OliS3
Registered User
paradigital
Registered User
I believe you "should" be OK.
The guidelines for a 50MPH zone stipulate 76MPH for a court summons, which means you should be dealt with via FPN.
You won't get offered a speed awareness course, but should get the standard Fixed Penalty as stipulated on your NIP (have you received one yet?)
The guidelines for a 50MPH zone stipulate 76MPH for a court summons, which means you should be dealt with via FPN.
You won't get offered a speed awareness course, but should get the standard Fixed Penalty as stipulated on your NIP (have you received one yet?)
paradigital
Registered User
No such thing as a "compulsory ban". All bans are at the discretion of the courts, take into account circumstance as well as impact on dependents etc.
You can only be given two of the three of the following:
Points
Fine
Ban
It's perfectly possible to be doing 100+ on the motorway and "get away" with a heavy number of points and a hefty fine.
You can only be given two of the three of the following:
Points
Fine
Ban
It's perfectly possible to be doing 100+ on the motorway and "get away" with a heavy number of points and a hefty fine.
paradigital
Registered User
If it goes to court it would in all honesty help with the level of fine you'd get, but if it gets dealt with via Fixed Penalty Notice (FPN) then it will make no difference at all.
The only thing "first offence" helps with in an FPN is being offered an awareness course. You're well above the speed threshold for an awareness course though.
The only thing "first offence" helps with in an FPN is being offered an awareness course. You're well above the speed threshold for an awareness course though.
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Probably... I wouldn't worry too much. Although a 'high' speed for the limit, they will most probably give you 3 pts and a £100 fine... was it a speed camera or something?
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Have you had a letter in the post to say how fast you were going or that's what you thought you were travelling at? If the latter, you may find that by combination of inaccurate speedo and the calibration of the mobile unit, you 'might' sneak into a lower speed. Happened to me a few years ago, thought I was doing 78 in a 60 and the 'evidence' came back that I was doing 71...
paradigital
Registered User
If you've got the letter (NIP) then you should already know what the conditional offer is (assuming they've presented you with one, and not issued you a summons)?
Something along the lines of:
Something along the lines of:
NIP said:
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Ah right. I wouldn't worry about it mate, I'd imagine you'll get off with a slap on the wrist, fine and points. Not ideal, but... it's quite scary how quick the S3 picks up speed and before you know it, you're into the danger zone.
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Ah... bit of detail in the original post would've helped mate lol
Ok, yeah, so bigger fine and probably more points. Very much doubt you'll get a ban... just be very sorry.
paradigital
Registered User
That's unbelievably unlucky then, given the ACPO guidelines are 76MPH:
By the sounds of it they are going to want to issue you with more than £100/3-points. I highly doubt you'll get a ban though, more likely 4-6 points and anywhere up to £1000 fine would be my guess.
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_fixed_penalty_notices/ said:
By the sounds of it they are going to want to issue you with more than £100/3-points. I highly doubt you'll get a ban though, more likely 4-6 points and anywhere up to £1000 fine would be my guess.
And before you have even had a chance to put it in 4th gear
Expect you will get FPN 3 0r 5 pts and fine equivalent to 2 or 3 tanks of fuel, biggest impact will be on insurance premiums for the next few years unfortunately
Take it on the chin, and move on
OliS3
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Yeah, standard really. Mean's they intend to do something about it... be a fine, points, ban, whatever the court decides.
paradigital
Registered User
Contest what? You can't contest being summoned to court, you can contest an FPN, but that means GOING to court.
paradigital
Registered User
It was waaaaay back in the 90's but I got a summons for driving without due care and attention. When they sent me the court details they told me what my punishment would be, number of points and fine. You only had to go to court if you wanted to contest it. I held my hands up and took my punishment so didn't have to go to court. Would imagine it is still a similar scenario.
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If you have a summons... then yes, generally means they are telling you to attend.
OliS3
Registered User
I didn't attended, they can just read a statement for you. I'd just say sorry, you won't lose your licence for 73 in a 50
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Audi Toby
2016 S3 Saloon
The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.
Factors increasing seriousness
Statutory aggravating factors:
Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
Offence committed whilst on bail
Other aggravating factors:
Offence committed on licence or post sentence supervision
Poor road or weather conditions
Driving LGV, HGV, PSV etc.
Towing caravan/trailer
Carrying passengers or heavy load
Driving for hire or reward
Evidence of unacceptable standard of driving over and above speed
Location e.g. near school
High level of traffic or pedestrians in the vicinity
Factors reducing seriousness or reflecting personal mitigation
No previous convictions or no relevant/recent convictions
Good character and/or exemplary conduct
Genuine emergency established
Reference Source: https://www.gov.uk/government/organisations/the-sentencing-council-for-england-and-wales
Factors increasing seriousness
Statutory aggravating factors:
Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
Offence committed whilst on bail
Other aggravating factors:
Offence committed on licence or post sentence supervision
Poor road or weather conditions
Driving LGV, HGV, PSV etc.
Towing caravan/trailer
Carrying passengers or heavy load
Driving for hire or reward
Evidence of unacceptable standard of driving over and above speed
Location e.g. near school
High level of traffic or pedestrians in the vicinity
Factors reducing seriousness or reflecting personal mitigation
No previous convictions or no relevant/recent convictions
Good character and/or exemplary conduct
Genuine emergency established
Reference Source: https://www.gov.uk/government/organisations/the-sentencing-council-for-england-and-wales
Audi Toby
2016 S3 Saloon
Audi Toby
2016 S3 Saloon
Audi Toby
2016 S3 Saloon
OliS3
Registered User
RichardT
Registered User
Contest it ! You were going faster than petmitted ANYWHERE in this country, let alone in a 50mph zone.
If you get 3 points that would be very lenient.
Could be worse you could have been pi55ed.
(Sarcasm)
Take it on the chin and learn from it.
Just saying.
(Sarcasm)
Take it on the chin and learn from it.
Just saying.
Peter Metcalf
Monkey magic
I got caught 62 in a 30 not built up area, out in the country I know it's no excuse, I obviously went to court got 6 points and a £450 fine that was 9 years ago
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OliS3
Registered User
We all speed, well most of us.. if you get caught what can you say? Just the way it goes and some people are unlucky or don't pay attention as in I have no points, my mom has 6 in a Fiat 500.
I just like to feel it's justified and as safe as speeding can ever be if that makes sense even though my last 3 points where for doing 80mph on a clear motorway, sounds normal but I was doing a lot more but saw the van and tested the brakes as there was nothing behind me.
I've had a few beers post done
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We all do it, sometimes we get caught. But, I have no sympathy for people that speed excessively or in built up areas. Motorway, country roads, fine... but if your caught doing 130mph on the motorway, well... bye!
