower penalty.

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You’re right of course, it’s a fairly low speed so should just be a slap on the wrist. I still wouldn’t go to court for any motoring offence without Andrew though, his prices are actually pretty reasonable and well worth it just to have an expert with you on the day. I’m fortunate never to have ended up in front of magistrates despite driving everywhere like my pants were on fire when I was younger. I remember my dad getting a short ban for just over 100mph with me in the car when I was about 8 or 9. I also remember the first time I did 150mph as a passenger a few years later!

JustanotherJP · 03/04/2023 20:42

Really don't waste your money on a barrister OP. This is a simple speeding matter.

Teatime55 · 03/04/2023 20:48

I know someone who wasn’t banned (on motorway in middle of the night) and someone who was (through a village at 7.30am - I assume it was 30mph zone).
worst of it was is the woman whose husband was banned really complained how disgraceful it was. The village had gotten together to make a group complaint about him and the police were waiting. Personally I think he’s a c*nt for it. She had to drive him to work for a year.

Original poster

Kwbe · 27/04/2023 14:02

Hi again everyone,

sorry if I’m not supposed to “revive” this, not sure if it’s the done thing here but just wondering if anyone knows how long DP could be waiting to hear from the magistrates for a court date?
it’s been over two months and he’s not heard anything. Is there a way to enquire with them?

thanks again all

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prh47bridge · 27/04/2023 14:41

The median time from offence to completion for cases heard by magistrates is currently around 6 months.

TizerorFizz · 27/04/2023 22:31

@Kwbe
Get those driving lessons booked. You’ve got more time than you thought!!

Original poster

Kwbe · 14/06/2023 13:42

Hi again everyone,

He’s now received a single justice procedure notice. It gives him the option to plead by post or online and furthermore gives plea options;

plead guilty under the single justice procedure which means he won’t necessarily need to go to court
plead guilty in court
plead not guilty

so he’s obviously pleading guilty but not sure which option out of the first two is best? Presumably he won’t need a solicitor for the first option as it seems to just be a form to complete?
Could it make a difference to the outcome? I’m expecting ban/points and a fine but hopefully nothing worse than that (eg a sentence/job loss etc).

Thanks for any legal help/advice or personal experiences.

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monsteramunch · 14/06/2023 14:47

It sounds like you should invest in some professional advice OP. You'll get mixed advice on here and you won't know who actually has the credentials they claim to.

I really, really hope he has learned his lesson as I struggle to get over the fact your child was in the car. But what's done is done.

As I say, I think you need to get some professional legal advice as a priority.

DisplayPurposesOnly · 14/06/2023 15:01

Heres the official guidance on SJP:

https://www.gov.uk/single-justice-procedure-notices

In the absence of any mitigating circumstances, he hasnt really got any case to put to the magistrate so pleading guilty by post seems the simplest option. Saves court time & costs.

(I am not a lawyer.)

Single justice procedure notices

Find out about single justice procedure notices and how you should respond.

https://www.gov.uk/single-justice-procedure-notices

Panfriedscallops · 14/06/2023 16:16

Kwbe · 14/06/2023 13:42

Hi again everyone,

He’s now received a single justice procedure notice. It gives him the option to plead by post or online and furthermore gives plea options;

plead guilty under the single justice procedure which means he won’t necessarily need to go to court
plead guilty in court
plead not guilty

so he’s obviously pleading guilty but not sure which option out of the first two is best? Presumably he won’t need a solicitor for the first option as it seems to just be a form to complete?
Could it make a difference to the outcome? I’m expecting ban/points and a fine but hopefully nothing worse than that (eg a sentence/job loss etc).

Thanks for any legal help/advice or personal experiences.

Looking at this without emotion, just facts.
If he's been caught on camera your DC being in the car will definitely not be an aggravating factor.
Plead online it could get lost in post.
There will be a section to enter mitigation online. It's not compulsory but if he uses it, keep it short and simple.
Plead guilty. He obviously is & you get a discount for not wasting court time.
There will be a form to fill in regarding income. Use it and make sure he lists ALL outgoings too.
The magistrate and their legal advisor will decide on the penalty there and then in a closed session, he will not need to attend unless clarification is needed.
It will probably be at least 6 points and fine or a short disqualification period depends on the magistrate...Their choice, after taking all things into consideration.
A driving offence of this nature is not recorded as a crime and won't show up in DBS (or whatever they're called) checks.
Definitely don't appoint a solicitor until you get the result. You may not need one, it's just extra cost.
Please don't panic or catastrophize. He's learned his lesson (I hope).
One step at a time. You'll all be fine.

prh47bridge · 14/06/2023 19:02

If he goes for the single justice procedure, he won't have to pay any court costs. I would go for that option.

