I'm thinking that might the best idea - plead previous good behaviour - point out she was going down a steep hill within sight of the Nat Speed Limit sign and that she needs a licence for her job to help pay her way through university.He went to court and basically begged.
Have to confess to an incident back in 2003; got caught doing 56mph in a 30 limit. Complete moment of stupidity while on my motorbike to get in front of a car that tried racing me (yes, I know, shouldn't have raised to the bait). Got snapped by a Gatso and summons in the post within 4 days. It was made clear that due to the excess nature of the speed (more than 20mph above the limit) it was to be dealt with by the courts. I pleaded guilty by post. The fine is means tested, and just before the court date I got made redundant so my income was 0, and my outgoings were a heck of a lot (mortgage, bills, kids, etc); as a result I got a £70 fine (with £20 costs) but got loaded with the maximum 6 points.
Didn't really affect my insurance though, it was still classed as a SP30 which most insurance companies allow these without affecting the premium too much. Just behaved myself from then on.
SimpleSi (8th September 2011)
when I was 19 I got 6 points for 60 in a 30
I believe there is previous president in place over how near the police/camera can be to a change in speed limit. If they are too close then it can be thrown out. AFAIK there was a case where a driver argued that they were accelerating towards the speed limit so that they were not causing an obstruction on the road. You can equally get a fine for driving to slowly on the roads.
Might be worth speaking to a lawyer on a 30 min free session if they do get a summons.
Will people please stop suggesting ways to try and get out of it! If you break the law then you should expect to "pay the price" for your actions. Speeding is Speeding and the only way around this is to not speed. People seem to see this as a non crime (like littering, being on the phone while driving etc etc.) They are all crimes and if you are caught then you should accept the punishment. In a school if a child is caughting misbehaving they are punished, if an adult is caught we try to get out of it on a technicality (which is wrong).
You break the law and are caught - you should accept the punishment issued!
arwen (8th September 2011), elsiegee40 (7th September 2011), glen_j (8th September 2011), GrumbleDook (8th September 2011), mac_shinobi (8th September 2011), mats (8th September 2011), Rawns (8th September 2011), SYSMAN_MK (8th September 2011), Tech1 (12th September 2011), tommej (8th September 2011), Tony_Mc (8th September 2011)
It's painful, but she broke the law. Finding out what the damage may be is one thing; avoiding conviction on technicalities is another...
Yes, I would make my daughter live with the consequences.
I don't think the OP disagrees with that. The main issue is getting fair treatment. We get two freebie papers that show the court cases for that town. In one, the punishment for similar offences is consistently far greater than the other. It's not a fair system where the punishment can depend on the mood of the "Beak". So I don't see a problem with using a lawyer to help. And if a policeman sets up his stall too close to the sign because he knows he'll get a better catch and that is contrary to regulations or guidelines, then it should be addressed.Yes, I would make my daughter live with the consequences.
I don't think OP does either, but I am getting concerned by the tone of some of the other posts in this thread
Lets not have a war on the rights/wrongs of speeding/getting off on technicalities. as everyone has different moral viewpoints (imagine someone who lost a loved one due to someone speeding or someone who lost their job due to speeding)
My daughter should be punished but I'm hoping for some lenincy due to nature of offence (she wasn't doing 55 through middle of the high street) and lack of funds to pay a big fine.
But if she ends up in front of Judge Dredd then so be it
speckytecky (10th September 2011)
Remember - nothing is 'automatic' in our courts. The judge has absolute leeway to give exceptions to the guidelines when sentencing.
So, Trapper, your sister in law could argue that a ban would overly damage her life - as she wouldn't be able to get to and from work at all - there are many cases where a judge has been lenient and allowed the person who sped to keep their license (much to the Daily Mail's distress). This basically down to the Human Rights Act, where all crimes and laws have to be read with the HRA being followed too.
It isn't necessarily that any speeders should get away with it, but the punishment should be proportional. Someone speeding in a town centre or village? Lock em up I say, its ridiculously dangerous. Speeding as you're exiting a speed limit zone, where in my experience 95% of the zone edge is arbitrarily far away from the residential area etc... and I don't see it as such a serious thing.
Last edited by localzuk; 8th September 2011 at 08:12 AM.
On paper for that speed is looks to me like a court trip, 6 points, a fine, and license revoked.
She can plead exceptional hardship - which if it damages her life e.g. get sacked from job and would end up on job seekers etc. But if she is a student I doubt this will happen.
Also someone said their friend did 110 and didn't get banned. Must of been lucky... I thought it you did over 100mph it was an instant ban. Maybe someone can clarify.
I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic?
Although the Police attempt to resolve most offences by way of a Fixed Penalty Notice, at excessive speeds, a Court appearance is inevitable. For speeds in excess of 100 mph (or more than 30 miles above the relevant limit) the punishment starts at disqualification as opposed to penalty points. However, the decision is at the discretion of the Court and in certain circumstances, a disqualification can be avoided.
Last edited by JoeBloggs; 8th September 2011 at 08:39 AM.
It does seem like putting a van so close to a 30 to 60 increase could be almost entrapment.
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