Anyone know anything about speeding penalties?

flyingscotno1

sebdangerfield wrote: »

I'll admit, the last time I was in Magistrates' court defending a young speeder was a few years ago but;

case law suggests that, any person proven exceeding the speed limit by more than 30mph will be liable to a ban, a fine not exceeding level 3 on the scale and 6 penalty points.

Under the new drivers act 1995 if he does get 6 points from the offence then his license will be revoked aswell.

I'm not sure what bit you think I got wrong?

You stated 'He will also need to retake his tests from the begining if he is banned.'. He will not have to retake his test if he is banned solely- if he gets 6 or more points he will under new drivers.

There is also plenty of evidence on other forums where drivers were given just bans, or just some points. I know of a young guy given 5 points to put him on the cusp- but not ban him for one offence. It depends on circumstances of offence and what happens on the day- it really is impossible to say what will happen.

Paradigm

flyingscotno1 wrote: »

It depends on circumstances of offence and what happens on the day- it really is impossible to say what will happen.

Dead right, it's impossible to guess.
I have read somewhere that Magistrates are being discouraged from issuing short bans if it sidesteps the new drivers act 6 point rule but can't remember where I saw it.

ginnersinner

Paradigm, that's in cases where they should give six points but are invited to disqualify by the defence (eg for no insurance). However, according to the sentencing guidelines, 82 in a 50 should be dealt with by disqualification for 7-56 days OR 6 points (and the order is important, as for lower offences it's '4-6 points or disqualify 7-28 days) which suggests disqualification is the 'starting point' and points will be given if mitigation is successful.

The guidelines don't give guidance on how to deal with New Drivers who attract an automatic disqualification, just those who attract 6 points and try to ask for disqualification instead.

The Sentencing Guidelines can be found here

Paradigm

ginnersinner wrote: »

Paradigm, that's in cases where they should give six points but are invited to disqualify by the defence (eg for no insurance). However, according to the sentencing guidelines, 82 in a 50 should be dealt with by disqualification for 7-56 days OR 6 points (and the order is important, as for lower offences it's '4-6 points or disqualify 7-28 days) which suggests disqualification is the 'starting point' and points will be given if mitigation is successful.

The guidelines don't give guidance on how to deal with New Drivers who attract an automatic disqualification, just those who attract 6 points and try to ask for disqualification instead.

The Sentencing Guidelines can be found here

That'll do for me Thanks for the info. But.....

I'm sure I read what I posted above. I'll try & find it.

ginnersinner

It's in the guidelines, page 186. Yes yes, I know I must have too much time on my hands!!!!

Paradigm

Thanks again ginnersinner

So in this case a 28 day ban is very unlikely as it contravenes the guidelines therefore 82 in a 50 zone is almost certainly......

6 points
A largish fine
Licence revoked

But, as has been said, with Magistrates you never know!

Throbbe

I suspect the impact on his next insurance removal will sting a bit.

johncas1

xelaine88x wrote: »

I got caught doing 30mph over the speed limit when I was 18, got 3 points and £120 fine

That might be before the law changed now to major speeding offences os a ban

Ok I don't stick up for speeders your braking the law juast like any other criminal if im late for work I don't speed I just get there late and get told off if I don't speed why cant everyone else

Ok I hate people who do 60 in a 30 zone outside a school or park but speeding on a quiet road no cars late at night and getting done is a bit harsh.

But I do ride a bike and a lot of people are killed riding bikes go to fast andcome off at the corner seen it happen