Original poster

Kwbe · 15/07/2023 13:11

Panfriedscallops · 14/06/2023 16:16

Looking at this without emotion, just facts.
If he's been caught on camera your DC being in the car will definitely not be an aggravating factor.
Plead online it could get lost in post.
There will be a section to enter mitigation online. It's not compulsory but if he uses it, keep it short and simple.
Plead guilty. He obviously is & you get a discount for not wasting court time.
There will be a form to fill in regarding income. Use it and make sure he lists ALL outgoings too.
The magistrate and their legal advisor will decide on the penalty there and then in a closed session, he will not need to attend unless clarification is needed.
It will probably be at least 6 points and fine or a short disqualification period depends on the magistrate...Their choice, after taking all things into consideration.
A driving offence of this nature is not recorded as a crime and won't show up in DBS (or whatever they're called) checks.
Definitely don't appoint a solicitor until you get the result. You may not need one, it's just extra cost.
Please don't panic or catastrophize. He's learned his lesson (I hope).
One step at a time. You'll all be fine.

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Hi,

thanks for your response, that was genuinely really helpful and a bit of a calm voice that I needed. I am trying very hard not to catastrophize but that’s easier said than done.

he’s sent the form off, he decided to go for a solicitor in the end and they’ve helped him complete the online form so hopefully he won’t need to go to court.
I’m so torn between wanting him to be punished for being so stupid and reckless but at the same time knowing how incredibly difficult my life and my child’s would be if he were banned and our relationship is hanging by a thread as it is, my head is all over the place. I think he has learned his lesson, he’s got a speedometer app on in the car and has been super super careful since and is very remorseful but we’ll see.

OP posts:

Original poster

Kwbe · 15/07/2023 13:13

Panfriedscallops · 14/06/2023 16:16

Looking at this without emotion, just facts.
If he's been caught on camera your DC being in the car will definitely not be an aggravating factor.
Plead online it could get lost in post.
There will be a section to enter mitigation online. It's not compulsory but if he uses it, keep it short and simple.
Plead guilty. He obviously is & you get a discount for not wasting court time.
There will be a form to fill in regarding income. Use it and make sure he lists ALL outgoings too.
The magistrate and their legal advisor will decide on the penalty there and then in a closed session, he will not need to attend unless clarification is needed.
It will probably be at least 6 points and fine or a short disqualification period depends on the magistrate...Their choice, after taking all things into consideration.
A driving offence of this nature is not recorded as a crime and won't show up in DBS (or whatever they're called) checks.
Definitely don't appoint a solicitor until you get the result. You may not need one, it's just extra cost.
Please don't panic or catastrophize. He's learned his lesson (I hope).
One step at a time. You'll all be fine.

Show quote history

Could I just clarify, did you mean DC being in the car will be an aggravating factor or won’t be?

OP posts:

Panfriedscallops · 15/07/2023 15:18

Hi again. I'm not an authority as things can be different in different areas.
But as far as I am aware having passengers of any nature is NOT an aggravating factor

prh47bridge · 15/07/2023 15:57

Panfriedscallops · 15/07/2023 15:18

Hi again. I'm not an authority as things can be different in different areas.
But as far as I am aware having passengers of any nature is NOT an aggravating factor

I'm afraid this is wrong. Under the sentencing guidelines for speeding, carrying passengers is an aggravating factor. And no, it isn't different in different areas. The sentencing guidelines apply to all cases in England and Wales.

Original poster

Kwbe · 15/07/2023 16:25

Thanks so much for everyone’s advice. I’m genuinely really grateful, you’ve been so helpful and tried to give as much factual information as possible so I really appreciate it.

Hes just had his decision through and they’ve given him 6 points and a £580 fine so I think he’s got off very very lightly but I am relieved there’s no ban. He just has to tell work now but hopefully that should be okay. And sort his insurance out which will be sky high no doubt.

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Winnerturkeydinner · 15/07/2023 16:29

He is a very lucky man.

Panfriedscallops · 15/07/2023 16:33

"Hi again. I'm not an authority as things can be different in different areas.
But as far as I am aware having passengers of any nature is NOT an aggravating factor"

"I'm afraid this is wrong. Under the sentencing guidelines for speeding, carrying passengers is an aggravating factor. And no, it isn't different in different areas. The sentencing guidelines apply to all cases in England and Wales."

I was not sure and phrased it so. I was taking that this was captured by camera rather than a roadside stop by an officer who would make mention of any passengers. I was not certain this would be an issue at all as a camera offence. Happy to be corrected. Thanks

ArcticSkewer · 15/07/2023 17:58

That's a relief for you both.

I hope this will also help with your tendency to catastrophise. I say that as someone prone to it as well. It's still a reckless thing to have done but hopefully he learned a lesson.