Ticket for speeding on motorway

Flyboy152

easy wrote: »

Your opinion ... The legislation doesn't actually work like that.

I don't honestly think that driving a vehicle designed to go fast (say a big Merc or a Porsche) at 120 MPH on an empty motorway in clear, dry conditions could really be considered 'dangerous driving'.


Sure, they'll nick you for speeding, but would have no grounds at all for dangerous driving.

If you were to kill someone whilst driving, in a straight line, on an otherwise clear dual carriageway, at one hundred and twenty miles per hour, or even a hundred and forty mles per hour, I am pretty sure the charge would be, "causing death by dangerous driving," don't you?

Lum

vaio wrote: »

Nah (again), they would never try to tag on a “dangerous driving” charge just because you chose to not to accept a speeding fixed penalty.

If they had evidence that would support a dangerous driving charge you’d get charged with that (and maybe speeding as well) and wouldn’t even get the fixed penalty offer because the whole point of the fixed penalty system is to deal with low end speeding.

That was exactly my point!

There are exceptions to what you say though, for example 95 on a motorway just scrapes into the fixed penalty system and would be processed automatically, however if you went to court and the photo showed you were doing this at 5:30 PM in heavy rain while swigging from a 3 litre bottle of coke, then they might well go for a dangerous driving charge that would have been missed had you gone through the automated system.

The OP has failed to comply with the terms of a Speed Awareness Course, this means that they were a low speed driver, there will be no discretionary ban and no dangerous driving charge.

However it is still true that the higher fine and points could apply as this is largely down to how much you annoy the magistrate. Since the OP is Polish this likely depends on whether the magistrate is a Daily Mail reader or not.

In any case, unless the OP can prove that they wern't speeding, then the minimum fine in court will be £75 and 3 points, higher than the £60 and 3 points they would get for accepting the COFP.

easy

Flyboy152 wrote: »

If you were to kill someone whilst driving, in a straight line, on an otherwise clear dual carriageway, at one hundred and twenty miles per hour, or even a hundred and forty mles per hour, I am pretty sure the charge would be, "causing death by dangerous driving," don't you?

Different issue entirely.

If you are caught speeding, and there was NO OTHER INCIDENT, they can't just tack on 'dangerous driving' because they feel like it. No evidence, for a start.

JimmyTheWig

easy wrote: »

I don't honestly think that driving a vehicle designed to go fast (say a big Merc or a Porsche) at 120 MPH on an empty motorway in clear, dry conditions could really be considered 'dangerous driving'.

I agree.
Equally, though, I'm not sure that you'd get a ban in these circumstances, would you?

To ban someone (other than via accumulation of points) when they're not being dangerous seems very harsh.

Trebor16

Flyboy152 wrote: »

If you were to kill someone whilst driving, in a straight line, on an otherwise clear dual carriageway, at one hundred and twenty miles per hour, or even a hundred and forty mles per hour, I am pretty sure the charge would be, "causing death by dangerous driving," don't you?

What's that noise?? Oh yes, it's the sound of Flyboy moving the goalposts!!:D

bigdave196

JimmyTheWig wrote: »

I agree.
Equally, though, I'm not sure that you'd get a ban in these circumstances, would you?

To ban someone (other than via accumulation of points) when they're not being dangerous seems very harsh.

I'm not 100% certain, but I'm fairly certain that anything over 100MPH is an automatic ban no matter what the circumstances are (unless of course you can prove that you absolutely need to keep your licence). I'm fairly sure that's what my dad (who's a magistrate) said.

easy

bigdave196 wrote: »

I'm not 100% certain, but I'm fairly certain that anything over 100MPH is an automatic ban no matter what the circumstances are (unless of course you can prove that you absolutely need to keep your licence). I'm fairly sure that's what my dad (who's a magistrate) said.

Yes you are right. My friend (see my earlier post) got a 14 day ban, because he was clocked at 101 mph, the magistrates don't have discretion at that speed - although they can vary the length of time.

vaio

As posted earlier, a ban for speeding is at the magistrates discretion, it’s all covered in the guidelines P131

http://sentencingcouncil.judiciary.gov.uk/docs/Magistrates_Guidelines_including_update_1__2__3_4_web.pdf

Wig

Flyboy152 wrote: »

This is probably the most irresponsible piece of advice I have read on these boards.

You have absolutley no idea of what dates are involved or what circumstances apply to this event. To advise someone to ignore a NIP, which will land them in even more trouble, is bordering on the criminal.

This is rubbish!

My first version of that post was only the first line. I then realised the OP may not be back for a long time and I might miss the OP when they do return, and to save a lot of time I then edited my post to give the reasons why I asked the question.

We know it was April, We are in October in a day or 2 that's almost 6 months, but the real dates need to be clarified, it is my intention when the OP gives the real dates to spell it out as I see it, what the consequences might be and what I would personally do if I was the OP.

The OP has not ignored an NIP, to do so would be stupidity of the highest class. The OP has responded to the NIP thus satisfying their s172 responsibilities.

You have no idea what you are talking about and You completly ignore that I asked the OP for all the details.

"Bordering on the criminal" :rotfl: You're 'aving a laugh mate, you don't have a clue.

Wig

Aisha, OP,

As said already they had about 3 weeks until 6 October to lay your papers before a court. As I see it, your constant contact with them is making your case come to the top of their pile, so they may very well lay your papers.

I also think they have had 2 weeks already and your case may already be laid. But as they have not mentioned it on the phone 2 days ago... maybe not.

Do you like a gamble?

You could pay your fine £60 and take 3 points
Or
You could opt to go to court (by doing nothing) ...and hope that they will not get around to it in time, they only have 4 working days left to do it.

If it goes to court you will (most likely) get 3 points IMHO, and your fine maybe around the £200 - £250
The max points is 6 in court, but from what you describe I would expect it to be 3.

If it doesn't go to court you pay nothing and you get no points.

If I was you (I don't mind a gamble) I would definately just do nothing, don't contact them again, stop contacting them, every time you contact them you are making them aware of your case.

The difference between paying now (£60) and paying in court £200 - £250 means if you do end up in court you will have lost between £140 - £190 To me, that's no big deal and well worth the gamble, because you are not only saving yourself money & points but you are saving having to declare it on insurance policies in the future and you are keeping a clean licence which would have had those 3 points on it for the next 5 years. (yes pedants, 5 years, because they won't remove them for 5 years, even though they are only valid for 4 years.)

If you hear nothing further from them during October you have won.
If you go to court just do your best, ask pepipoo for advice on how to defend yourself. and pay the money if you lose, no big deal.

When I used to get caught* speeding (and my partner did aswell) Every NIP we got (about 6 in total) we dealt with in this way, and we always timed out, never got taken to court, and never had to pay or get points. But then I never did what you have done.... sending them letters and phonecalls

YOU DECIDE

You only have 4 days to go (6th Oct) and you may already be too late. If you decide to gamble.... Good Luck!

*Please note the past tense anyone who is thinking of saying something about me & speeding.