Confused with Speeding Offence..

charliemaine1bee

My husband was pulled over by police on Motorway this afternoon after doing 102mph..they issued him with a fixed penalty notice of £60 and to take his licence to police station within 7 days of notice..but everywhere ive read says anything over 100mph is an instant ban and court appearance..could this still be the case with a fixed penalty notice,the officer has jotted on top of the notice the speed?first time ever been stopped by police and confused by it..any advice would be appreciated.

forgotmyname

Very lucky if he got away with a fixed penalty notice at that speed.

It could have been a day in court and a ban.

Discretion of the officer writing the ticket if it was borderline 100+

DaveF327

Your husband is extremely lucky that he wasn't summonsed. He has the fixed penalty, so if he knows what's good for him under the circumstances, he should pay the £60, accept the 3 points and treasure his licence while he still holds it.

Of course, he can elect to go to court if he wants to - details of how to do this are on the ticket - but the magistrate may not be so lenient once he or she hears how fast he was going.

MrRedundant

In a rush was he?

I believe a FPN can be changed if its felt unduly lenient when reviewed by the officers superiors. I would fancy there being a good chance of this.

Empty_pockets

Completing the FPN doesn't guarantee he won't go to court.

I had one for 74 in a 60 iirc. Got sent the stuff in the post, sent it back and then got sent a court date.

5pts and £300 iirc.

Happychappy

God you would think they had something better to do with their time like catching burglars and rapists.


The officer has guidelines and force policy to work by and "usually" 10% + 2 over a limit is the start of considering a prosecution usually by FPN but can be by summons, but normally FPN, most forces deal with speeding by FPN up to a certain speed of which there is no set limit, but many forces go to 95mph which is the ACPO (Chief Police officers) guidelines and 96mph and above is dealt with by summons as these speeds attract more points, the officer for reasons best known to him/her has issued a FPN, but each force can do this, would be interested in which force area this was?

It is your decision whether you wish to take advantage of this opportunity, the question is whether you want to plead to it, and you consider the details to be correct, it sounds like a following check ? as VASCAR etc, would give a more accurate to decimal point check with accurate distance, did the officer say how the speed check was conducted, I would imagine your speedometer would have been reading (possibly) around 110? I'm sure someone will direct you to pee!!!!poorio.co.uk or a similar site for advice.

There is no such thing as an instant ban for speeding, a pub myth, like many others

Stigy

charliemaine1bee wrote: »

My husband was pulled over by police on Motorway this afternoon after doing 102mph..they issued him with a fixed penalty notice of £60 and to take his licence to police station within 7 days of notice..but everywhere ive read says anything over 100mph is an instant ban and court appearance..could this still be the case with a fixed penalty notice,the officer has jotted on top of the notice the speed?first time ever been stopped by police and confused by it..any advice would be appreciated.

As others have said, I'd be thankful that he wasn't reported for the offence! By rights, anything at 25-mph or over, above the speed limit should be a day in court. I would imagine the road conditions were good and there was next to know traffic on the road for the Police to issue a FPN.

One of the conditions of issuing a Fixed Penalty Notice is that the driver is willing to accept this as his/her punishment, if they don't accept it, or say they intend to appeal, then it shouldn't be a FPN matter and should go straight to court. However, by law there has to be a method of appeal, and this will be on the notice. Your husband would quite frankly be stupid to appeal though, unless of course he was only doing 78-mph and the Police have perverted the course of justice.

charliemaine1bee

Thank you all for your advice.(happychappy it was South Yorkshire Police).He came off one motorway onto another and then saw the patrol car coming up behind him.They said they had calculated his speed by 2 markers on the road?.he holds his hands up and doesnt want to contest anything but his job is reliant on him having a licence.Hes got no prev points or offences so really hoping hes been lucky and he has learned his lesson.

Happychappy

charliemaine1bee wrote: »

Thank you all for your advice.(happychappy it was South Yorkshire Police).He came off one motorway onto another and then saw the patrol car coming up behind him.They said they had calculated his speed by 2 markers on the road?.he holds his hands up and doesnt want to contest anything but his job is reliant on him having a licence.Hes got no prev points or offences so really hoping hes been lucky and he has learned his lesson.

I am surprised, knowing South Yorks guidelines, but, sounds like an early Christmas.

Regarding other posters talking of superiors overturning the ticket, the system is the ticket will get recorded on their central ticket office database system which is computerised, this generates dates for dealing by, there is no actual supervisor overseeing or looking at them, this is dealt with by civvies in an admin role who marry up the licence details once it is surrendered, together with the completed ticket, payment etc and enter the endorsement of 3 points onto the licence, before sending it back to hubby, so I would get the licence handed in and the system started.

Stigy

charliemaine1bee wrote: »

Thank you all for your advice.(happychappy it was South Yorkshire Police).He came off one motorway onto another and then saw the patrol car coming up behind him.They said they had calculated his speed by 2 markers on the road?.he holds his hands up and doesnt want to contest anything but his job is reliant on him having a licence.Hes got no prev points or offences so really hoping hes been lucky and he has learned his lesson.

I would think he's had a lucky escape this time, more than likely due to not being caught previously for a driving offence.

jd82

He probaby passed the attitude test too. If he does get three points for this then he is very lucky BUT has he learnt his lesson?